United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 942 1976 90
1 UNITED STATES
STATUTES AT LARGE

CONTAINING THE

LAWS AND CONCURRENT RESOLUTIONS

ENACTED DURING THE SECOND SESSION OF THE

NINETY-FOURTH CONGRESS

OF THE UNITED STATES OF AMERICA

1976

AND

PROCLAMATIONS

Volume 90

IN TWO PARTS

Part 1

PUBLIC LAWS 94–206 THROUGH 94–454

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1978

PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ADMINISTRATOR OF GENERAL SERVICES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS SERVICE

 DISCONTINUATION OF LAWS AFFECTED TABLE
The Laws Affected Table will be discontinued after publication in this volume covering the year 1976 and as a separate cumulation covering the years 1971–1975.
A careful and extended survey has shown that the number of users of the Laws Affected Table is too small to justify the cost of production and publication.

For sale by the

Superintendent of Documents

U.S. Government Printing Office, Washington, D.C. 20402

(2-part set; sold in sets only)

Stock No. 022–002–00056–2

 iii CONTENTS Page List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxxix List of Private Laws xli List of Concurrent Resolutions xlv List of Proclamations xlix Public Laws (94–206 Through 94–454) 3 Subject Index A1 Individual Index B1 List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxxix List of Private Laws xli List of Concurrent Resolutions xlv List of Proclamations xlix Public Laws (94–455 Through 94–588) 1520 Private Laws 2967 Concurrent Resolutions 3017 Proclamations 3071 Subject Index A1 Individual Index B1 Table of Laws Affected in Volume 90 C1 v LIST OF BILLS ENACTED INTO PUBLIC LAW THE NINETY-FOURTH CONGRESS OF THE UNITED STATES SECOND SESSION, 1976 Bill No. Public Law No. H.R. 49 94–258 H.R. 71 94–491 H.R. 200 94–265 H.R. 366 94–430 H.R. 508 94–213 H.R. 589 94–442 H.R. 1073 94–523 H.R. 1142 94–528 H.R. 1144 94–568 H.R. 1244 94–524 H.R. 1313 94–242 H.R. 1465 94–271 H.R. 1466 94–262 H.R. 1607 94–525 H.R. 2177 94–511 H.R. 2575 94–243 H.R. 2735 94–581 H.R. 2749 94–512 H.R. 3052 94–396 H.R. 3348 94–424 H.R. 3427 94–257 H.R. 3440 94–244 H.R. 3605 94–529 H.R. 3650 94–397 H.R. 3884 94–412 H.R. 3954 94–464 H.R. 4034 94–246 H.R. 4206 94–513 H.R. 4979 94–235 H.R. 5071 94–414 H.R. 5272 94–301 H.R. 5360 94–383 H.R. 5512 94–223 H.R. 5546 94–484 H.R. 5608 94–215 H.R. 5621 94–337 H.R. 5630 94–340 H.R. 5682 94–548 H.R. 5727 94–233 H.R. 6184 94–217 H.R. 6346 94–259 H.R. 6516 94–239 H.R. 6622 94–415 H.R. 6949 94–218 H.R. 7108 94–475 H.R. 7228 94–569 H.R. 7656 94–294 H.R. 7792 94–357 H.R. 7824 94–229 H.R. 7896 94–390 H.R. 7929 94–514 H.R. 7988 94–278 H.R. 8002 94–544 H.R. 8069 94–206 H.R. 8089 94–296 H.R. 8235 94–280 H.R. 8410 94–410 H.R. 8471 94–345 H.R. 8507 94–256 H.R. 8508 94–234 H.R. 8529 94–214 H.R. 8532 94–435 H.R. 8603 94–421 H.R. 8719 94–306 H.R. 8800 94–413 H.R. 8835 94–240 H.R. 8957 94–292 H.R. 9019 94–460 H.R. 9153 94–403 H.R. 9291 94–346 H.R. 9460 94–584 H.R. 9570 94–251 H.R. 9617 94–245 H.R. 9630 94–309 H.R. 9719 94–565 H.R. 9721 94–302 H.R. 9771 94–353 H.R. 9811 94–420 H.R. 9861 94–212 H.R. 10051 94–331 H.R. 10101 94–530 H.R. 10133 94–561 H.R. 10192 94–572 H.R. 10210 94–566 H.R. 10230 94–282 H.R. 10268 94–321 H.R. 10339 94–463 H.R. 10370 94–398 H.R. 10374 94–391 H.R. 10394 94–417 H.R. 10451 94–356 H.R. 10572 94–358 H.R. 10612 94–455 H.R. 10624 94–260 H.R. 10826 94–526 H.R. 10930 94–366 H.R. 11009 94–399 H.R. 11045 94–230 H.R. 11149 94–443 H.R. 11303 94–506 H.R. 11315 94–583 H.R. 11321 94–451 H.R. 11337 94–521 H.R. 11347 94–505 H.R. 11407 94–468 H.R. 11438 94–310 H.R. 11439 94–342 H.R. 11455 94–549 H.R. 11481 94–404 H.R. 11504 94–372 H.R. 11510 94–207 H.R. 11559 94–316 H.R. 11598 94–272 H.R. 11619 94–298 H.R. 11645 94–219 H.R. 11665 94–249 H.R. 11670 94–406 H.R. 11700 94–236 H.R. 11722 94–453 H.R. 11804 94–348 H.R. 11876 94–285 H.R. 11891 94–545 H.R. 11893 94–232 H.R. 11997 94–452 H.R. 12018 94–288 H.R. 12033 94–560 H.R. 12118 94–481 H.R. 12122 94–255 H.R. 12132 94–308 H.R. 12168 94–477 H.R. 12169 94–385 H.R. 12188 94–341 H.R. 12193 94–238 H.R. 12203 94–330 H.R. 12207 94–570 H.R. 12216 94–293 H.R. 12226 94–281 H.R. 12261 94–402 H.R. 12438 94–361 H.R. 12453 94–307 H.R. 12455 94–401 H.R. 12490 94–253 H.R. 12527 94–299 H.R. 12545 94–347 H.R. 12566 94–471 H.R. 12572 94–582 H.R. 12725 94–267 H.R. 12838 94–462 H.R. 12927 94–498 H.R. 12939 94–546 H.R. 12961 94–552 H.R. 12987 94–444 H.R. 13035 94–461vi H.R. 13069 94–354 H.R. 13121 94–386 H.R. 13160 94–567 H.R. 13172 94–303 H.R. 13218 94–536 H.R. 13308 94–374 H.R. 13325 94–436 H.R. 13326 94–535 H.R. 13359 94–392 H.R. 13367 94–488 H.R. 13372 94–407 H.R. 13374 94–466 H.R. 13380 94–343 H.R. 13500 94–585 H.R. 13501 94–368 H.R. 13549 94–454 H.R. 13585 94–531 H.R. 13615 94–522 H.R. 13679 94–395 H.R. 13680 94–329 H.R. 13713 94–578 H.R. 13828 94–575 H.R. 13899 94–349 H.R. 13955 94–564 H.R. 13965 94–333 H.R. 14041 94–547 H.R. 14114 94–334 H.R. 14231 94–373 H.R. 14232 94–439 H.R. 14233 94–378 H.R. 14234 94–387 H.R. 14235 94–367 H.R. 14236 94–355 H.R. 14237 94–351 H.R. 14238 94–440 H.R. 14239 94–362 H.R. 14260 94–441 H.R. 14261 94–363 H.R. 14262 94–419 H.R. 14298 94–432 H.R. 14299 94–443 H.R. 14451 94–519 H.R. 14484 94–365 H.R. 14503 94–500 H.R. 14514 94–379 H.R. 14535 94–571 H.R. 14773 94–496 H.R. 14846 94–431 H.R. 14886 94–499 H.R. 14956 94–507 H.R. 14973 94–425 H.R. 14977 94–515 H.R. 15059 94–517 H.R. 15068 94–445 H.R. 15136 94–508 H.R. 15193 94–446 H.R. 15194 94–447 H.R. 15246 94–489 H.R. 15276 94–533 H.R. 15319 94–426 H.R. 15371 94–408 H.R. 15445 94–532 H.R. 15531 94–550 H.R. 15546 94–501 H.R. 15552 94–467 H.R. 15563 94–576 H.R. 15571 94–563 H.R. 15582 94–516 H.R. 15813 94–534 H.J. Res. 92 94–311 H.J. Res. 406 94–208 H.J. Res. 491 94–277 H.J. Res. 519 94–479 H.J. Res. 549 94–241 H.J. Res. 670 94–263 H.J. Res. 726 94–322 H.J. Res. 738 94–389 H.J. Res. 784 94–220 H.J. Res. 801 94–252 H.J. Res. 811 94–226 H.J. Res. 857 94–254 H.J. Res. 890 94–266 H.J. Res. 967 94–497 H.J. Res. 1008 94–480 H.J. Res. 1096 94–438 H.J. Res. 1105 94–473 H.J. Res. 1107 94–551 H.J. Res. 1118 94–504 H.J. Res. 1119 94–494 S. 5 94–409 S. 12 94–554 S. 14 94–470 S. 18 94–319 S. 22 94–553 S. 64 94–556 S. 98 94–323 S. 151 94–228 S. 217 94–416 S. 229 94–359 S. 268 94–352 S. 270 94–221 S. 327 94–422 S. 391 94–377 S. 400 94–518 S. 507 94–579 S. 510 94–295 S. 522 94–437 S. 532 94–312 S. 537 94–381 S. 586 94–370 S. 611 94–250 S. 644 94–284 S. 726 94–509 S. 800 94–574 S. 811 94–360 S. 865 94–541 S. 969 94–502 S. 999 94–510 S. 1026 94–557 S. 1283 94–577 S. 1414 94–485 S. 1466 94–317 S. 1506 94–486 S. 1518 94–364 S. 1526 94–384 S. 1545 94–247 S. 1617 94–231 S. 1657 94–209 S. 1659 94–540 S. 1689 94–388 S. 1847 94–211 S. 1941 94–279 S. 1971 94–476 S. 2017 94–237 S. 2054 94–376 S. 2090 94–448 S. 2112 94–527 S. 2115 94–286 S. 2117 94–225 S. 2129 94–297 S. 2145 94–405 S. 2150 94–580 S. 2184 94–427 S. 2212 94–503 S. 2228 94–487 S. 2278 94–559 S. 2286 94–428 S. 2308 94–268 S. 2371 94–429 S. 2398 94–539 S. 2444 94–274 S. 2445 94–273 S. 2498 94–305 S. 2511 94–434 S. 2529 94–324 S. 2533 94–538 S. 2548 94–573 S. 2619 94–289 S. 2620 94–290 S. 2642 94–393 S. 2657 94–482 S. 2672 94–222 S. 2679 94–304 S. 2718 94–210 S. 2760 94–313 S. 2839 94–472 S. 2847 94–335 S. 2853 94–339 S. 2862 94–411 S. 2910 94–562 S. 2920 94–264 S. 2923 94–520 S. 2945 94–336 S. 2981 94–465 S. 2991 94–474 S. 3031 94–287 S. 3050 94–478 S. 3052 94–449 S. 3056 94–276 S. 3060 94–261 S. 3063 94–543 S. 3065 94–283 S. 3091 94–588 S. 3095 94–450 S. 3107 94–291 S. 3108 94–269 S. 3122 94–325 S. 3131 94–555 S. 3147 94–326 S. 3149 94–469 S. 3161 94–320 S. 3168 94–350 S. 3184 94–371 S. 3187 94–314 S. 3201 94–369 S. 3283 94–424vii S. 3295 94–375 S. 3383 94–490 S. 3399 94–300 S. 3430 94–458 S. 3435 94–394 S. 3441 94–495 S. 3475 94–327 S. 3521 94–586 S. 3542 94–400 S. 3557 94–537 S. 3589 94–382 S. 3621 94–524 S. 3625 94–332 S. 3651 94–456 S. 3669 94–418 S. 3734 94–457 S. 3735 94–380 S. 3823 94–587 S. 3843 94–459 S. 3894 94–558 S.J. Res. 35 94–275 S.J. Res. 49 94–344 S.J. Res. 59 94–227 S.J. Res. 101 94–270 S.J. Res. 126 94–493 S.J. Res. 154 94–224 S.J. Res. 167 94–216 S.J. Res. 168 94–315 S.J. Res. 181 94–483 S.J. Res. 184 94–248 S.J. Res. 196 94–338 S.J. Res. 201 94–318 S.J. Res. 203 94–328 S.J. Res. 209 94–492 ix LIST OF PUBLIC LAWS CONTAINED IN THIS VOLUME Public Law Page 94–206 3 94–207 28 94–208 29 94–209 30 94–210 31 94–211 151 94–212 153 94–213 179 94–214 181 94–215 189 94–216 191 94–217 192x 94–218 193 94–219 194 94–220 195 94–221 196 94–222 197 94–223 199 94–224 201 94–225 202 94–226 203 94–227 204 94–228 205 94–229 210 94–230 211 94–231 215xi 94–232 217 94–233 219 94–234 234 94–235 235 94–236 238 94–237 241 94–238 250 94–239 251 94–240 257 94–241 263 94–242 280 94–243 281 94–244 282 94–245 283xii 94–246 284 94–247 285 94–248 286 94–249 287 94–250 289 94–251 292 94–252 293 94–253 295 94–254 298 94–255 299 94–256 301 94–257 302 94–258 303 94–259 314 94–260 315xiii 94–261 326 94–262 327 94–263 328 94–264 329 94–265 331 94–266 362 94–267 365 94–268 370 94–269 371 94–270 372 94–271 373 94–272 374 94–273 375 94–274 383xiv 94–275 396 94–276 397 94–277 399 94–278 401 94–279 417 94–280 425 94–281 458 94–282 459 94–283 475 94–284 503 94–285 516 94–286 517xv 94–287 519 94–288 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94–458 1939 94–459 1944xxviii 94–460 1945 94–461 1961 94–462 1971 94–463 1982 94–464 1985 94–465 1990 94–466 1992 94–467 1997 94–468 2002 94–469 2003 94–470 2052 94–471 2053 94–472 2059 94–473 2065xxix 94–474 2068 94–475 2069 94–476 2072 94–477 2073 94–478 2077 94–479 2078 94–480 2079 94–481 2080 94–482 2081 94–483 2242 94–484 2243 94–485 2326 94–486 2327 94–487 2331xxx 94–488 2341 94–489 2358 94–490 2359 94–491 2363 94–492 2364 94–493 2365 94–494 2372 94–495 2373 94–496 2375 94–497 2377 94–498 2379 94–499 2380 94–500 2381 94–501 2382xxxi 94–502 2383 94–503 2407 94–504 2428 94–505 2429 94–506 2485 94–507 2436 94–508 2437 94–509 2438 94–510 2439 94–511 2440 94–512 2441xxxii 94–513 2442 94–514 2443 94–515 2444 94–516 2445 94–517 2446 94–518 2447 94–519 2451 94–520 2458 94–521 2459 94–522 2467 94–523 2474 94–524 2475 94–525 2478 94–526 2479 94–527 2481xxxiii 94–528 2483 94–529 2485 94–530 2487 94–531 2489 94–532 2491 94–533 2493 94–534 2495 94–535 2496 94–536 2497 94–537 2498 94–538 2500 94–539 2501 94–540 2503 94–541 2505xxxiv 94–542 2509 94–543 2514 94–544 2515 94–545 2517 94–546 2519 94–547 2523 94–548 2528 94–549 2529 94–550 2534 94–551 2537 94–552 2540 94–553 2541 94–554 2603 94–555 2613 94–556 2632xxxv 94–557 2633 94–558 2639 94–559 2641 94–560 2642 94–561 2643 94–562 2645 94–563 2655 94–564 2660 94–565 2662 94–566 2667 94–567 2692 94–568 2697 94–569 2699xxxvi 94–570 2701 94–571 2703 94–572 2708 94–573 2709 94–574 2721 94–575 2723 94–576 2728 94–577 2729 94–578 2732 94–579 2743 94–580 2795 94–581 2842 94–582 2867 94–583 2891xxxvii 94–584 2899 94–585 2901 94–586 2903 94–587 2917 94–588 2949 xxxix LIST OF BILLS ENACTED INTO PRIVATE LAW THE NINETY-FOURTH CONGRESS, SECOND SESSION Bill No. Private Law No. H.R. 1394 94–60 H.R. 1395 94–61 H.R. 1396 94–62 H.R. 1397 94–63 H.R. 1399 94–29 H.R. 1402 94–92 H.R. 1404 94–54 H.R. 1425 94–64 H.R. 1507 94–65 H.R. 1558 94–58 H.R. 1645 94–66 H.R. 1758 94–30 H.R. 1762 94–59 H.R. 2118 94–67 H.R. 2278 94–68 H.R. 2279 94–48 H.R. 2399 94–69 H.R. 2411 94–70 H.R. 2495 94–71 H.R. 2502 94–72 H.R. 2565 94–73 H.R. 2776 94–44 H.R. 2782 94–43 H.R. 2940 94–74 H.R. 2941 94–75 H.R. 2943 94–56 H.R. 3372 94–76 H.R. 3377 94–137 H.R. 4038 94–45 H.R. 4046 94–31 H.R. 4053 94–77 H.R. 4113 94–32 H.R. 4583 94–111 H.R. 4829 94–55 H.R. 4939 94–33 H.R. 4941 94–37 H.R. 5052 94–78 H.R. 5227 94–46 H.R. 5500 94–79 H.R. 5503 94–112 H.R. 5648 94–80 H.R. 5666 94–53 H.R. 5750 94–34 H.R. 5752 94–93 H.R. 6093 94–81 H.R. 6156 94–94 H.R. 6392 94–82 H.R. 6687 94–83 H.R. 7404 94–84 H.R.7494 94–85 H.R. 7624 94–113 H.R. 7685 94–57 H.R. 7832 94–109 H.R. 7882 94–86 H.R. 7908 94–87 H.R. 8027 94–127 H.R. 8119 94–121 H.R. 8451 94–35 H.R. 8555 94–36 H.R. 8557 94–88 H.R. 8695 94–89 H.R. 8863 94–47 H.R. 8907 94–28 H.R. 9414 94–95 H.R. 9543 94–128 H.R. 9965 94–96 H.R. 10076 94–90 H.R. 10434 94–110 H.R. 10793 94–115 H.R. 11076 94–91 H.R. 11199 94–122 H.R. 11809 94–129 H.R. 11890 94–116 H.R. 12707 94–130 H.R. 12831 94–117 H.R. 13417 94–131 H.R. 13964 94–138 H.R. 14227 94–139 H.R. 14470 94–132 S. 52 94–51 S. 223 94–50 S. 719 94–38 S. 720 94–39 S. 721 94–40 S. 804 94–41 S. 832 94–42 S. 866 94–114 S. 1365 94–133 S. 1404 94–99 S. 1477 94–100 S. 1494 94–49 S. 1699 94–52 S. 1787 94–101 S. 2004 94–98 S. 2220 94–102 S. 2322 94–108 S. 2481 94–103 S. 2618 94–123 S. 2668 94–104 S. 2770 94–105 S. 2798 94–140 S. 2830 94–106 S. 2942 94–124 S. 2956 94–107 S. 3035 94–126 S. 3146 94–118 S. 3380 94–119 S. 3485 94–120 S. 3556 94–134 S. 3667 94–141 S. 3682 94–135 S. 3683 94–136 S. 3757 94–125 S. 3779 94–97 xli LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME Private Law Page 94–28 2967 94–29 2967 94–30 2967 94–31 2968 94–32 2968 94–33 2969 94–34 2969 94–35 2969 94–36 2970 94–37 2970 94–38 2970 94–39 2971 94–40 2971 94–41 2971 94–42 2972 94–43 2972 94–44 2973 94–45 2973 94–46 2973 94–47 2974 94–48 2974 94–49 2974 94–50 2975 94–51 2975xlii 94–52 2976 94–53 2976 94–54 2976 94–55 2977 94–56 2978 94–57 2978 94–58 2979 94–59 2979 94–60 2980 94–61 2980 94–62 2980 94–63 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Joint meeting 3017 S. 2718. Vacating and Recommitting to Committee 3017 S. 2718. Correction in bill enrollment 3017 H.R. 5247. Correction in bill enrollment 3022 House of Representatives and Senate. Adjournment from Feb. 11–16, 1976 and Feb. 6–16, 1976, respectively 3022 Second Brussels Conference, 1976. Congressional support for enlargement of human freedom 3022 Joint Committee for Inaugural Arrangements. 3023 Select Committee To Study Governmental Operations With Respect to Intelligence Activities, Report. Printing of additional copies 3023 H.R. 5727.Correction in bill enrollment 3023 Railways and Railway Labor Organizations, Negotiations. 3024 “1976 Joint Economic Report.” Printing of additional copies 3024 S. Con. Res. 44. Amendment 3025 H.R. 200. Correction in bill enrollment 3025 H.R. 8617. Correction in bill enrollment 3026 Magna Carta. Delegation to receive Magna Carta, appointment, payment of expenses 3026 Convention of American Instructors of the Deaf. Proceedings printed as Senate document; additional copies 3027 Congress. Adjournment from Apr. 14–26, 1976 3028 H.R. 8235. Correction in bill enrollment 3028 “Our Flag.” Printing as House document; additional copies 3028 U.S Constitution and Declaration of Independence. Printing as House document; additional copies 3029 U.S Constitution. Printing as House document; additional copies 3029 “How Our Laws Are Made.” Printing as House document; additional copies 3029 Congressional Budget for U.S Government, Fiscal Year 1977. 3029 S. 2498. Correction in bill enrollment 3031 Congressional Fellowship Programs. Congressional appreciation 3032 “Court Proceedings and Actions of Vital Interest to the Congress Final Report for the 93d Congress, December 1974.” Printing of additional copies 3032 House of Representatives and Senate. Adjournment from May 27–June 1, 1976 and May 28–June 2, 1976, respectively 3033 U.S Constitution (pocket-size edition). Printing of additional copies 3033xlvi “Federal Election Campaign Laws Relating to the United States House of Representatives.” Printing as House document 3033 H.R. 11559. Correction in bill enrollment 3034 Economic Assistance to Italy. Congressional willingness to participate with NATO members 3034 S. 3201. Correction in bill enrollment 3034 “Duties of the Speaker.” Printing as House document 3035 Walking Tour Map of U.S. Capitol. Printing 3035 H.R. 7792. Correction in bill enrollment 3035 S. 811. Correction in bill enrollment 3036 S. 586. Correction in bill enrollment 3036 Congress. Adjournment from July 2–19, 1976 3037 Declaration of Independence, Ideals and Principles. Reaffirmation of congressional commitment 3037 H.R. 11504. Correction in bill enrollment 3038 Congress. Adjournment from Aug. 10–23, 1976 3038 H.R. 12169. Correction in bill enrollment 3038 “The Washington-Rochambeau Historic Route.” Congressional recognition 3039 “Multinational Corporations and U.S Foreign Policy,” and others Printing of copies 3040 “Soviet Space Programs, 1971–1975.” Printing of additional copies 3040 Senate Committee on Foreign Relations—One Hundred and Sixtieth Anniversary. Printing as Senate document; additional copies 3040 “The Senate Chamber, 1810–1859.” Printing of additional copies 3040 H.R. 11670. Correction in bill enrollment 3041 H.R. 11481. Correction in bill enrollment 3041 House of Representatives and Senate. Adjournment from Sept. 2–8, 1976 and Sept. 1–7, 1976, respectively 3041 H.R. 10612. Correction in bill engrossment 3042 Justice William O. Douglas—Tributes. Printing as House document 3042 “Review of National Breeder Reactor Program.” Printing of copies 3042 “The Working of Congress.” Printing as House document; additional copies 3043 “New Perspectives in Health Care for Older Americans (Recommendations and Policy Directions of the Subcommittee on Health and Long-Term Care).” Printing of additional copies 3043 “Summary of Veterans’ Legislation Reported, Ninety-fourth Congress.” Printing of additional copies 3043 “Black Americans in Congress.” Printing of copies 3044 S. 327. Corrections in bill enrollment 3044 Congressional Budget for U.S Government, Fiscal Year 1977. 3044 H.R. 10612. Corrections in bill enrollment 3046 “United States Space Observance.” Request for presidential proclamation 3053 Procedures of Internal Revenue Service—Report. Printing as Senate document; additional copies 3054 Rev Edward L. R. Elson’s Prayers. Printing as Senate document; additional copies 3054 H.R. 5546. Corrections in bill enrollment 3054xlvii “Background Materials Concerning Child and Family Services Act, 1975 (S 626).” Printing of additional copies 3065 “Soviet Economy in a New Perspective.” Printing of additional copies 3065 “Women in Congress.” Printing of copies 3066 “Art in the United States Capitol.” Printing as House document; additional copies 3066 Georgi Vins. Congressional support for release from Soviet Union imprisonment 3066 Presentation of Portrait of Hon James A. Haley. Printing of transcript as House document; additional copies 3067 Presidential Debates Between James E. Carter and Gerald R. Ford. Printing of copies 3067 Congress. Adjournment sine die 3068 xlix LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME No. 4410 3071 4411 3072 4412 3073 4413 3075 4414 3076 4415 3077 4416 3077 4417 3078 4418 3079 4419 3080 4420 3081 4421 3082 4422 3083 4423 3084 4424 3085 4425 3086 4426 3087 4427 3088 4428 3089 4429 3090 4430 3090 4431 3091 4432 3092 4433 3093 4434 3094 4435 3095 4436 3096 4437 3098 4438 3099 4439 3100 4440 3100 4441 3101 4442 3102 4443 3103 4444 3104 4445 3105 4446 3110 4447 3111 4448 3112 4449 3113 4450 3114l 4451 3114 4452 3115 4453 3116 4454 3117 4455 3118 4456 3119 4457 3120 4458 3121 4459 3122 4460 3123 4461 3124 4462 3125 4463 3126 4464 3127 4465 3128

PUBLIC LAWS

enacted during

SECOND SESSION OF THE NINETY-FOURTH CONGRESS

of the

UNITED STATES OF AMERICA

 Begun and held at the City of Washington on Monday, January 19, 1976, and adjourned sine die on Friday, October 1, 1976. Gerald R. Ford, President; Nelson A. Rockefeller, Vice President; Carl Albert, Speaker of the House of Representatives. Public Law 94–206: Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1978, and the period ending September 30, 1976, and for other purposes. Public Law 206 Public Law 94–206 90 Stat. 3 1976-01-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 3 Public Law 94–206 94th Congress
An Act Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1978, and the period ending September 30, 1976, and for other purposes.

Jan. 28, 1976

[H.R. 8069]

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

Departments of Labor and Health, Education, and Welfare Appropriation Act, 1976.

Department of Labor Appropriation Act, 1976.

sums are appropriated out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes, namely:
<num class="centered" value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"><heading>Manpower Administration</heading> <appropriations level="small"><heading>program administration</heading> <content> <p class="firstIndent1 fontsize10">For expenses of administering employment and training programs, $66,632,000, together with not to exceed $29,866,000 which may be <page identifier="/us/stat/90/4">90 STAT. 4</page>expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $5,270,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001–2003.</p> <p class="firstIndent1 fontsize10">For “Program administration” for the period July 1, 1976, through September 30, 1976, $16,748,000, together with not to exceed $7,377,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $1,318,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001–2003.</p> </content> </appropriations> <appropriations level="small"><heading>comprehensive manpower assistance</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to carry into effect the Comprehensive <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s801">29 USC 801 note</ref>.</p></sidenote>Employment and Training Act of 1973, as amended, and sections 326 and 328 of the Trade Expansion Act of 1962 (19 U.S.C. 1951 and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2296/2297/2298">19 USC 2296, 2297, 2298</ref>.</p></sidenote>1961) and sections 236, 237, and 238 of the Trade Act of 1974, $2,388,400,000, plus reimbursements, to remain available until September 30, 1977: <proviso><i>Provided</i>, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities and for the purchase of real property for training centers as authorized by the Comprehensive Employment and Training Act of 1973, as amended.</proviso></p> <p class="firstIndent1 fontsize10">For “Comprehensive manpower assistance” for the period July 1, 1976, through September 30, 1976, $597,500,000, plus reimbursements, to remain available until September 30, 1977: <proviso><i>Provided</i>, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construct ion, alteration and repair of buildings and other facilities and for the purchase of real property for training centers as authorized by the Comprehensive Employment and Training Act of 1973, as amended.</proviso></p> </content></appropriations> <page identifier="/us/stat/90/5">90 STAT. 5</page> <appropriations level="small"><heading>federal unemployment benefits and allowances</heading> <content> <p class="firstIndent1 fontsize10">For payments during the current fiscal year of benefits and allowances to unemployed Federal employees and ex-servicemen, as authorized by title 5, chapter 85 of the United States Code, of trade <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8501">5 USC 8501 <i>et seq</i></ref>.</p></sidenote>adjustment benefit payments and allowances, as provided by law (19 U.S.C. 1941–1944 and 1952; part I, subchapter B, chapter 2, title II, of the Trade Act of 1974), and of unemployment assistance as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2291">19 USC 2291</ref>.</p></sidenote>authorized by title II of the Emergency Jobs and Unemployment Assistance Act of 1974, $410,000,000, together with such amounts as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote>may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to June 15 of the current year: <proviso><i>Provided</i>, That, in addition, there shall be transferred from the Postal Service Fund to this appropriation such sums as the Secretary of Labor determines to be the cost of benefits for ex-Postal Service employees:</proviso> <proviso><i>Provided further</i>, That amounts received during the current fiscal year from the Postal Service or recovered from the States pursuant to 5 U.S.C. 8505(d) shall be available for such payments during the year.</proviso></p> <p class="firstIndent1 fontsize10">For payments during the period July 1, 1976, through September 30, 1976, of benefits and allowances to unemployed Federal employees and ex-servicemen, as authorized by title 5, Chapter 85 of the United States Code, and of trade adjustment benefit payments and allowances, as provided by law (19 U.S.C. 1941–1944 and 1952; part I, subchapter B, chapter 2, title II, of the Trade Act of 1974), $95,000,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current period: <proviso><i>Provided</i>, That, in addition, there shall be transferred from the Postal Service Fund to this appropriation such sums as the Secretary of Labor determines to be the cost of benefits for ex-Postal Service employees:</proviso> <proviso><i>Provided further</i>, That amounts received during the current period from the Postal Service or recovered from the States pursuant to 5 U.S.C. 8505(d) shall be available for such payments during the period.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>grants to states for unemployment insurance and employment services</heading> <content> <p class="firstIndent1 fontsize10">For grants for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-49n, 39 U.S.C. 3202 (a) (1) (E)); Veterans’ Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001–2013); title III of the Social Security Act, as amended (42 U.S.C. 501–503); sections 312 (e) and (g) of the Comprehensive Employment and Training Act of 1973, as amended; and necessary administrative <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s882">29 USC 882</ref>.</p></sidenote>expenses for carrying out 5 U.S.C. 8501–8523, 19 U.S.C. 1941–1944, 1952, and chapter 2, title IT, of the Trade Act of 1974, including upon <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2271">19 USC 2271 <i>et seq</i></ref>.</p></sidenote>the request of any State, the payment of rental for space made available to such State in lieu of grants for such purpose. $81,300,000, together with not to exceed $1,051,300,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fond, and of which $76,000,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State’s basic grant was based, which cannot be provided for by normal budgetary adjustments: <proviso><i>Provided</i>, That any portion of the <page identifier="/us/stat/90/6">90 STAT. 6</page>funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived.</proviso></p> <p class="firstIndent1 fontsize10">For grants for the period July 1, 1976, through September 30, 1976, for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49—I9n, 39 U.S.C. 3202(a)(1)(E)); Veterans’ Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001–2013); title III of the Social Security Act, as amended (42 U.S.C. 501–503); sections 312 (e) and (g) of the Comprehensive Employment and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s882">29 USC 882</ref>.</p></sidenote>Training Act of 1973, as amended; and necessary administrative expenses for carrying out 5 U.S.C. 8501–8523, 19 U.S.C. 1941–1944, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s2271">19 USC 2271 <i>et seq</i></ref>.</p></sidenote>1952, and chapter 2, title II, of the Trade Act of 1974, including upon the request of any State, the payment of rental for space made available to such State in lieu of grants for such purpose, $20,300,000, together with not to exceed $262,850,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $15,000,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State’s basic grant was based, which cannot be provided for by normal budgetary adjustments: <proviso><i>Provided</i>, That any portion of the funds granted to a State in the current period and not obligated by the State in that period shall be returned to the Treasury and credited to the account from which derived.</proviso></p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Labor-Management Services Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses for the Labor-Management Services Administration, $41,232,000.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $10,047,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Pension Benefit Guaranty Corporation</heading> <content>The Pension Benefit Guaranty Corporation is hereby authorized to make such expenditures within limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year, and the program for the period July 1, 1976, through September 30, 1976, for such corporation.</content> </appropriations> <appropriations level="intermediate"><heading>Employment Standards Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $82,410,000, together with $225,000 which may be expended from the Special Fund in accordance with Sections 39 (c) and 44(j) of the Longshoremen’s and Harbor <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s939/944">33 USC 939, 944</ref>.</p></sidenote>Workers’ Compensation Act.</p> <page identifier="/us/stat/90/7">90 STAT. 7</page> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $20,602,000, together with $56,000 which may be expended from the Special Fund in accordance with Sections 39(c) and 44 (j) of the Longshoremen’s and Harbor Workers’ Compensation Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t30/s901">33 USC 939, 944</ref>.</p></sidenote></p> </content></appropriations> <appropriations level="small"><heading>special benefits</heading> <content> <p class="firstIndent1 fontsize10">For the payments of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, and title V, chapter 81 of the United <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t30/s901">30 USC 901</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8101">5 USC 8101 <i>et seq</i></ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t60/s696">60 Stat 696</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t57/s513">57 Stat. 513</ref>.</p></sidenote>States Code; continuation of benefits as provided for under the head “Civilian War Benefits” in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and fifty per centum of the additional compensation and benefits required by section 10(h) of the Longshoremen’s and Harbor Workers’ Compensation Act, as amended, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s910">33 USC 910</ref>.</p></sidenote>$201,000,000, together with such amount as may he necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to June 15 of the current year: <proviso><i>Provided</i>, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through June 30, 1976.</proviso></p> <p class="firstIndent1 fontsize10">Whenever the Secretary of Labor finds it will promote the achievement of the above activities, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for hearing examiners appointed under 5 U.S.C. 3105: <proviso><i>Provided</i>, That no person shall hold a hearing in any case with which he has been concerned previously in the administration of such activities.</proviso></p> <p class="firstIndent1 fontsize10">For “Special benefits” for the period July 1, 1976, through September 30, 1976, $70,000,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Occupational Safety and Health Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses for the Occupational Safety and Health Administration, $116,221,000, of which not to exceed $9,000,000 shall be available for reimbursement to States under section 7(c) (1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656(c)(1)) for the furnishing of consultation services to employers under section 21 (c) of such Act (29 U.S.C. 670(c)).</p> <p class="firstIndent1 fontsize10">None of the funds appropriated in this Act shall be used to require recordkeeping and reporting under the Occupational Safety and Health Act of 1970 from employers of ten or fewer employees, and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s651">29 USC 651 note</ref>.</p></sidenote>such exclusion shall be governed by the current rules and regulations in CTR. Title 29. Chapter XVII. Part 1904.15.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976. $29,000,000, of which not to exceed $1,250,000 shall lie available for reimbursement to States under section 7(c) (1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656(c) (1)) for the furnishing of consultation services to employers under section 21 (c) of such Act (29 U.S.C. 670(c)).</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/8">90 STAT. 8</page> <appropriations level="intermediate"><heading>Bureau of Labor Statistics</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $64,846,000, of which $7,095,000 shall be for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $16,210,000, of which $1,774,000 shall be for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses for departmental management and $1,328,000 for the President’s Committee on Employment of the Handicapped, $32,297,000, together with not to exceed $881,000, to be derived from the Employment Security Administration account, Unemployment Trust Fund.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $7,781,000, together with an amount not to exceed $221,000 to be derived from the Employment Security Administration account, Unemployment Trust Fund.</p> </content> </appropriations> <appropriations level="small"><heading>special foreign currency program</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as authorized by law, $70,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to such agency for payments in the foregoing currencies.</proviso></content> </appropriations> </appropriations> <level> <heading class="centered smallCaps">General Provisions</heading> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><content>Appropriations in this Act available for salaries and expenses shall lie available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes.</content></section> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><chapeau>Funds appropriated by this Act for the payment of special unemployment assistance under title II of the Emergency Jobs and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote>Unemployment Assistance Act of 1974 shall not be used for making such payments of assistance or waiting period credit, lieginning after the date of enactment of this Act, to any individual who performs services in an instructional, research, or principal administrative capacity for an educational institution or agency with respect to any week commencing during the period between two successive academic years (or, when the contract provides instead for a similar period <page identifier="/us/stat/90/9">90 STAT. 9</page>between two regular but not successive terms, during such similar period) if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>such individual performed services in any such capacity for any educational institution or agency for the first or such academic years or tenns; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline"><p class="inline">such individual has a contract to perform services in any such capacity for any educational institution or agency for the latter of such academic years or terms.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Department of Labor Appropriation <sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote>Act, 1976</shortTitle>”.</p> </content> </paragraph> </section> </level> <num class="centered" value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF HEALTH. EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"><heading>Health Services Administration</heading> <appropriations level="small"><heading>health services</heading> <content> <p class="firstIndent1 fontsize10">For carrying out, except as otherwise provided, titles III, V, XI, XII, and XIII of the Public Health Service Act, the Act of August <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s241/219/300b/300e">42 USC 241, 219, 300b, 300d, 300e</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s253b">42 USC 253b and note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s701/1301">42 USC 701, 1301</ref>.</p></sidenote>8, 1946 (5 U.S.C. 7901), section 1 of the Act of July 19, 1963 (42 U.S.C. 253a), section 108 of Public Law 93–353, and titles V and XI of the Social Security Act, $557,693,000, of which $1,200,000 shall be available only for payments to the State of Hawaii for care and treatment of persons afflicted with leprosy: <proviso><i>Provided</i>, That any amounts received by the Secretary in connection with loans and loan guarantees under title XIII and any other property or assets derived by him from his operations respecting such loans and loan guarantees, including any money derived from the sale of assets, shall be available to the Secretary without fiscal year limitation for direct loans and loan guarantees, as authorized by said title XIII, in addition to funds specifically appropriated for that purpose:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for payment of the costs of medical care, related expenses, and burial expenses, hereafter incurred, by or on behalf of any person who has participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health, Education, and Welfare, and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person’s wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person:</proviso> <proviso><i>Provided further</i>, That when the Health Services Administration operates an employee health program for any Federal department or agency, payment for the estimated cost shall be made by way of reimbursement or in advance to this appropriation:</proviso> <proviso><i>Provided further</i>, That in addition. $26,671,000 may be transferred to this appropriation as authorized by section 201 (g) (1) of the Social Security Act, from any one or all of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>the trust funds referred to therein.</proviso></p> <p class="firstIndent1 fontsize10">For “Health services” for the period July 1, 1976, through September 30, 1976, $135,126,000: <proviso><i>Provided</i>, That not to exceed $7,021,000 may be transferred and expended as authorized by section 201(g) (1) of the Social Security Act, from any one or all of the trust funds referred to therein:</proviso> <proviso><i>Provided further</i>, That any amounts received by the. Secretary in connection with loans and loan guarantees under title XIII and any other property or assets derived by him from his operations respecting such loans and loan guarantees, including any money derived from the sale of assets, shall be available to the Secretary <page identifier="/us/stat/90/10">90 STAT. 10</page>without fiscal year limitation fur direct loans and loan guarantees, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300e">42 USC 300e</ref>.</p></sidenote>as authorized by said title XIII, in addition to funds specifically appropriated for that purpose:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for payment of the costs of medical care, related expenses, and burial expenses, hereafter incurred, by or on behalf of any person who has participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health, Education, and Welfare, and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person’s wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person:</proviso> <proviso><i>Provided further</i>, That when the Health Services Administration operates an employee health program for any Federal department or agency, payment for the estimated cost shall be made by way of reimbursement or in advance to this appropriation:</proviso> <proviso><i>Provided further</i>, That $300,000 shall be available for payment to the State of Hawaii for care and treatment of persons afflicted with leprosy.</proviso></p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Center for Disease Control</heading> <appropriations level="small"><heading>preventive health services</heading> <content> <p class="firstIndent1 fontsize10">To carry out to the extent not otherwise provided, title TIT of the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t30/s801">30 USC 801 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s651">29 USC 651 note</ref>.</p></sidenote>Public Health Service Act, the Federal Coal Mine Health and Safety Act of 1969, and the Occupational Safety and Health Act of 1970; including insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft; $108,971,000: <proviso><i>Provided</i>, That training of employees of Federal, State, and local governments and of private agencies, shall be made subject to reimbursement or advances to this appropriation for the full cost of such training.</proviso></p> <p class="firstIndent1 fontsize10">For “Preventive health services” for the period July 1, 1976, through September 30, 1976, including insurance of official motor vehicles in foreign countries, and purchase, hire, maintenance, and operation of aircraft; $28,032,000: <proviso><i>Provided</i>, That training of employees of Federal, State, and local governments and of private agencies, shall be made subject to reimbursement or advances to this appropriation for the full cost of such training.</proviso></p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Institutes of Health</heading> <appropriations level="small"><heading>national cancer institute</heading> <content> <p class="firstIndent1 fontsize10">For carrying out, to the extent not otherwise provided, title IV, part <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s281">42 USC 281</ref>.</p></sidenote>A, of the Public Health Service Act with respect to cancer, $743,564,000 including $25,000,000 for construction and renovation which shall remain available until expended.</p> <p class="firstIndent1 fontsize10">For the “National Cancer Institute” for the period July 1, 1976, through September 30, 1976, $149,700,000.</p> </content> </appropriations> <appropriations level="small"><heading>national heart and lung institute</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to carry out title <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote>III of the Public Health Service Act, $349,059,000.</p> <p class="firstIndent1 fontsize10">For the “National Heart and Lung Institute” for the period July 1, 1976, through September 30, 1976, $58,015,000.</p> </content> </appropriations> <page identifier="/us/stat/90/11">90 STAT. 11</page> <appropriations level="small"><heading>national institute of rental research</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, to carry out title IV, part C, of the Public Health Service Act, $45,794,000.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s288">42 USC 288</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">For the “National Institute of Dental Research” for the period July 1, 1976, through September 30, 1976, $7,674,000.</p> </content> </appropriations> <appropriations level="small"><heading>national institute of arthritis, metabolism, and digestive diseases</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to carry out title IV, part D, of the Public Health Service Act with respect to arthritis, rheumatism, metabolic <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s289">42 USC 289</ref>.</p></sidenote>diseases, and digestive diseases, $175,172,000.</p> <p class="firstIndent1 fontsize10">For the “National Institute of Arthritis, Metabolism and Digestive Diseases” for the period July 1, 1976, through September 30, 1976, $43,052,000.</p> </content> </appropriations> <appropriations level="small"><heading>national institute of neurological and communicative disorders and stroke</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to carry out, to the extent not otherwise provided, title IV, part D, of the Public Health Service Act with respect to neurology and stroke, $136,546,000.</p> <p class="firstIndent1 fontsize10">For the “National Institute of Neurological and Communicative Disorders and Stroke” for the period July 1, 1976, through September 30, 1976, $32,964,000.</p> </content> </appropriations> <appropriations level="small"><heading>national institute of allergy and infectious diseases</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, to carry out title IV, part D, of the Public Health Service Act with respect to allergy and infectious diseases, $118,918,000.</p> <p class="firstIndent1 fontsize10">For the “National Institute of Allergy and Infectious Diseases” for the period July 1, 1976, through September 30, 1976, $26,974,000.</p> </content> </appropriations> <appropriations level="small"><heading>national institute of general medical sciences</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to carry out title IV, part E, of the Public Health Service Act with respect to general <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s289d">42 USC 289d</ref>.</p></sidenote>medical sciences. $146,461,000.</p> <p class="firstIndent1 fontsize10">For “National Institute of General Medical Sciences” for the period July 1, 1976, through September 30, 1976, $32,961,000.</p> </content> </appropriations> <appropriations level="small"><heading>national institute of child health and human development</heading> <content> <p class="firstIndent1 fontsize10">To carry out, except as otherwise provided, title IV, part E and title X of the Public Health Service Act with respect to child health and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300">42 USC 300</ref>.</p></sidenote>human development, $126,889,000.</p> <p class="firstIndent1 fontsize10">For “National Institute of Child Health and Human Development” for the period July 1, 1976, through September 30, 1976, $23,566,000.</p> </content> </appropriations> <appropriations level="small"><heading>national institute on aging</heading> <content> <p class="firstIndent1 fontsize10">To carry out, except as otherwise provided, title IV, part H of the Public Health Service Act with respect to aging. $17,526,000.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s289k–2">42 USC 289k–2</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">For the “National Institute on Aging” for the period July 1, 1976, through September 30, 1976, $3,943,000.</p> </content> </appropriations> <page identifier="/us/stat/90/12">90 STAT. 12</page> <appropriations level="small"><heading>national eye institute</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to carry out title IV, part F of the Public <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s289i">42 USC 289i</ref>.</p></sidenote>Health Service Act, with respect to eye diseases and visual disorders, $45,565,000.</p> <p class="firstIndent1 fontsize10">For the “National Eye Institute” for the period July 1, 1976, through September 30, 1976, $9,103,000.</p> </content> </appropriations> <appropriations level="small"><heading>national institute of environmental health sciences</heading> <content> <p class="firstIndent1 fontsize10">To carry out, except as otherwise provided, sections 301 and 311 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s241/243">42 USC 241, 243</ref>.</p></sidenote>of the Public Health Service Act with respect to environmental health sciences, $35,915,000.</p> <p class="firstIndent1 fontsize10">For the “National Institute of Environmental Health Sciences” for the period July 1, 1976, through September 30, 1976, $7,540,000.</p> </content> </appropriations> <appropriations level="small"><heading>research resources</heading> <content> <p class="firstIndent1 fontsize10">To carry out, except as otherwise provided, section 301 of the Public Health Service Act with respect to research resources and general research support grants, $129,931,000: <proviso><i>Provided</i>, That none of these funds shall be used to pay recipients of the general research support grants programs any amount for indirect expenses in connection with such grants.</proviso></p> <p class="firstIndent1 fontsize10">For “Research resources” for the period July 1, 1976, through September 30, 1976, $20,195,000.</p> </content> </appropriations> <appropriations level="small"><heading>john e. fogarty international center for advanced study in the health sciences</heading> <content> <p class="firstIndent1 fontsize10">For the John E. Fogarty International Center for Advanced Study in the Health Sciences, $5,705,000, of which not to exceed $860,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory.</p> <p class="firstIndent1 fontsize10">For “<quotedText>John E. Fogarty International Center for Advanced Study in the Health Sciences</quotedText>” for the period July 1, 1976, through September 30, 1976, $1,135,000.</p> </content> </appropriations> <appropriations level="small"><heading>national library of medicine</heading> <content> <p class="firstIndent1 fontsize10">To carry out, to the extent not otherwise provided for, section 301 with respect to health information communications and parts I and J <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2891/290a">42 USC 289<i>l</i>, 290a</ref>.</p></sidenote>of title III of the Public Health Service Act, $29,065,000.</p> <p class="firstIndent1 fontsize10">For the “National Library of Medicine” for the period July 1, 1976, through September 30, 1976, $6,572,000.</p> </content> </appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content> <p class="firstIndent1 fontsize10">For construction of, and acquisition of sites and equipment for, facilities of or used by the National Institutes of Health, where not otherwise provided, $54,000,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">For “Buildings and facilities” for the period July 1, 1976, through September 30, 1976, $750,000, to remain available until expended.</p> </content> </appropriations> <appropriations level="small"><heading>office of the director</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Office of the Director, National Institutes of Health, $17,896,000.</p> <page identifier="/us/stat/90/13">90 STAT. 13</page> <p class="firstIndent1 fontsize10">Funds advanced to the National Institutes of Health management fund from appropriations in this Act shall be available for the expenses of sharing medical care facilities and resources pursuant to section 328 of the Public Health Service Act and for the purchase of not to exceed <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s254a">42 USC 254a</ref>.</p></sidenote>thirteen passenger motor vehicles for replacement only.</p> <p class="firstIndent1 fontsize10">For “Office of the Director” for the period July 1, 1976, through September 30, 1976, $4,474,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Alcohol, Drug Abuse, and Mental Health Administration</heading> <appropriations level="small"><heading>alcohol, drug abuse, and mental health</heading> <content> <p class="firstIndent1 fontsize10">For carrying out the Public Health Service Act with respect to mental health and, except as otherwise provided, the Community Mental Health Centers Act (42 U.S.C. 2681, et seq.), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended, and the Narcotic Addict Rehabilitation <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3401">42 USC 3401 note</ref>.</p></sidenote>Act of 1966, $579,554,000.</p> <p class="firstIndent1 fontsize10">For “Alcohol, drug abuse, and mental health” for the period July 1, 1976, through September 30, 1976, $84,104,000.</p> </content> </appropriations> <appropriations level="small"><heading>saint elizabeths hospital</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the maintenance and operation of the hospital, including clothing for patients, and cooperation with organizations or individuals in the scientific research into the nature, causes, prevention, and treatment of mental illness, $48,064,000, or such amounts as may be necessary to provide a total appropriation equal to the difference between the amount of the reimbursements received during the current fiscal year on account of patient care provided by the hospital during such year and $75,186,000.</p> <p class="firstIndent1 fontsize10">For expenses necessary for the maintenance and operation of the hospital, including clothing for patients, and cooperation with organizations or individuals in the scientific research into the nature, causes, prevention, and treatment of mental illness, $15,500,000, or such amounts as may be necessary to provide a total appropriation equal to the difference between the amount of the reimbursements received during the period of July 1, 1976, through September 30, 1976, on account of patient care provided by the hospital during that period and $20,500,000.</p> </content> </appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content>For construction, alterations, extension, and equipment of buildings and facilities on the grounds of Saint Elizabeths Hospital, $5,400,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Health Resources Administration</heading> <appropriations level="small"><heading>health resources</heading> <content> <p class="firstIndent1 fontsize10">For carrying out, to the extent not otherwise provided, section 422, titles III, VII, VIII, XV, and XVI of the Public Health Service Act, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s288a/241/292/296/300k–1/300o">42 USC 288a, 241, 292, 296, 300k–1, 300o</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1320a–1">42 USC 1320a–1</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t86/s1390">86 Stat. 1390</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/t31–921">D.C. Code 31–921 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s242c">42 USC 242c</ref>.</p></sidenote>section 1122 of the Social Security Act, section 222 of the Social Security Amendments of 1972, and the District of Columbia Medical and Dental Manpower Act of 1970, as amended, $347,428,000, of which $7,575,000 shall remain available until expended for carrying out section 305(b) (3) of the Public Health Service Act, and $3,000,000 shall be available for loan guarantees and interest subsidies under part B <page identifier="/us/stat/90/14">90 STAT. 14</page><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s292/296">42 USC 292, 296</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300o">42 USC 300o</ref>.</p></sidenote>of title VII and part A of title VIII and shall remain available until expended and not to exceed $100,000,000 for title XVI shall remain available through September 30, 1978: <proviso><i>Provided</i>, That, in addition, $42,000 may be transferred to this appropriation, as authorized by <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>section 201(g) of the Social Security Act from any one or all of the trust funds referred to therein:</proviso> <proviso><i>Provided further</i>, That not to exceed $74,260,000 shall be available and expended for medical facilities construction authorized under title XVI of the Public Health Service Act.</proviso></p> <p class="firstIndent1 fontsize10">For “Health resources” for the period July 1, 1976, through September 30, 1976, $78,255,000: <proviso><i>Provided</i>, That in addition, $11,000 may be transferred to this appropriation, as authorized by section 201(g) of the Social Security Act from any one or all of the trust funds referred to therein.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>medical facilities guarantee and loan fund</heading> <content> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300q–2">42 USC 300q–2</ref>.</p></sidenote>To carry out section 1622 of the Public Health Service Act, $10,000,000 shall be available without fiscal year limitation for the payment of interest subsidies.</p> <p class="firstIndent1 fontsize10">For the “Medical facilities guarantee and loan fund,” for the period July 1, 1976, through September 30, 1976, $7,000,000 to remain available until expended.</p> </content> </appropriations> <appropriations level="small"><heading>payment of sales insufficiencies and interest losses</heading> <content>For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in the Health Professions Education Fund assets or Nurse Training Fund assets, authorized by the Department of Health, Education, and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t81/s390">81 Stat. 390</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717</ref>.</p></sidenote>Welfare Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act, $164,000, and for payment of amounts pursuant to section 744(b) or <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t12/s294d/297f">42 USC 294d, 297f</ref>.</p></sidenote>827(b) of the Public Health Service Act to schools which borrow any sums from the Health Professions Education Fund or Nurse Training Fund, $3,836,000: <proviso><i>Provided</i>, That the amounts appropriated herein shall remain available until expended.</proviso> </content> </appropriations> <appropriations level="small"><heading>health education loans</heading> <content>The Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Health Professions Education Fund and the Nurse Training Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year and for the period July 1, 1976, through September 30, 1976.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Assistant Secretary for Health</heading> <appropriations level="small"><heading>assistant secretary for health</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Office of the Assistant Secretary for Health, $20,842,000. ‘</p> <p class="firstIndent1 fontsize10">For “Assistant Secretary for Health”, for the period July 1, 1976, through September 30, 1976, $5,210,000.</p> </content> </appropriations> <page identifier="/us/stat/90/15">90 STAT. 15</page> <appropriations level="small"><heading>retirement pay and medical benefits for commissioned officers</heading> <content> <p class="firstIndent1 fontsize10">For retired pay of commissioned officers, as authorized by law, and for payments under the Retired Serviceman’s Family Protection Plan; Survivor Benefit Plan and payments for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (10 U.S.C., ch. 55), such amount as may be required during the current <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s1071">10 USC 1071 <i>et seq</i></ref>.</p></sidenote>fiscal year.</p> <p class="firstIndent1 fontsize10">For “Retirement pay and medical benefits for commissioned officers,” such amount as may be required during the period of July 1, 1976, through September 30, 1976.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Social and Rehabilitation Service</heading> <appropriations level="small"><heading>public assistance</heading> <content> <p class="firstIndent1 fontsize10">For carrying out, except as otherwise provided, titles I, IV, VI, X, XI, XIV, XVI, XIX, and XX of the Social Security Act, and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s301/601/801/1201/1301/1351/1381/1396/1397">42 USC 301, 601, 801, 1201, 1301, 1351, 1381, 1396, 1397</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t24/s321">24 USC 321 <i>et seq</i></ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s620">42 USC 620</ref>.</p></sidenote>the Act of July 5, 1960 (24 U.S.C., ch. 9) $15,003,950,000, of which $52,500,000 shall be for child welfare services under part B of title IV.</p> <p class="firstIndent1 fontsize10">For making, after March 31 of the current fiscal year, payments to States under titles I, IV, VI, X, XIV, XVI, XIX, and XX, respectively, of the Social Security Act, for the last three months of the current fiscal year (except with respect to activities included in the appropriation for “Work incentives”); and for making, after April 30 of the current fiscal year, payments for the period July 1, 1976, through September 30, 1976, such sums as may be necessary, the obligations incurred and the expenditures made thereunder for payments under each of such titles to be charged to the subsequent appropriations therefor for the current or succeeding fiscal year or the period July 1, 1976, through September 30, 1976, or fiscal year 1977.</p> <p class="firstIndent1 fontsize10">In the administration of titles I. IV (other than part C thereof), VI, X, XIV, XVI, XIX, and XX, respectively, of the Social Security Act, payments to a State under any such titles for any quarter in the period beginning April 1 of the prior year, and ending June 30 of the current year may be made with respect to a State plan approved under such title prior to or during such period, but no such payment shall be made with respect to any plan for any quarter prior to the quarter in which a plan was submitted which was subsequently approved.</p> <p class="firstIndent1 fontsize10">Such amounts as may be necessary from this appropriation shall be available for grants to States for any period in the prior fiscal year subsequent to March 31 of that year.</p> <p class="firstIndent1 fontsize10">For “Public assistance” for the period July 1, 1976, through September 30, 1976, $3,965,000,000, of which $12,500,000 shall lie for child welfare services under part B of title IV of the Social Security Act.</p> <p class="firstIndent1 fontsize10">For making, after June 30, 1976, payments to States under titles I, IV, VI, X, XIV, XVI, XIX, and XX, respectively, of the Social Security Act, for the first quarter of fiscal year 1977 (except with respect to activities included in the appropriation for “Work incentives”) and for the period July 1, 1976, through September 30, 1976, such sums as may lie necessary, the obligations incurred and the expenditures made thereunder for payments under each of such titles to be charged to the subsequent appropriations therefor for the transitional period or fiscal year 1977.</p> <p class="firstIndent1 fontsize10">In the administration of titles I, IV (other than part C thereof), VI, X, XIV, XVI, XIX, and XX, respectively, of the Social Security <page identifier="/us/stat/90/16">90 STAT. 16</page>Act, payments to a State under any such titles for any quarter in the period beginning April 1 of fiscal year 1976 and ending September 30, 1976, may be made with respect to a State plan approved under such title prior to or during such period, but no such payment shall be made with respect to any plan for any quarter prior to the quarter in which a plan was submitted which was subsequently approved.</p> <p class="firstIndent1 fontsize10">Such amounts as may be necessary from this appropriation shall be available for grants to States for any period in fiscal year 1976 subsequent to March 31 of that year</p> </content> </appropriations> <appropriations level="small"><heading>work incentives</heading> <content> <p class="firstIndent1 fontsize10">For carrying out a work incentive program, as authorized by part C <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s630">42 USC 630</ref>.</p></sidenote>of title IV of the Social Security Act, including registration of individuals for such program, and for related child care and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s602">42 USC 602</ref>.</p></sidenote>supportive services, as authorized by section 402(a)(19)(G) of the Act, including transfer to the Secretary of Labor, as authorized by section <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s631">42 USC 631</ref>.</p></sidenote>431 of the Act, $330,000,000, winch shall be the maximum amount available for transfer to the Secretary of Labor and to which the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s603">42 USC 603</ref>.</p></sidenote>States may become entitled, pursuant to section 403(d) of such Act, for these purposes.</p> <p class="firstIndent1 fontsize10">For “Work incentives” for the period July 1, 1976, through September 30, 1976, $80,000,000, which snail lie the maximum amount available for transfer to the Secretary of Labor and to which the States may become entitled.</p> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided, necessary for the Social and Rehabilitation Service, $60,378,000.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $15,219,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Social Security Administration</heading> <appropriations level="small"><heading>payments to social security trust and other funds</heading> <content> <p class="firstIndent1 fontsize10">For payment to the Federal Old-Age and Survivors Insurance, the Federal Disability Insurance, the Federal Hospital Insurance, and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g), 228(g), 229(b), and 1844 of the Social <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s417/428/429/1395w">42 USC 417, 428, 429, 1395w</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s426a/1395i–1">42 USC 426a, 1395i–1</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote>Security Act, and sections 103(c) and 111(d) of the Social Security Amendments of 1965, $4,112,747,000 and to the Federal Buildings Fund an additional amount not to exceed $10,616,000 for payment of the Standard Level User Charge pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949.</p> <p class="firstIndent1 fontsize10">For “Payments to the Social Security Trust and Other Funds” for the period July 1, 1976, through September 30, 1976, $880,940,000, including $2,940,000 for the Federal Buildings Fund for payment of the Standard Level User Charge.</p> </content> </appropriations> <appropriations level="small"><heading>special benefits for disabled coal miners</heading> <content> <p class="firstIndent1 fontsize10">For carrying out title IV of the Federal Coal Mine Health and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t30/s901">30 USC 901</ref>.</p></sidenote>Safety Act of 1969, including the payment of travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examination, and to parties, their representatives and all reasonably necessary witnesses tor travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and <page identifier="/us/stat/90/17">90 STAT. 17</page>to proceedings before administrative law judges, $999,778,000: <proviso><i>Provided</i>, That such amounts as may be agreed upon by the Department of Health, Education, and Welfare and the Postal Service shall be used for payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter by States in connection with the administration of said Act.</proviso></p> <p class="firstIndent1 fontsize10">Benefit payments after April 30: For making, after April 30 of the current fiscal year, payments to entitled beneficiaries under title IV of the Federal Coal Mine, Health and Safety Act of 1969, for the last <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t30/s901">30 USC 901</ref>.</p></sidenote>two months of the current fiscal year, such sums as may be necessary, the obligations and expenditures therefor to be charged to the appropriation for the succeeding fiscal year.</p> <p class="firstIndent1 fontsize10">Whenever the Commissioner of Social Security finds it will promote <sidenote><p class="indent0 firstIndent0 fontsize8">Hearings.</p></sidenote>the achievement of the provisions of title IV of the Federal Coal Mine Health and Safety Act of 1969, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for administrative law judges appointed under 5 U.S.C. 3105 but such appointments shall terminate not later than December 31, 1976: <proviso><i>Provided</i>, That no person shall hold a hearing in any case with which he has been concerned previously in the administration of such title.</proviso></p> <p class="firstIndent1 fontsize10">For “Special benefits for disabled coal miners” for the period July 1, 1976, through September 30, 1976, $234,600,000, including the payment of travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges.</p> </content> </appropriations> <appropriations level="small"><heading>supplemental security income program</heading> <content> <p class="firstIndent1 fontsize10">For carrying out the Supplemental Security Income program under title XVI of the Social Security Act, section 401 of Public Law 92–603, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1381">42 USC 1381</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1382e">42 USC 1382e note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t87/s155/957">87 Stat. 155, 957</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>and section 212 of Public Law 93–66, including payment to the social security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $5,518,523,000: <proviso><i>Provided</i>, That for carrying out these activities for the last two months of the current fiscal year, such sums as may be necessary shall be available, the obligations and expenditures therefor to be charged to the appropriation for the succeeding fiscal period or fiscal year 1977.</proviso></p> <p class="firstIndent1 fontsize10">For “Supplemental security income program” for the period July 1, 1976, through September 30, 1976, $1,503,541,000: <proviso><i>Provided</i>, That for the last two months of the fiscal period, such sums as may be necessary shall be available, the obligations and expenditures therefor to be charged to the appropriation for the succeeding fiscal year.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>limitation on salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses, not more than $2,373,133,612 may be expended as authorized by section 201(g) (1) of the Social Security Act, from any one or ail of the trust funds referred to therein: <proviso><i>Provided</i>, That such amounts as are required shall be available to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s421">42 USC 421 note</ref>.</p></sidenote>pay travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands to <page identifier="/us/stat/90/18">90 STAT. 18</page>reconsideration interviews and to proceedings before administrative law judges under titles II, XVT, and XVIII of the Social Security <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401/1381/1395">42 USC 401, 1381, 1395</ref>.</p></sidenote>Act:</proviso> <proviso><i>Provided further</i>, That $25,000,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s421">42 USC 421</ref>.</p></sidenote>and XVIII and section 221 of title II of the Social Security Act, and after maximum absorption of such costs within the remainder of the existing limitation has been achieved:</proviso> <proviso><i>Provided further</i>, That such amounts as may be agreed upon by the Department of Health, Education, and Welfare and the United States Postal Service shall be used for payment, in such manner as said organizations may jointly determine, of postage for the transmission of official mail matter in connection with the administration of the social security program by States participating in the program:</proviso> <proviso><i>Provided further</i>, That such amounts as may be required may be expended for administration within the United States of the social insurance program of the United Kingdom, under terms of an agreement wherein similar services will be provided by the United Kingdom in that country for administration of the social insurance program of the United States:</proviso> <proviso><i>Provided further</i>, That all of the permanent positions authorized for this appropriation shall be full-time permanent positions without limitation as to the duration of the positions.</proviso></p> <p class="firstIndent1 fontsize10">For “Limitation on salaries and expenses” for the period July 1, 1976, through September 30, 1976, $629,900,403 may be expended as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s421">42 USC 421 note</ref>.</p></sidenote>authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: <proviso><i>Provided</i>, That such amounts as are required shall be available to pay travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands to reconsideration interviews and to proceedings before administrative law judges under titles II, XVI, and XVIII of the Social Security Act:</proviso> <proviso><i>Provided further</i>, That $25,000,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of title II of the Social Security Act, and after maximum absorption of such costs within the remainder of the existing limitation has been achieved:</proviso> <proviso><i>Provided further</i>, That such amounts as may be agreed upon by the Department of Health, Education, and Welfare and the United States Postal Service shall be used for payment, in such manner as said organizations may jointly determine, of postage for the transmission of official mail matter in connection with the administration of the social security program by States participating in the program:</proviso> <proviso><i>Provided further</i>, That such amounts as may be required may be expended for administration within the United States of the social insurance program of the United Kingdom, under terms of an agreement wherein similar services will be provided by the United Kingdom in that country for administration of the social insurance program of the United States:</proviso> <proviso><i>Provided further</i>, That all of the permanent <page identifier="/us/stat/90/19">90 STAT. 19</page>positions authorized for this appropriation shall be full-time permanent positions without limitation as to the duration of the positions.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>limitation on construction</heading> <content> <p class="firstIndent1 fontsize10">For acquisition of sites, construction and equipment of facilities and for payments of principal, interest, taxes, and any other obligations under contracts entered into pursuant to the Public Buildings Purchase Contract Act of 1954 and the Public Buildings Amendments of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s356">40 USC 356 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>1972, $6,300,000, to be expended as authorized by section 201(g) (1) of the Social Security Act, from any one or all of the trust funds referred to therein, and to remain available until expended.</p> <p class="firstIndent1 fontsize10">For “Limitation on construction” for the period July 1, 1976, through September 30, 1976, $3,633,000, to be expended as authorized by section 201(g) (1) of the Social Security Act, from any one or all of the trust funds referred to therein, and to remain available until expended.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Assistant Secretary for Human Development</heading> <appropriations level="small"><heading>human development</heading> <content> <p class="firstIndent1 fontsize10">For carrying out, except as otherwise provided, section 426 of the Social Security Act, the Act of April 9, 1912 (42 U.S.C. 191), title VII <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s626">42 USC 626</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3011">42 USC 3011</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s5101">42 USC 5101 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s5601">42 USC 5601 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2701">42 USC 2701 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s816/817/875">29 USC 816, 817, 875</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2101">22 USC 2101 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s242a">42 USC 242a</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s730">29 USC 730</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s771/774">29 USC 771, 774</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2682">42 USC 2682</ref>.</p></sidenote>of the Older Americans Act of 1965, the Child Abuse Prevention and Treatment Act, the Juvenile Justice and Delinquency Prevention Act of 1974, the Community Services Act of 1974, sections 106, 107, and 306 of the Comprehensive Employment and Training Act of 1973, the Rehabilitation Act of 1973, the International Health Research Act of 1960, and section 303(a)(2) of the Public Health Service Act, $1,516,858,318, of which $720,000,000 shall be for activities under section 110(a) of the Rehabilitation Act of 1973, $309,318 shall be for section 110(b) of such Act, and for carrying out sections 301 and 304(b) (3) of such Act, $1,500,000, to remain available until expended: <proviso><i>Provided</i>, That there may be transferred to this appropriation from the appropriation under the heading “Alcohol, drug abuse, and mental health” an amount not to exceed the sum of the allotment adjustment made by the Secretary pursuant to section 202(c) of the Community Mental Health Centers Act; together with not to exceed $600,000 to be transferred from the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund as provided by section 201(g)(1) of the Social Security Act:</proviso> <proviso><i>Provided further</i>, That the level of operations for the nutrition services for the elderly program shall be $187,500,000 per annum.</proviso></p> <p class="firstIndent1 fontsize10">For “Human development” for the period July 1, 1976, through September 30, 1976. $371,505,000, of which $180,000,000 shall be for activities under section 110 of the Rehabilitation Act of 1973: <proviso><i>Provided</i>, That there be transferred to this appropriation from the appropriation under the heading “Alcohol, drug abuse, and mental health” an amount not to exceed the sum of the allotment adjustment made by the Secretary pursuant to section 202(c) of the Community Mental Health Centers Act: together with not to exceed 8150,000 to be transferred from the Federal Disability Insurance Trust Fund and the, Federal Old-Age and Survivors Insurance Trust Fund, as provided in section 201(g) (1) of the Social Security Act.</proviso></p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/20">90 STAT. 20</page> <appropriations level="intermediate"><heading>Departmental Management</heading> <appropriations level="small"><heading>office for civil rights</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Office for Civil Rights $24,686,000, together with not to exceed $1,351,000, to be transferred and expended <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.</p> <p class="firstIndent1 fontsize10">For “Office for Civil Rights” for the period July 1, 1976, through September 30, 1976, $6,379,000: <proviso><i>Provided</i>, That in addition, not to exceed $352,000 may be transferred and expended as authorized by section 201(g) (1) of the Social Security Act, from any one or all of the trust funds referred to therein.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>general departmental management</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided, necessary for departmental management, including hire of six medium sedans, $85,519,000 together with not to exceed $12,751,000 to be transferred and expended as authorized by section 201 (g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.</p> <p class="firstIndent1 fontsize10">For “General departmental management” for the period July 1, 1976, through September 30, 1976, $22,160,000, including hire of six medium sedans: <proviso><i>Provided</i>, That in addition not to exceed $3,284,000 may be transferred and expended as authorized by section 201(g) (1) of the Social Security Act, from any one or all of the trust funds referred to therein.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>policy research</heading> <content> <p class="firstIndent1 fontsize10">For carrying out, to the extent not otherwise provided, research <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2825">42 USC 2825</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1310">42 USC 1310</ref>.</p></sidenote>studies under section 232 of the Community Services Act of 1974 and section 1110 of the Social Security Act, $24,950,000.</p> <p class="firstIndent1 fontsize10">For “Policy research” for the period July 1, 1976, through September 30, 1976. $6,575,000.</p> </content> </appropriations> </appropriations> <level> <heading class="centered smallCaps">General Provisions</heading> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><content>None of the funds appropriated by this title to the Social and Rehabilitation Service for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any States which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees.</content></section> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3508">42 USC 3508</ref>.</p></sidenote><content class="inline">The Secretary is authorized to make such transfers of motor vehicles, between bureaus and officers, without transfer of funds, as may be required in carrying out the operations of the. Department.</content></section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><content>None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project.</content></section> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><content>None of the funds contained in this Act shall be used for any activity the purpose of which is to require any recipient of any project grant for research, training, or demonstration made by any officer or employee of the Department of Health, Education, and Wel-<page identifier="/us/stat/90/21">90 STAT. 21</page>fare to pay to the United States any portion of any interest or other income earned on payments of such grant made before July 1, 1964; nor shall any of the funds contained in this Act be used for any activity the purpose of which is to require payment to the United States of any portion of any interest or other income earned on payments made before July 1, 1964, to the American Printing House for the Blind.</content></section> <section class="firstIndent1 fontsize10"><num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><content>None of the funds contained in this title shall be available for additional permanent positions in the Washington area if the total authorized positions in the Washington area is allowed to exceed the proportion existing at the close of fiscal year 1966.</content></section> <section class="firstIndent1 fontsize10"><num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><content>Appropriations in this Act for the Health Services Administration, the National Institutes of Health, the Center for Disease Control, the Alcohol, Drug Abuse, and Mental Health Administration, the Health Resources Administration and the Office of the Secretary shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed two thousand eight hundred commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents hi foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; rental or lease of living quarters (for periods not exceeding 5 years), and provision of heat, fuel, and light, and maintenance, improvement, and repair of such quarters, and advance payments therefor, for civilian officers, and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures: and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public Health Service Act, at rates established <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s208">42 USC 208</ref>.</p></sidenote>by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the rate for GS–18; not to exceed $9,500 in the current fiscal year <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>and $2,375 in the period July 1, 1976, through September 30, 1976, for official reception and representation expenses related to any health agency of the Department when specifically approved by the Assistant Secretary for Health.</content></section> <section class="firstIndent1 fontsize10"><num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><content>No part of the binds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title TV of the Civil Rights Act of 1964. Public Law 88–352, to take any action to force the busing of students; to force on <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2000c">42 USC 2000c</ref>.</p></sidenote>account of race, creed, or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent.</content></section> <page identifier="/us/stat/90/22">90 STAT. 22</page> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"><num value="a">(a) </num> <content>No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2000c">42 USC 2000c</ref>.</p></sidenote>Law 88–352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district, or school.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content>None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student’s home, and which offers the courses of study pursued by such student, in order to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote>comply with title VI of the Civil Rights Act of 1964.</content> </section> </level> <num class="centered" value="III">TITLE III—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Action</heading> <appropriations level="small"><heading>operating expenses, domestic programs</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for Action to carry out the provisions of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4951">42 USC 4951 note</ref>.</p></sidenote>the Domestic Volunteer Service Act of 1973 (Public Law 93–113), $103,266,000.</p> <p class="firstIndent1 fontsize10">For expenses necessary for Action to carry out the Domestic Volunteer Service Act of 1973 (Public Law 93–113) for the period July 1, 1976, through September 30, 1976, $21,083,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Community Services Administration</heading> <appropriations level="small"><heading>community services program</heading> <content> <p class="firstIndent1 fontsize10">For expenses of the Community Services Administration, $494,652,000: <proviso><i>Provided</i>, That the appropriation for “Community service program” contained in title I, chapter VI of Public Law 94–32 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t89/s178">89 Stat. 178</ref>.</p></sidenote>(Second Supplemental Appropriations Act, 1975) is amended by striking out “<quotedText>September 30, 1975</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1976</quotedText>”.</proviso></p> <p class="firstIndent1 fontsize10">For “Community services program” for the period July 1, 1976, through September 30, 1976, $129,746,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Mediation and Conciliation Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. 17–180, 182), including expenses of the Labor-Management Panel and boards of inquiry appointed by the President; hire of passenger motor vehicles; and rental of conference rooms in the District of Columbia; and expenses necessary <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t88/s395">88 Stat. 395</ref>.</p></sidenote>pursuant to Public Law 93–360 for mandatory mediation in health <page identifier="/us/stat/90/23">90 STAT. 23</page>care industry negotiation disputes, and for convening factfinding boards of inquiry appointed by the Director in the health care industry. $17,904,000.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $4,476,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Commission on Libraries and Information Science</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses of the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91–345), $468,000.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1501">20 USC 1501 note</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976. $117,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Labor Relations Board</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141–167), and other laws, $67,766,000: <proviso><i>Provided</i>, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, non profit basis and at feast 95 per centum of the water stored or supplied thereby is used for farming purposes.</proviso></p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976. $16,941,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Mediation Board</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for carrying out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $3,405,000.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976. $850,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Occupational Safety and Health Review Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Occupational Safety and Health Review Commission, $5,638,000.</p> <p class="firstIndent1 fontsize10">For “<quotedText>Salaries and expenses</quotedText>” for the period July 1, 1976, through September 30, 1976. $1,418,000.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/24">90 STAT. 24</page> <appropriations level="intermediate"><heading>Railroad Retirement Board</heading> <appropriations level="small"><heading>payments to railroad retirement trust funds</heading> <content>For payment to the Railroad Retirement Account, as provided under <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231n">45 USC 231n</ref>.</p></sidenote>sections 15(b) and 15(d) of the Railroad Retirement Act of 1974, $250,000,000.</content> </appropriations> <appropriations level="small"><heading>regional rail transportation protective account</heading> <content> <p class="firstIndent1 fontsize10">For payment of benefits under section 509 of the Regional Rail <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s779">45 USC 779</ref>.</p></sidenote>Reorganization Act of 1973, including not to exceed $100,000 for payment to the Railroad Retirement Board for administrative expenses, $37,600,000.</p> <p class="firstIndent1 fontsize10">For “Regional rail transportation protective account” for the period July 1, 1976, through September 30, 1976, including not to exceed $30,000 for payment to the Railroad Retirement Board for administrative expenses, $10,030,000.</p> </content> </appropriations> <appropriations level="small"><heading>limitation on salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Railroad Retirement Board, $28,703,000, to be derived from the railroad retirement accounts: <proviso><i>Provided</i>, That $500,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the foregoing limitation has been achieved.</proviso></p> <p class="firstIndent1 fontsize10">For “Limitation on salaries and expenses” for the period July 1, 1976, through September 30, 1976, $7,175,000 to be derived from the railroad retirement accounts.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Soldiers’ and Airmen’s Home</heading> <appropriations level="small"><heading>operation and maintenance</heading> <content> <p class="firstIndent1 fontsize10">For maintenance and operation of the United States Soldiers’ and Airmen’s Home, to be paid from the Soldiers’ and Airmen’s Home permanent fund. $15.665,(XX): <proviso><i>Provided</i>, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army.</proviso></p> <p class="firstIndent1 fontsize10">For “Operation and maintenance” for the period July 1, 1976, through September 30, 1976, $3,905,000.</p> </content> </appropriations> </appropriations> <num class="centered" value="IV">TITLE IV—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Experts and consultants.</p></sidenote> <content class="inline">Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p><p class="indent0 firstIndent0 fontsize8">Uniform allowances.</p></sidenote>equivalent to the rate for GS–18.</content></section> <section class="firstIndent1 fontsize10"><num value="402"><inline class="smallCaps">Sec</inline>. 402. </num><content>Appropriations contained in this Act available for salaries and expenses shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content></section> <section class="firstIndent1 fontsize10"><num value="403"><inline class="smallCaps">Sec</inline>. 403. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Meetings.</p></sidenote> <content class="inline">Appropriations contained in this Act available for salaries and expenses shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.</content></section> <page identifier="/us/stat/90/25">90 STAT. 25</page> <section class="firstIndent1 fontsize10"><num value="404"><inline class="smallCaps">Sec</inline>. 404. </num><content>No part of any appropriation contained in this Act shall be used to finance any Civil Service Interagency Board of Examiners.</content></section> <section class="firstIndent1 fontsize10"><num value="405"><inline class="smallCaps">Sec</inline>. 405. </num><content>No part of the funds appropriated under this Act shall be <sidenote><p class="indent0 firstIndent0 fontsize8">Funds to campus disrupters, prohibition.</p></sidenote>used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution.</content></section> <section class="firstIndent1 fontsize10"><num value="406"><inline class="smallCaps">Sec</inline>. 406. </num><content>The Secretary of Labor and the Secretary of Health, Education, <sidenote><p class="indent0 firstIndent0 fontsize8">Transferof funds.</p></sidenote>and Welfare are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: <proviso><i>Provided</i>, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated.</proviso></content></section> <section class="firstIndent1 fontsize10"><num value="407"><inline class="smallCaps">Sec</inline>. 407. </num><content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Fiscal year limitation.</p></sidenote>remain available for obligation beyond the current fiscal year unless expressly so provided herein, except as provided in section 204 of Public Law 93–554.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t88/s1784">88 Stat. 1784</ref>.</p><p class="indent0 firstIndent0 fontsize8">Funds restriction.</p></sidenote></content></section> <section class="firstIndent1 fontsize10"><num value="408"><inline class="smallCaps">Sec</inline>. 408. </num><content>No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.</content></section> <section class="firstIndent1 fontsize10"><num value="409"><inline class="smallCaps">Sec</inline>. 409. </num><content>No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 percent of the standard level user charge established pursuant to section 210 (j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s492">40 USC 492</ref>.</p></sidenote>services.</content></section> <section class="firstIndent1 fontsize10"><num value="410"><inline class="smallCaps">Sec</inline>. 410. </num><content>The Secretary of Labor and the Secretary of Health, Education, and Welfare are each authorized to make available not to exceed $7,500 in the current fiscal year and $1,875 in the period July 1, 1976, through September 30, 1976, from funds available for salaries and expenses under titles I and II, respectively, for official reception <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, pp. 3, 9.</p></sidenote>and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 in the currant fiscal year and $625 in the period July 1, 1976, through September 30, 1976, from funds available for “Salaries and expenses, Federal Mediation and Conciliation Service”.</content></section> <section class="firstIndent1 fontsize10"><num value="411"><inline class="smallCaps">Sec</inline>. 411. </num><content class="inline"><p class="inline">None of the funds appropriated by this Act shall be used to pay for any research program or project or any program, project, or course which is of an experimental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or his parents or legal guardian, if such participant or subject is under eighteen years of age. The Secretary <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>shall adopt appropriate regulations respecting this section.</p> <page identifier="/us/stat/90/26">90 STAT. 26</page> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Short title.</p></sidenote>This Act may be cited as the “<shortTitle role="act">Departments of Labor and Health, Education, and Welfare Appropriation Act, 1976</shortTitle>”.</p> </content></section> Carl Albert Speaker of the House of Representatives. James O. Eastland President of the Senate pro tempore.

IN THE HOUSE OF REPRESENTATIVES, U.S.,

January 27, 1976.

The House of Representatives having proceeded to reconsider the bill (H.R. 8069) entitled “An Act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes”, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was

Resolved,
That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.

Attest:

Edmund L. Henshaw, Jr. Clerk.

I certify that this Act originated in the House of Representatives.

Edmund L. Henshaw, Jr. Clerk.

IN THE SENATE OF THE UNITED STATES,

January 28, 1976.

The Senate having proceeded to reconsider the bill (H.R. 8069) entitled “An Act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes”, returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was

90 STAT. 27 Resolved,
That the said bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest:

Francis R. Valeo Secretary.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–311 (Comm. on Appropriations) and No. 94–689 (Comm. of Conference). SENATE REPORT No. 94–366 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 121 (1975):

June 25, considered and passed House.

Sept. 17, 18, 19, 22–26, considered and passed Senate, amended.

Dec. 4, House agreed to conference report.

Dec. 8, Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 11, No. 51:

Dec. 19, Presidential veto message.

 CONGRESSIONAL RECORD, Vol. 122 (1976):

Jan. 27, House overrode veto.

Jan. 28, Senate overrode veto.

 Public Law 94–207: To provide for starling and blackbird control in Kentucky and Tennessee. Public Law 207 Public Law 94–207 90 Stat. 28 1976-02-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 28 Public Law 94–207 94th Congress
An Act To provide for starling and blackbird control in Kentucky and Tennessee.

Feb. 4, 1976

[H.R. 11510]

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

Starling and blackbird control, Ky.-Tenn.
That Congress finds that in Kentucky and Tennessee large concentrations of starlings, grackles, blackbirds, and other birds found in “blackbird roosts” pose a hazard to human health and safety, livestock and agriculture, that the roosts are reestablished each winter, that dispersal techniques have been unsuccessful, that control is most effective when birds are concentrated in winter roosts, and that an emergency does exist which requires immediate action with insufficient time to comply with the National Environmental Policy Act.
Sec. 2. (a) Upon certification by the Governor of Kentucky and/or Tennessee to the Secretary of the Ulterior that “blackbird roosts” are a significant hazard to human health, safety or property in his state, the Secretary of the Interior shall provide for roosts determined through normal survey practices of the Department of the Interior to contain in excess of 500,000 birds to be treated with chemicals registered for bird control purposes, unless the Secretary determines that treatment of a particular roost would pose a hazard to human health, safety or property. (b) The provisions of the National Environmental Policy Act of

42 USC 4321 note.

7 USC 136 note.

1969 (83 Stat. 852), the Federal Environmental Pesticide Control Act (86 Stat. 975), or any other provision of law shall not apply to any such blackbird control activities undertaken, on or before April 15, 1976, by the States of Kentucky or Tennessee or the Federal Government within the States of Kentucky or Tennessee.
Approved February 4, 1976.
LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976):

Jan. 27, considered and passed House and Senate, in lieu of S. 2873.

 Public Law 94–208: To provide for the presentation by the United States to Israel of a statue of Abraham Lincoln to be donated by Leon and Ruth Gildesgatne, of Mount Klseo. New York. Public Law 208 Public Law 94–208 90 Stat. 29 1976-02-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 29 Public Law 94–208 94th Congress
Joint Resolution To provide for the presentation by the United States to Israel of a statue of Abraham Lincoln to be donated by Leon and Ruth Gildesgatne, of Mount Klseo. New York.

Feb. 4, 1976

[H.J. Res. 406]

 Whereas President Abraham Lincoln symbolizes for millions of Americans the cherished dreams of freedom, human dignity, and hope for mankind: Whereas the people of the State of Israel share with the American people those dreams which Abraham Lincoln symbolizes; and Whereas Leon and Ruth Gildesgame, of Mount Kisco, New York, are the owners of an award-winning statue of Abraham Lincoln which they have expressed an interest in donating to the United States in order that it may be given as a gift from the people of the United States to the people of Israel: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President (1) shall

Abraham Lincoln, statute.

Presentation to Israel.

accept, on liehalf of the United States, a statue of Abraham Lincoln from Leon and Ruth Gildesgame, of Mount Kisco, New York, and (2) shall present such statue to the people of Israel on behalf of the people of the United States.
Approved February 4, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–717 (Comm. on International Relations). SENATE REPORT No. 94–588 (Comm. on Foreign Relations). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 17, considered and passed House.

Vol. 122 (1976): Jan. 19, considered and passed Senate.

 Public Law 94–209: To amend the National Portrait Gallery Act to redefine “portraiture”. Public Law 209 Public Law 94–209 90 Stat. 30 1976-02-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 30 Public Law 94–209 94th Congress
An Act To amend the National Portrait Gallery Act to redefine “portraiture”.

Feb. 5, 1976

[S. 1657]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2(e)

20 USC 75a.

“Portraiture.”

of the National Portrait Gallery Act (Public Law 87–443) is amended as follows: “The term ‘portraiture’ includes portraits and reproductions thereof made by any means or process, whether invented or developed heretofore or hereafter.”.
Approved February 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–715 (Comm. on House Administration). SENATE REPORT No. 94–299 (Comm. on Rules and Administration). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 25, considered and passed Senate.

Vol. 122 (1976): Jan. 19, considered and passed House, in lieu of H.R. 8069.

 Public Law 94–210: To improve the quality of rail services in the United States through regulatory reform, coordination of rail services and facilities, and rehabilitation and improvement financing, and for other purposes. Public Law 210 Public Law 94–210 90 Stat. 31 1976-02-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 31 Public Law 94–210 94th Congress
An Act To improve the quality of rail services in the United States through regulatory reform, coordination of rail services and facilities, and rehabilitation and improvement financing, and for other purposes.

Feb. 5, 1976

[S. 2718]

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

Railroad Revitalization and Regulatory Reform Act of 1976.

45 USC 801 note.

divided into titles and sections according to the following table of contents, may be cited as the “Railroad Revitalization and Regulatory Reform Act of 1976”: Table of Contents TITLE I— Sec. 101. Sec. 102. TITLE II— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. Sec. 212. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308. Sec. 309. Sec. 310. Sec. 311. Sec. 312. TITLE IV— Sec. 401. Sec. 402. Sec. 403. TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. 90 STAT. 32 Table or Contents—Continued TITLE V— Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec. 510. Sec. 511. Sec. 512. Sec. 513. Sec. 514. Sec. 515. Sec. 516. Sec. 517. TITLE VI— Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607. Sec. 608. Sec. 609. Sec. 610. Sec. 611. Sec. 612. Sec. 613. Sec. 614. Sec. 615. Sec. 616. Sec. 617. Sec. 618. Sec. 619. TITLE VII— Sec. 701. Sec. 702. Sec. 703. Sec. 704. Sec. 705. Sec. 706. TITLE VIII— Sec. 801. Sec. 802. Sec. 803. Sec. 804. Sec. 805. Sec. 806. Sec. 807. Sec. 808. Sec. 809. Sec. 810. TITLE IX— Sec. 901. Sec. 902. Sec. 903. Sec. 904. Sec. 905. Sec. 906.
90 STAT. 33 <num class="centered" value="I">TITLE I—</num><heading class="inline">GENERAL PROVISIONS</heading> <section> <heading class="centered smallCaps">declaration of policy</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Purpose</inline>.—</heading><chapeau>It is the purpose of the Congress in this Act <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s801">45 USC 801</ref>.</p></sidenote>to provide the means to rehabilitate and maintain the physical facilities, improve the operations and structure, and restore the financial stability of the railway system of the United States, and to promote the revitalization of such railway system, so that this mode of transportation will remain viable in the private sector of the economy and will be able to provide energy-efficient, ecologically compatible transportation services with greater efficiency, effectiveness, and economy, through—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>ratemaking and regulatory reform;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the encouragement of efforts to restructure the system on a more economically justified basis, including planning authority in the Secretary of Transportation, an expedited procedure for determining whether merger and consolidation applications are in the public interest, and continuing reorganization authority;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>financing mechanisms that will assure adequate rehabilitation and improvement of facilities and equipment, implementation of the final system plan, and implementation of the Northeast Corridor project;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>transitional continuation of service on light-density rail lines that are necessary to continued employment and community well-being throughout the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>auditing, accounting, reporting, and other requirements to protect Federal funds and to assure repayment of loans and financial responsibility; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>necessary studies.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Policy</inline>.—</heading><chapeau>It is declared to be the policy of the Congress in this Act to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>balance the needs of carriers, shippers, and the public;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>foster competition among all carriers by railroad and other modes of transportation, to promote more adequate and efficient transportation services, and to increase the attractiveness of investing in railroads and rail-service-related enterprises;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>permit railroads greater freedom to raise or lower rates for rail services in competitive markets;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>promote the establishment of railroad rate structures which are more sensitive to changes in the level of seasonal, regional, and shipper demand;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>promote separate pricing of distinct rail and rail-related services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>formulate standards and guidelines for determining adequate revenue levels for railroads; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>modernize and clarify the functions of railroad rate bureaus.</content> </paragraph> </subsection> </section> <section> <heading class="centered smallCaps">definitions</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><chapeau>As used in this Act, unless the context otherwise indicates, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s802">45 USC 802</ref>.</p></sidenote>the term—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“Association” means the United States Railway Association;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“Commission” means the Interstate Commerce Commission;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“Corporation” means the Consolidated Rail Corporation;</content> </paragraph> <page identifier="/us/stat/90/34">90 STAT. 34</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“final system plan” means the final system plan and any additions thereto adopted by the Association pursuant to the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>“includes” and variants thereof should be read as if the phrase “<quotedText>but is not limited to</quotedText>” were also set forth;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>“Office” means the Rail Services Planning Office of the Commission;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>“railroad” means a common carrier by railroad or express, as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3)), and includes the National Railroad Passenger Corporation and the Alaska Railroad; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>“Secretary” means the Secretary of Transportation or his designated representative.</content> </paragraph> </section> <num class="centered" value="II">TITLE II—</num><heading class="inline">RAILROAD RATES</heading> <section> <heading class="centered smallCaps">expeditious divisions of revenues</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>Section 15(6) of the Interstate Commerce Act (49 U.S.C. 15(6)) is amended by (1) inserting “<quotedText>(a)</quotedText>” immediately after “<quotedText>(6)</quotedText>”, and (2) adding at the end thereof the following three new subdivisions: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Notwithstanding any other provision of law, the Commission shall, within 180 days after the date of enactment of this subdivision, establish, by rule, standards and procedures for the conduct of proceedings for the adjustment of divisions of joint rates or fares (whether prescribed by the Commission or otherwise) in accordance with the provisions of this paragraph. The Commission shall issue a final order in all such proceedings within 270 days after the submission to the <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>Commission of a case. If the Commission is unable to issue such a final order within such time, it shall issue a report to the Congress setting forth the reasons for such inability.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>All evidentiary proceedings conducted pursuant to this paragraph shall be completed, in a case brought upon a complaint, within 1 year following the filing of the complaint, or, in a case brought upon the Commission’s initiative, within 2 years following the commencement of such proceeding, unless the Commission finds that such a proceeding must be extended to permit a fair and expeditious <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>completion of the proceeding. If the Commission is unable to meet any such time requirement, it shall issue a report to the Congress setting forth the reasons for such inability.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Whenever a proceeding for the adjustment of divisions of joint rates or fares (whether prescribed by the Commission or otherwise established) is commenced by the filing of a complaint with the Commission, the complaining carrier or carriers shall (i) attach thereto all of the evidence in support of their position, and (ii) during the course of such proceeding, file only rebuttal or reply evidence unless otherwise directed by order of the Commission. Upon receipt of a notice of intent to file a complaint pursuant to this paragraph, the Commission shall accord, to the party filing such notice, the same right to discovery that would be accorded to a party filing a complaint pursuant to this paragraph.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">railroad ratemaking</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 1(5) of the Interstate Commerce Act (49 U.S.C. 1(5)) is amended by inserting “<quotedText>(a)</quotedText>” immediately after “<quotedText>(5)</quotedText>” and by adding at the end thereof the following new sentence: “<quotedText>The <page identifier="/us/stat/90/35">90 STAT. 35</page>provisions of this subdivision shall not apply to common carriers by railroad subject to this part.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 1(5) of the Interstate Commerce Act (49 U.S.C. 1(5)), as amended by subsection (a) of this section, is further amended by adding at the end thereof the following new subdivisions: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Each rate for any service rendered or to be rendered in the transportation of persons or property by any common carrier by railroad subject to this part shall be just and reasonable. A rate that is unjust or unreasonable is prohibited and unlawful. No rate which contributes or which would contribute to the going concern value of such a carrier shall be found to be unjust or unreasonable, or not shown to be just and reasonable, on the ground that such rate is below a just or reasonable minimum for the service rendered or to be rendered. A rate which equals or exceeds the variable costs (as determined through formulas prescribed by the Commission) of providing a service s’ all be presumed, unless such presumption is rebutted by clear and convincing evidence, to contribute to the going concern value of the carrier or carriers proposing such rate (hereafter in this paragraph referred to as the ‘proponent carrier’). In determining variable costs, the Commission shall, at the request of the carrier proposing the rate, determine only those costs of the carrier proposing the rate and only those costs of the specific service in question, except where such specific data and cost information is not available. The Commission shall not include in variable cost any expenses which do not vary directlv with the level of service provided under the rate in question. Notwithstanding any other provision of this part, no rate shall be found to be unjust or unreasonable, or not shown to be just and reasonable, on the ground that such rate exceeds a just or reasonable maximum for the service rendered or to be rendered, unless the Commission has first found that the proponent carrier has market dominance over such service. A finding that a carrier has market dominance over a service shall not create a presumption that the rate or rates for such service exceed a just and reasonable maximum. Nothing in this paragraph shall prohibit a rate increase from a level which reduces the going concern value of the proponent carrier to a level which contributes to such going concern value and is otherwise just and reasonable. For the purposes of the preceding sentence, a rate increase which does not raise a rate above the incremental costs (as determined through formulas prescribed by the Commission) of rendering the service to which such rate applies shall be presumed to be just and reasonable.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <chapeau>As used in this part, the terms—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>‘market dominance’ refers to an absence of effective competition <sidenote><p class="indent0 firstIndent0 fontsize8">“Market dominance.”</p></sidenote>from other carriers or modes of transportation, for the traffic or movement to which a rate applies; and</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>‘rate’ means any rate or charge for the transportation of <sidenote><p class="indent0 firstIndent0 fontsize8">“Rate.”</p></sidenote>persons or property.</content> </level> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Within 240 days after the date of enactment of this subdivision, <sidenote><p class="indent0 firstIndent0 fontsize8">Standards and procedures.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s15">49 USC 15</ref>.</p></sidenote>the Commission shall establish, by rule, standards and procedures for determining, in accordance with section 15(9) of this part, whether and when a carrier possesses market dominance over a service rendered or to be rendered at a particular rate or rates. Such rules shall be designed to provide for a practical determination without administrative delay. The Commission shall solicit and consider the recommendations of the Attorney General and of the Federal Trade Commission in the course of establishing such rules.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 15 of the Interstate Commerce Act (49 U.S.C. 15) is amended by redesignating paragraphs (8) through (14) thereof as <page identifier="/us/stat/90/36">90 STAT. 36</page>paragraphs (10) through (16) thereof, respectively, and by inserting therein a new paragraph (9) as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>Following promulgation of standards under section 1(5) (d) of this part, whenever a rate of a common carrier by railroad subject to this part is challenged as being unreasonably high, the Commission shall, upon complaint or upon its own initiative and within 90 days after the commencement of a proceeding to investigate the lawfulness of such rate, determine whether the carrier proposing such rate has market dominance, within the meaning of section 1(5)(c) (i) of this part, over the service to which such rate applies. If the Commission finds that such a carrier does not have such market dominance, such finding shall be determinative in all additional or other proceedings under this Act concerning such rate or service, unless (a) such finding is modified or set aside by the Commission, or (b) such finding is set aside by a court of competent jurisdiction. Nothing in this paragraph shall limit the Commission’s power to suspend a rate pursuant to this section, except that if the Commission has found that a carrier does not have such market dominance over the service to which a rate applies, the Commission may not suspend any increase in such rate on the ground that such rate as increased exceeds a just or reasonable maximum for such service, unless the Commission specifically modifies or sets aside its prior determination concerning market dominance over the service to which such rate applies.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 15 of the Interstate Commerce Act (49 U.S.C. 15) is amended by adding at the end thereof the following two new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="17">“(17) </num> <content>Within 1 year after the date of enactment of this paragraph, the Commission shall establish, by rule, standards and expeditious procedures for the establishment of railroad rates based on seasonal, regional, or peak-period demand for rail services. Such standards and procedures shall be designed to (a) provide sufficient incentive to shippers to reduce peak-period shipments, through rescheduling and advance planning; (b) generate additional revenues for the railroads; and (c) improve (i) the utilization of the national supply of freight cars, (ii) the movement of goods by rail, (iii) levels of employment by railroads, and (iv) the financial stability of markets served by <sidenote><p class="indent0 firstIndent0 fontsize8">Annual report to Congress.</p></sidenote>railroads. Following the establishment of such standards and procedures, the Commission shall prepare and submit to the Congress annual reports on the implementation of such rates, including recommendations with respect to the need, if any, for additional legislation to facilitate the establishment of such demand-sensitive rates.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">“(18) </num> <content>In order to encourage competition, to promote increased reinvestment by railroads, and to encourage and facilitate increased non-railroad investment in the production of rail services, a carrier by railroad subject to this part may, upon its own initiative or upon the request of any shipper or receiver of freight, file separate rates for distinct rail services. Within 1 year after the date of enactment of this paragraph, the Commission shall establish, by rule, expeditious procedures for permitting publication of separate rates tor distinct rail services in order to (a) encourage the pricing of such services in accordance with the carrier’s cash-outlays for such services and the demand therefor, and (b) enable shippers and receivers to evaluate all transportation and related charges and alternatives.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <chapeau>Section 15 of the Interstate Commerce Act (49 U.S.C. 15), as amended by this Act, is further amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by adding at the end of paragraph (7) thereof the following new sentence: “<quotedText>This paragraph shall not apply to common carriers by railroad subject to this part.</quotedText>”; and</content> </paragraph> <page identifier="/us/stat/90/37">90 STAT. 37</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting a new paragraph (8) as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8)</num> <subdivision class="inline"><num value="a">(a) </num> <content>Whenever a schedule is tiled with the Commission by a common carrier by railroad stating a new individual or joint rate, fare, or charge, or a new individual or joint classification, regulation, or practice affecting a rate, fare, or charge, the Commission may, upon the complaint of an interested party or upon its own initiative, order a hearing concerning the lawfulness of such rate, fare, charge, classification, regulation, or practice. The hearing may be conducted without <sidenote><p class="indent0 firstIndent0 fontsize8">Hearing and notice.</p></sidenote>answer or other formal pleading, but reasonable notice shall be provided to interested parties. Such hearing shall be completed and a final decision rendered by the Commission not later than 7 months after such rate, fare, charge, classification, regulation, or practice was scheduled to become effective, unless, prior to the expiration of such 7-month period, the Commission reports in writing to the Congress that it is unable to render a decision within such period, together with a full explanation of the reason for the delay. It such a report is made to the Congress, the final decision shall be made not later than 10 months after the date of the filing of such schedule. If the final decision of the Commission is not made within the applicable time period, the rate, fare, charge, classification, regulation, or practice shall go into effect immediately at the expiration of such time period, or shall remain in effect if it has already become effective. Such rate, fare, charge, classification, regulation, or practice may be set aside thereafter by the Commission if, upon complaint of an interested party, the Commission finds it to be unlawful.</content> </subdivision> <subdivision class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>Pending a hearing pursuant to subdivision (a), the schedule <sidenote><p class="indent0 firstIndent0 fontsize8">Schedule suspension.</p></sidenote>may be suspended, pursuant to subdivision (d), for 7 months beyond the time when it would otherwise go into effect, or for 10 months if the Commission makes a report to the Congress pursuant to subdivision (a), except under the following conditions:</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>in the case of a rate increase, a rate may not be suspended on the ground that it exceeds a just and reasonable level if the rate is within a limit specified in subdivision (c), except that such a rate change may be suspended under any provision of section 2,3, or 4 of this part or, following promulgation of standards and procedures under section 1(5)(d) of this part, if the carrier is found to have market dominance, within the meaning of section l(5)(c)(i) of this part, over the service to which such rate increase applies; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>in the case of a rate decrease, a rate may not be suspended on the ground that it is below a just and reasonable level if the rate is within a limit specified in subdivision (c), except that such a rate change may be suspended under any provision of section 2, 3, or 4 of this part, or for the purposes or investigating such rate change upon a complaint that such rate change constitutes a competitive practice which is unfair, destructive, predatory or otherwise undermines competition which is necessary in the public interest.</content> </level> </subdivision> <subdivision class="firstIndent1 fontsize10"><num value="c">“(c) </num> <chapeau>The limitations upon the Commission’s power to suspend rate changes set forth in subdivisions (b) (i) and (ii) apply only to rate changes which are not of general applicability to all or substantially all classes of traffic and only if—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the rate increase or decrease is filed within 2 years after the date of the enactment of this subdivision;</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the common carrier by railroad notifies the Commission that it wishes to have the rate considered pursuant to this subdivision;</content> </level> <page identifier="/us/stat/90/38">90 STAT. 38</page> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the aggregate of increases or decreases in any rate filed pursuant to clauses (i) and (ii) of this subdivision within the first 365 days following such date of enactment is not more than 7 per centum of the rate in effect on January 1, 1976; and</content> </level> <level class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the aggregate of the increases or decreases for any rate filed pursuant to clauses (i) and (ii) of this subdivision within the second 365 day-period following such date of enactment is not more than 7 per centum of the rate in effect on January 1, 1977.</content> </level> </subdivision> <subdivision class="firstIndent1 fontsize10"><num value="d">“(d) </num> <chapeau>The Commission may not suspend a rate under this paragraph unless it appears from specific facts shown by the verified complaint of any person that—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>without suspension the proposed rate change will cause substantial injury to the complainant or the party represented by such complainant; and</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>it is likely that such complainant will prevail on the merits.</content> </level> <continuation class="indent0 firstIndent0 fontsize10">The burden of proof shall be upon the complainant to establish the matters set forth in clauses (i) and (ii) of this subdivision. Nothing in this paragraph shall lie construed as establishing a presumption that any rate increase or decrease in excess of the limits set forth in clauses (iii) or (iv) of subdivision (c) is unlawful or should be suspended.</continuation> </subdivision> <subdivision class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>If a hearing is initiated under this paragraph with respect to a proposed increased rate, fare, or charge, and if the schedule is not suspended pending such hearing and the decision thereon, the Commission shall require the railroads involved to keep an account of all amounts received because of such increase from the date such rate, fare, or charge became effective until the Commission issues an order or until 7 months after such date, whichever first occurs, or, if the hearings are extended pursuant to subdivision (a), until an order issues or until 10 months elapse, whichever first occurs. The account shall specify by whom and on whose behalf the amounts are paid. In its final order, the Commission shall require the common carrier by railroad to refund to the person on whose behalf the amounts were paid that portion of such increased rate, fare, or charge found to be not justified, plus interest at a rate which is equal to the average yield (on the date such schedule is filed) of marketable securities of the United States which have a duration of 90 days. With respect to any proposed decreased rate, fare, or charge which is suspended, if the decrease or any part thereof is ultimately found to be lawful, the common carrier by railroad may refund any part of the portion of such decreased rate, fare, or charge found justified if such carrier makes such a refund available on an equal basis to all shippers who participated in such rate, fare, or charge according to the relative amounts of traffic shipped at such rate, fare, or charge.</content> </subdivision> <subdivision class="firstIndent1 fontsize10"><num value="f">“(f) </num> <content>In any hearing under this section, the burden of proof is on the common carrier by railroad to show that the proposed changed rate, fare, charge, classification, rule, regulation, or practice is just and reasonable. The Commission shall specifically consider, in any such hearing, proof that such proposed changed rate, fare, charge, classification, rule, regulation, or practice will have a significantly adverse effect (in violation of section 2 or 3 of this part) on the competitive posture of shippers or consignees affected thereby. The Commission shall give such nearing and decision preference over all other matters relating to railroads pending before the Commission and shall make its decision at the earliest practicable time.”.</content> </subdivision> </paragraph> </quotedContent> </content></paragraph> </subsection> <page identifier="/us/stat/90/39">90 STAT. 39</page> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <chapeau>Nothing in the amendments made by this section shall be construed—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1 note</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to modify the application of section 2, 3, or 4 of the Interstate Commerce Act (49 U.S.C. 2, 3, or 4) in determining the lawfulness of any rate or practice;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to make lawful any competitive practice which is unfair, destructive, predatory, or otherwise undermines competition which is necessary in the public interest;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to affect the existing law or the authority of the Commission with respect to rate relationships between ports; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to affect the authority and responsibility of the Commission to guarantee the equalization of rates within the same port.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>The Secretary and the Commission shall separately study the <sidenote><p class="indent0 firstIndent0 fontsize8">Study.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1 note</ref>.</p></sidenote>effect of the amendments made by this section on the development of an efficient and financially stable railway system in the United States. Such studies shall include (1) an analysis of the effect of such provisions upon shippers and upon carriers in all modes of transportation, and (2) proposals for further regulatory and legislative changes, if necessary. The Commission shall gather all data relating to such studies as requested by the Secretary, and shall make such data available to the Secretary. The Secretary and the Commission shall transmit <sidenote><p class="indent0 firstIndent0 fontsize8">Transmittal to Congress.</p></sidenote>the results of tneir respective studies to each House of Congress within 20 months after the date of the enactment of this Act.</content> </subsection> </section> <section> <heading class="centered smallCaps">tariff modifications</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 15(3) of the Interstate Commerce Act (49 U.S.C. 15(3)) is amended by adding at the end thereof the following new sentence: “With respect to camera by railroad, in determining whether any such cancellation or proposed cancellation involving any common carrier by railroad is consistent with the public interest, the Commission shall, to the extent applicable, (a) compare the distance traversed and the average transportation time and expense required using the through route, and the distance traversed and the average transportation time and expense required using alternative routes, between the points served by such through route, (b) consider any reduction in energy consumption which may result from such cancellation, and (c) take into account the overall impact of such cancellation on the shippers and carriers who are affected thereby.”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 15a of the Interstate Commerce Act (49 U.S.C. 15a) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The Commission shall, in any proceeding which involves a proposed increase or decrease in railroad rates, specifically consider allegations that such increase or decrease would change the rate relationships between commodities, ports, points, regions, territories, or other particular descriptions of traffic (whether or not such relationships were previously considered or approved by the Connnission) and allegations that such increase or decrease would have a significantly adverse effect on the competitive position of shippers or consignees served by the railroad proposing such increase or decrease. If the Commission finds that such allegations as to change or effect are substantially supported on the record, it shall take such steps as are necessary, either before or after such proposed increase or decrease becomes effective and either within or outside such proceeding, to investigate the lawfulness of such change or effect.”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <page identifier="/us/stat/90/40">90 STAT. 40</page> <section> <heading class="centered smallCaps">investigation of discriminatory freight rates for the transportation of recyclable or recycled materials</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s793">45 USC 793 note</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Investigation</inline>.—</heading><chapeau>The Commission, within 12 months after the date of enactment of this Act, and thereafter as appropriate, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>conduct an investigation of (A) the rate structure for the transportation, by common carriers by railroad subject to part I <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1</ref>.</p></sidenote>of the Interstate Commerce Act, of recyclable or recycled materials and competing virgin natural resource materials, and (B) the manner in which such rate structure has been affected by successive general rate increases approved by the Commission for such common carriers by railroad;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public hearing.</p></sidenote> <content>determine, after a public hearing during which the burden of proof shall be upon such common carriers by railroad to show that such rate structure, as affected by rate increases applicable to the transportation of such competing materials, is just, reasonable, and nondiscriminatory, whether such rate structure is, in whole or in part, unjustly discriminatory or unreasonable;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>issue, in all cases in which such transportation rate structure is determined to be, in whole or in part, unjustly discriminatory or unreasonable, orders requiring the removal from such rate structure of such unreasonableness or unjust discrimination; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Report to President and Congress.</p></sidenote> <content>report to the President and the Congress, in the annual report of the Commission for each of the 3 years following the date of enactment of this Act, and in such other reports as may be appropriate, all actions commenced or completed under this section to eliminate unreasonable and unjustly discriminatory rates for the transportation of recyclable or recycled materials.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Participation</inline>.—</heading><content>The Administrator of the Environmental Protection Agency shall take such steps as are necessary to assure that the Commission carries out the requirements set forth in subsection (a) of this section as expeditiously as possible. Such Administrator is authorized to participate as a party in the investigation to be commenced by the Commission under such subsection (a).</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Research, Development, and Demonstration</inline>.—</heading><content>The Secretary, in cooperation with the Commission, shall establish a research, development, and demonstration program to develop and improve transport terminal operations, transport service characteristics, transport equipment, and collection and processing methods for the purpose of facilitating the competitive and efficient transportation of recyclable or recycled materials by common carriers by railroad subject to part I of the Interatate Commerce Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Review</inline>.—</heading><content>-Orders issued by the Commission pursuant to this section shall be subject to judicial review or enforcement in the same manner as other orders issued by the Commission under the Interstate Commerce Act. In all proceedings under this section, the Commission shall comply fully with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading><chapeau>As used in this section, the term—</chapeau><paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“recyclable material” means any material which has been collected or recovered from waste for a commercial or industrial use, whether or not such collection or recovery follows end usage as a product; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“<quotedText>virgin natural resource material</quotedText>” and “<quotedText>virgin material</quotedText>” mean any raw material, including previously unused metal or metal ore, woodpulp or pulpwood, textile fiber or material, or <page identifier="/us/stat/90/41">90 STAT. 41</page>other resource which is, or which will become (through the application of technology), a source of raw material for commercial or industrial use.</content> </paragraph> </subsection> </section> <section> <heading class="centered smallCaps">adequate revenue levels</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <chapeau>Section 15a of the Interstate Commerce Act (49 U.S.C. 15a) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by adding at the end of paragraph (2) and at the end of paragraph (3) the following new sentence: “<quotedText>This paragraph shall not apply to common carriers by railroad subject to this part.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating paragraph (4) as paragraph (6), and by inserting immediately after paragraph (3) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>With respect to common carriers by railroad, the Commission <sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p><p class="indent0 firstIndent0 fontsize8">Standards and procedures.</p></sidenote>shall, within 24 months after the date of enactment of this paragraph, after notice and an opportunity for a hearing, develop and promulgate (and thereafter revise and maintain) reasonable standards and procedures for the establishment of revenue levels adequate under honest, economical, and efficient management to cover total operating expenses, including depreciation and obsolescence, plus a fair, reasonable, and economic profit or return (or both) on capital employed in the business. Such revenue levels should (a) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation and (b) insure retention and attraction of capital in amounts adequate to provide a sound transportation system in the United States. The Commission shall make an adequate and continuing effort to assist such carriers in attaining such revenue levels. No rate of a common carrier by railroad shall be held up to a particular level to protect the traffic of any other carrier or mode of transportation, unless the Commission finds that such rate reduces or would reduce the going concern value of the carrier charging the rate.”.</content> </paragraph> </quotedContent> </content></paragraph> </section> <section> <heading class="centered smallCaps">rate incentives for capital investment</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>Section 15 of the Interstate Commerce Act (49 U.S.C. 15), as amended by section 202 of this Act, is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="19">“(19) </num> <content>Notwithstanding any other provision of law, a common carrier <sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote>by railroad subject to this part may file with the Commission a notice of intention to file a schedule stating a new rate, fare, charge, classification, regulation, or practice whenever the implementation of the proposed schedule would require a total capital investment of $1,000,000 or more, individually or collectively, by such carrier, or by a shipper, receiver, or agent thereof, or an interested third party. The filing shall be accompanied by a sworn affidavit setting forth in detail the anticipated capital investment upon which such filing is based. Any <sidenote><p class="indent0 firstIndent0 fontsize8">Hearing.</p></sidenote>interested person may request the Commission to investigate the schedule proposed to be filed, and upon such request the Commission shall hold a hearing with respect to such schedule. Such hearing may be <sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote>conducted without answer or other formal pleading, but reasonable notice shall be provided to interested parties. Unless, prior to the 180-day period following the filing of such notice of intention, the Commission determines, after a hearing, that the proposed schedule, or any part thereof, would be unlawful, such carrier may file the schedule at any time within 180 days thereafter to become effective after 30 <page identifier="/us/stat/90/42">90 STAT. 42</page>days’ notice. Such a schedule may not, for a period of 5 years after its effective date, be suspended or set aside as unlawful under section 2, 3, or 4 of this part, except that the Commission may at any time order such schedule to be revised to a level equaling the variable costs of providing the service, if the rate stated therein is found to reduce the going concern value of the carrier.”.</content> </paragraph> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">exemptions from interstate commerce act</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content>Paragraph (1) of section 12 of the Interstate Commerce Act (49 U.S.C. 12(1)) is amended by inserting “<quotedText>(a)</quotedText>” immediately before “<quotedText>The Commission</quotedText>” and by adding at the end thereof the following new subdivision: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Whenever the Commission determines, upon petition by the Secretary or an interested party or upon its own initiative, in matters relating to a common carrier by railroad subject to this part, after notice and reasonable opportunity for a hearing, that the application of the provisions of this part (i) to any person or class of persons, or (ii) to any services or transactions by reason of the limited scope of such services or transactions, is not necessary to effectuate the national transportation policy declared in this Act, would be an undue burden on such person or class of persons or on interstate and foreign commerce, and would serve little or no useful public purpose, it shall, by order, exempt such persons, class of persons, services, or transactions from such provisions to the extent and for such period of time as may <sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote>be specified in such order. The Commission may, by order, revoke any such exemption whenever it finds, after notice and reasonable opportunity for a hearing, that the application of the provisions of this part to the exempted person, class of persons, services, or transactions, to the extent specified in such order, is necessary to effectuate the national transportation policy declared in this Act and to achieve effective regulation by the Commission, and would serve a useful public purpose.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">rate bureaus</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"><num value="a">(a) </num> <content>Effective 270 days after the date of enactment of this Act, section 5a of the Interstate Commerce Act (49 U.S.C. 5b) is amended in paragraph (1) (A) thereof by striking out “<quotedText>part I, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1/301/901">49 USC 1, 301, 901</ref>.</p></sidenote>II, or III</quotedText>” and inserting in lieu thereof “<quotedText>part I (other than a common carrier by railroad), part II, or part III</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Part I of the Interstate Commerce Act is amended by inserting after section 5a thereof a new section 5b as follows: <quotedContent> <heading class="centered smallCaps">“agreements between carriers subject to part i</heading> <section><num value="5b"><inline class="smallCaps">“Sec</inline>. 5b. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Definitions.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s5c">49 USC 5c</ref>.</p></sidenote> <paragraph class="inline"><num value="1">(1) </num> <chapeau>As used in this sect ion, the term—</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>‘affiliate’ means any person directly or indirectly controlling, controlled by, or under common control or ownership with, any other person, and as used in this subdivision, the term (i) ‘control’ has the same meaning as in section 1(3) (b) of this part; and (ii) ‘ownership’ refers to equity holdings of 5 per centum or more in any business entity;</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>‘antitrust laws’ means the Act of July 2, 1890, as amended (15 U.S.C. 1, et seq.), the Act of October 15, 1914, as amended (15 U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of the Act of August 27, 1894, as amended (15 U.S.C. 8 and 9), and chapter 592 of the Act of June 19, 1936, as amended (15 U.S.C. 13, 13a, 13b, 21a); and</content> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>‘carrier’ means any common carrier by railroad subject to part I of this Act.</content> </level> </paragraph> <page identifier="/us/stat/90/43">90 STAT. 43</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any carrier which is a party to an agreement, between or among two or more carriers, relating to rates, fares, classification, divisions, allowances, or charges (including charges between carriers and compensation paid or received for the use of facilities and equipment), or rules and regulations pertaining thereto, or procedures for the joint consideration, initiation, or establishment thereof, shall, under such rules and regulations as the Commission shall prescribe, apply to the Commission for approval of such agreement. The Commission shall, by order, approve any such agreement if approval thereof is not prohibited by paragraph (4) or (5) and if it finds that, by reason of furtherance of the national transportation policy declared in this Act, the relief provided in paragraph (8) should apply with respect to the making and carrying out of such agreement; otherwise the application shall lie denied. No such approval shall be granted or continued (a) if any of the terms and conditions which are prescribed under the last sentence of this paragraph are violated or not complied with, or (b) unless the Commission receives a verified written statement (and any written supplement or addendum thereto requested by the Commission) setting forth, with respect to each carrier which is a party to such agreement (i) its name, (ii) the mailing address and telephone number of its headquarter’s office, (iii) the names of each of its affiliates, (iv) the names, addresses, and affiliations of each of its officers and directors and of each person who, together with any affiliate, owns or controls any debt, equity, or security interest in it having a value of $1,000,000 or more, and (v) such other information as the Commission directs to lie included. The approval of the Commission shall be granted only upon such terms and conditions as the Commission determines are necessary to enable its approval to be granted in accordance with the standard set forth in this paragraph.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Each conference, bureau, committee, or other organization <sidenote><p class="indent0 firstIndent0 fontsize8">Recordkeeping.</p></sidenote>established or continued pursuant to any agreement approved by the Commission under the provisions of this section shall maintain such accounts, records, files, and memoranda and shall submit to the Commission such reports, as may lie prescribed by the Commission. All such accounts, records, files, and memoranda shall be subject to inspection by the Commission or its duly authorized representatives. The Commission may conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents, records, and property, copy and verify the correctness of information subject to inspection, and take depositions (a) to determine whether any such conference, bureau, committee, or other organization, or any carrier which is a party to any such agreement, has acted or is acting in compliance with the provisions of this section, regulations issued under this section, and the public interest, (b) to determine whether any such organization or carrier is inhibiting an efficient utilization of transportation resources or has established practices which are inconsistent with efficient, flexible, and economic operation, and (c) for such other purposes as the Commission considers appropriate.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Commission shall not approve under this section any agreement which it finds is an agreement with respect to a pooling, division, or other matter or transaction to which section 5 of this part <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s5">49 USC 5</ref>.</p></sidenote>is applicable.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <level class="inline"><num value="a">(a) </num><chapeau>The Commission shall not approve under this section any agreement which establishes a procedure for the determination of any matter through joint consideration, unless it finds that under the agreement there is accorded to each party the free and unrestrained right to take independent action, without fear of any sanction or retal-<page identifier="/us/stat/90/44">90 STAT. 44</page>iatory action, at any time before or after any determination arrived at through such procedure. In no event shall any conference, bureau, committee, or other organization established or continued pursuant to any agreement approved by the Commission under the provisions of this section—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>permit participation in agreements with respect to, or any voting on, single-line rates, allowances, or charges established by any carrier;</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>permit any carrier to participate in agreements with respect to, or to vote on, rates, allowances, or charges relating to any particular interline movement, unless such carrier can practicably participate in such movement; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>permit, provide for, or establish any procedure for joint consideration or any joint action to protest or otherwise seek the suspension of any rate or classification filed by a carrier of the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s15">49 USC 15</ref>.</p></sidenote>same mode pursuant to section 15(7) of this part where such rate or classification is established by independent action.</content> </level> <continuation class="indent0 firstIndent0 fontsize10">As used in clause (i) of this subdivision, a single-line rate, allowance, or charge is one that is proposed by a single carrier applicable only over its own line and as to which the service (exclusive of terminal services provided by switching, drayage, or other terminal carriers or agencies) can be performed by such carrier.</continuation> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>The limitations set forth in subdivision (a) shall not be applicable to—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>general rate increases or decreases, if the agreements accord the shipping public, under specified procedures, adequate notice of at least 15 days of such proposals and an opportunity to present comments thereon, in writing or otherwise, prior to the filing with the Commission of the tariffs containing such increases or decreases, or</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>broad tariff changes if such changes are of general application or substantially general application throughout a territory or territories within which such changes are to be applicable.</content> </level> <continuation class="indent0 firstIndent0 fontsize10">In any proceeding in which it is alleged that a carrier voted or agreed upon a rate, allowance, or charge, in violation of the provisions of this section, the party alleging such violation shall have the burden of showing that such vote or agreement occurred. A showing of parallel behavior is not, by itself, sufficient to satisfy such burden.</continuation> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6)</num><sidenote><p class="indent0 firstIndent0 fontsize8">Investigation.</p></sidenote> <level class="inline"><num value="a">(a) </num><content>The Commission is authorized, upon complaint or upon its own initiative without complaint, to investigate and determine whether any agreement previously approved by it under this section, or terms and conditions upon which such approval was granted, is not or are not in conformity with the standards set forth in paragraph (2) and with the public interest, and whether any such terms and conditions are not necessary or whether any additional or modified terms and conditions are necessary for purposes of conformity with such standard. After any such investigation the Commission shall, by order, terminate or modify its approval of such an agreement if it finds such action necessary to insure conformity with such standard, and shall modify the terms and conditions upon which such approval was granted to the extent it finds necessary to insure conformity with such standard or to the extent to which it finds such terms and conditions not necessary to insure such conformity. The effective date of any order terminating or modifying approval, or modifying terms and conditions, shall be postponed for such period as the Commission determines to be reasonably necessary to avoid undue hardship.</content> </level> <page identifier="/us/stat/90/45">90 STAT. 45</page> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The Commission shall periodically, but not less than once <sidenote><p class="indent0 firstIndent0 fontsize8">Review.</p></sidenote>every 3 years, review each agreement which the Commission has by order approved under this section to determine whether such agreement, or any conference, bureau, committee, or other organization established or continued pursuant to such agreement, still conforms with the standard set forth in paragraph (2) and the public interest, and to evaluate the success and effect upon the consuming public and the national rail freight transportation system of such agreement and organization. The Commission shall report to the President and to <sidenote><p class="indent0 firstIndent0 fontsize8">Report to President and Congress.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s21">49 USC 21</ref>.</p></sidenote>the Congress on the results of such reviews, as part of its annual report pursuant to section 21. If the Commission makes a determination that any such agreement or organization is no longer in conformity with such standard, the Commission shall by order terminate or suspend its approval thereof.</content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>No order shall be entered under this section except after <sidenote><p class="indent0 firstIndent0 fontsize8">Hearing.</p></sidenote>interested parties have been afforded a reasonable opportunity for a hearing.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>Parties to any agreement approved by the Commission under this section and other persons are, if the approval of such agreement is no prohibited by paragraph (4) or (5), hereby relieved from the operation of the antitrust laws with respect to the making of such agreement, and with respect to the carrying out of such agreement in conformity with its provisions and in conformity with the terms and conditions prescribed by the Commission.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>Any action of the Commission under this section (a) in approving an agreement, (b) in denying an application for such approval, (c) in terminating or modifying such approval, (d) in prescribing the terms and conditions upon which such approval is to be granted, or (e) in modifying such terms and conditions, shall be construed as having effect solely with reference to the applicability of the relief provisions of paragraph (8).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>The Federal Trade Commission, in consultation with the <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Interstate Commerce Commission.</p></sidenote>Antitrust Division of the Department of Justice, shall periodically prepare an assessment of, and shall report to the Commission on (a) any possible anticompetitive features of (i) any agreements approved or submitted for approval under this section, and (ii) any conferences, bureaus, committees, or other organizations operating under such agreements, and (b) possible ways to eliminate or alleviate any such anticompetitive features, effects, or aspects in a manner that will further the goals of the national transportation policy and this Act. The Commission shall make such reports available to the public.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>Any conference, bureau, committee, or other organization <sidenote><p class="indent0 firstIndent0 fontsize8">Final disposition.</p></sidenote>established or continued pursuant to any agreement approved by the Commission under this section shall make a final disposition with respect to any rule, rate, or charge docketed with such organization within 120 days after such proposal is docketed.”.</content> </paragraph> </section> </quotedContent> </content> </subsection> </section> <section> <heading class="centered smallCaps">filing procedures</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content>Section 6(6) of the Interstate Commerce Act (49 U.S.C. 6(6)) is amended by striking out “<quotedText>shall prescribe; and the</quotedText>” and inserting in lieu thereof the following: “<quotedText>shall prescribe. The Commission shall, beginning 2 years after the date of enactment of this sentence, require (a) that all rates shall be incorporated into the individual tariffs of each common earner by railroad subject to this part or rail ratemaking association within 2 years after the initial publication of the rate, or within 2 years after a change in any rate is approved by the Commission, whichever is later, and (b) that any rate shall be null and void with respect to any such carrier or association which <page identifier="/us/stat/90/46">90 STAT. 46</page>does not so incorporate such rate into its individual tariff. The Commission may, upon good cause shown, extend such period of time. Notice of any such extension and a statement of the reasons therefor shall be promptly transmitted to the Congress. The</quotedText>”.</content> </section> <section> <heading class="centered smallCaps">intrastate railroad rate proceedings</heading> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content>Section 13 of the Interstate Commerce Act (49 U.S.C. 13) is amended by striking out “: <proviso><i>Provided</i>, That” and all that follows through “<quotedText>hearing and decision therein</quotedText>” in paragraph (4) thereof, and by adding at the end thereof the following new paragraph:</proviso> <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num><chapeau>The Commission shall have exclusive authority, upon application to it, to determine and prescribe intrastate rates if—</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>a carrier by railroad has filed with an appropriate administrative or regulatory body of a State, a change in an intrastate rate, fare, or charge, or a change in a classification, regulation, or practice that has the effect of changing such a rate, fare, or charge, for the purpose of adjusting such rate, fare, or charge to the rate charged on similar traffic moving in interstate or foreign commerce; and</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>the State administrative or regulatory body has not, within 120 days after the date of such filing, acted finally on such change.</content> </level> <continuation class="indent0 firstIndent0 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Application.</p></sidenote>Notice of the application to the Commission shall lie served on the appropriate State administrative or regulatory body. Upon the filing of such an application, the Commission shall determine and prescribe, according to the standards set forth in paragraph (4) of this section, the rate thereafter to lie charged. The provisions of this paragraph shall apply notwithstanding the laws or constitution of any State, or the pendency of any proceeding before any State court or other State authority.”.</continuation> </paragraph> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">demurrage charges</heading> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content>Section 1(6) of the Interstate Commerce Act (49 U.S.C. 1(6)) is amended by inserting at the end thereof the following <sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote>new sentence: “<quotedText>Demurrage charges shall lie computed, and rules and regulations relating to such charges shall be established, in such a manner as to fulfill the national needs with respect to (a) freight car utilization and distribution, and (b) maintenance of an adequate freight car supply available for transportation of property.</quotedText>”.</content> </section> <section> <heading class="centered smallCaps">car service compensation and practices</heading> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 1(14) (a) of the Interstate Commerce Act (49 U.S.C. 1(14) (a)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14)</num><sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote> <level class="inline"><num value="a">(a) </num><content>It is the intent of the Congress to encourage the purchase, acquisition, and efficient utilization of freight cars. In order to carry out such intent, the Commission may, upon complaint of an interested party or upon its own initiative without complaint, and after notice and an opportunity for a hearing, establish reasonable rules, regulations, and practices with respect to car service by common carriers by railroad subject to this part, including (i) the compensation to be paid for the use of any locomotive, freight car, or other vehicle, (ii) the other terms of any contract, agreement, or arrangement for the use of any locomotive or other vehicle not owned by the carrier by which it is used (and whether or not owned by another carrier, shipper, or third party), and (iii) the penalties or other sanctions for nonobservance of <page identifier="/us/stat/90/47">90 STAT. 47</page>such rules, regulations, or practices. In determining the rates of compensation to be paid for each type of freight car, the Commission shall give consideration to the transportation use of each type of freight car, to the national level of ownership of each such type of freight car, and to other factors affecting the adequacy of the national freight car supply. Such compensation shall be fixed on the basis of the elements of ownership expense involved in owning and maintaining each such type of freight car, including a fair return on the cost of such type of freight car (giving due consideration to current costs of capital, repairs, materials, parts, and labor). Such compensation may be increased by any incentive element which will, in the judgment of the Commission, provide just and reasonable compensation to freight car owners, contribute to sound car service practices (including efficient utilization and distribution of cars), and encourage the acquisition and maintenance of a car supply adequate to meet the needs of commerce and the national defense. The Commission shall not make any incentive element applicable to any type of freight car if the Commission finds that the supply of such type of freight car is adequate. The Commission may exempt such incentive element from the compensation to be paid by any carrier or group of carriers if the Commission finds that such an exemption is in the national interest.”.</content> </level> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Commission shall, within 18 months after the date of <sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations, revision.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1 note</ref>.</p></sidenote>enactment of this Act, revise its rules, regulations, and practices with respect to car service, in accordance with the amendment made by subsection (a) of this section.</content> </subsection> </section> <num class="centered" value="III">TITLE III—</num><heading class="inline">REFORM OF THE INTERSTATE COMMERCE COMMISSION</heading> <section> <heading class="centered smallCaps">access to information by congressional committees</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>Section 17 of the Interstate Commerce Act (49 U.S.C. 17), as amended by section 303 of this Act, is further amended by inserting therein a new paragraph (15) as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="15">“(15) </num> <content>Whenever the Committee on Interstate and Foreign Commerce of the House of Representatives or the Committee on Commerce of the Senate makes a written request for documents which are in the possession or under the control of the Commission and which relate to any matter involving a common carrier by railroad subject to this part, the Commission shall, within 10 days after the date of receipt of such request, submit such documents (or copies thereof) to such committee, or submit a report in writing to such committee stating the reason why such documents have not been so submitted, and the anticipated date on which they will be submitted. If the Commission transfers any document in its possession or under its control to any other agency or to any person, it shall condition such transfer on the guaranteed return by the transferee of such document to the Commission for purposes of complying with the preceding sentence. This paragraph shall not apply to documents which have been obtained by the Commission from persons subject to regulation by the Commission, and which contain trade secrets or commercial or financial information of a privileged or confidential nature. This paragraph shall not be deemed to restrict any other authority of either House of Congress, or any committee or subcommittee thereof, to obtain documents. For purposes of this paragraph, the term ‘document’ <sidenote><p class="indent0 firstIndent0 fontsize8">“Document”</p></sidenote>means any book, paper, correspondence, memorandum, or other record, or any copy thereof.”.</content> </paragraph> </quotedContent> </content> </section> <page identifier="/us/stat/90/48">90 STAT. 48</page> <section> <heading class="centered smallCaps">effective date of orders of the commission</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>Section 15(2) of the Interstate Commerce Act (49 U.S.C. 15(2)), is amended by striking out “<quotedText>, not less than thirty days, and shall</quotedText>”, and inserting in lieu thereof “<quotedText>as the Commission may prescribe. Such orders shall</quotedText>”.</content> </section> <section> <heading class="centered smallCaps">commission hearing and appellate procedure</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 17 of the Interstate Commerce Act (49 U.S.C. 17) is amended by redesignating paragraphs (9) through (12) thereof as paragraphs (10) through (13) thereof, respectively, and by inserting therein the following new paragraph (9): <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="9">“(9)</num><sidenote><p class="indent0 firstIndent0 fontsize8">“Hearing.”</p></sidenote> <level class="inline"><num value="a">(a) </num><content>Whenever the term ‘hearing’ is used in this part, such term shall be construed to include an opportunity for the submission of all evidence in written form, followed by an opportunity for briefs, written statements, or conferences of the parties, such conferences to be chaired by a division, an individual Commissioner, an administrative law judge, an employee board, or any other designated employee of the Commission.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>With respect to any matter involving a common carrier by railroad subject to this part, whenever the Commission assigns the initial disposition to any of such matter before the Commission to an administrative law judge, individual Commissioner, employee board, or division or panel of the Commission, such judge, Commissioner, board, division, or panel shall—</chapeau> <level class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>complete all evidentiary proceedings with respect to such matter within 180 days after its assignment; and</content></level> <level class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><chapeau>with respect to any matter so assigned which involves written submissions or the taking of testimony at a public hearing, submit in writing to the Commission, within 120 days after the completion of all evidentiary proceedings, an initial decision, report, or order containing—</chapeau> <level class="firstIndent1 fontsize10"><num value="A">“(A) </num><content>specific findings of fact;</content></level> <level class="firstIndent1 fontsize10"><num value="B">“(B) </num><content>specific and separate conclusions of law;</content></level> <level class="firstIndent1 fontsize10"><num value="C">“(C) </num><content>a recommended order; and</content></level> <level class="firstIndent1 fontsize10"><num value="D">“(D) </num><content>any justification in support of such findings of fact, conclusions of law, and order.</content></level> <continuation class="indent0 firstIndent0 fontsize10">The Commission, or a duly designated division thereof, may, in its discretion, void any requirement for an initial decision, report, or order, and, in appropriate cases, may direct that any matter shall be considered forthwith by the Commission or such division, if it concludes that the matter involves a question of agency policy, a new or novel issue of law, or an issue of general transportation importance, or if the due and timely execution of its functions so requires. Whenever an initial decision, report, or order is submitted, copies thereof shall be served upon interested parties. Any such party may file an appeal with the Commission, with respect to such initial decision or report. If no such appeal is filed within 20 days after such service, or within such further period (not to exceed 20 days) as the Commission, or a duly designated division thereof, may authorize, the order set forth in such initial decision or report shall become the order of the Commission and shall become effective unless, within such period, the order shall have been stayed or postponed by the Commission pursuant to subdivision (d) or (e).</continuation> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Review.</p></sidenote> <content class="inline">The Commission, or a duly designated division thereof, may, upon its own initiative, and shall, in any case in which an appeal is filed under subdivision (b), review the matter upon the same record or <page identifier="/us/stat/90/49">90 STAT. 49</page>upon the basis of a further hearing. Any such appeal shall be considered and acted upon by the Commission, or a duly designated division thereof, within 180 days after the date on which such appeal is filed. Any such decision, report, or order shall be staved pending the determination of such appeal. Such a review shall be conducted in accordance with section 557 of title 5, United States Code, and such rules (limiting and defining the issues and pleadings upon review) as the Commission may adopt in conformance with section 557 (b) of such title 5. The Commission may, in its discretion and on such terms and conditions as it may prescribe, authorize duly designated employee boards to perform functions under this paragraph of the same character as those which may be performed by a duly designated division of the Commission (other than the decision of any appeal under this paragraph which may be further appealed to the Commission).</content> </level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>Any decision, order, or requirement of the Commission, or of a duly designated division thereof, shall become effective 30 days after it is served on the parties thereto, unless the Commission provides for such decision, order, or requirement, or any applicable rule, to become effective at an earlier date. Any interested party to a decision, order or requirement of a duly designated division of the Commission may petition the Commission for rehearing, reargument, or other reconsideration, subject to such rules and limitations as the Commission may establish. If the Commission finds that a decision, order, or requirement presents a matter of general transportation importance, or if it finds that clear and convincing new evidence has been presented or that changed circumstances exist which would materially affect such decision, order, or requirement, the Commission may reconsider such decision, order, or requirement, and it may, in its discretion, stay the effective date of such decision, order, or requirement. If the Commission reconsiders a decision, order, or requirement, it must complete the process and issue its final order not more than 120 days after the date on which it grants the application for reconsideration.</content> </level> <level class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>The Commission may, in its discretion, extend any time period set forth in this section for a period of not more than 90 days, if a majority of the Commissioners, by public vote, agree to such extension. The Commission shall submit an annual report in writing to each <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>House of Congress setting forth each extension granted pursuant to this subdivision (classified by the type of proceeding involved), and stating the reasons for each such extension and the duration thereof.</content> </level> <level class="firstIndent1 fontsize10"><num value="f">“(f) </num> <chapeau>In extraordinary situations in which an extension granted pursuant to subdivision (e) is not sufficient to allow for completion of necessary proceedings, the Commission may, in its discretion, grant a further extension it—</chapeau> <level class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>not less than 7 of the Commissioners, by public vote, agree to such further extension; and</content></level> <level class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><chapeau>not less than 15 days prior to expiration of the extension granted pursuant to subdivision (e), the Commission reports in writing to the Congress that such further extension has been granted, together with—</chapeau> <level class="firstIndent1 fontsize10"><num value="A">“(A) </num><content>a full explanation of the reasons for such further extension;</content></level> <level class="firstIndent1 fontsize10"><num value="B">“(B) </num><content>the anticipated duration of such further extension;</content></level> <level class="firstIndent1 fontsize10"><num value="C">“(C) </num><content>the issues involved in the matter before the Commission; and</content></level> <level class="firstIndent1 fontsize10"><num value="D">“(D) </num><content>the names of personnel of the Commission working on such matter.</content></level> </level> </level> <page identifier="/us/stat/90/50">90 STAT. 50</page> <level class="firstIndent1 fontsize10"><num value="g">“(g) </num> <chapeau>The Commission may, at any time upon its own initiative, on grounds of material error, new evidence, or substantially changed circumstances—</chapeau> <level class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>reopen any proceeding;</content></level> <level class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><content>grant rehearing, reargument, or reconsideration with respect to any decision, order, or requirement; and</content></level> <level class="firstIndent1 fontsize10"><num value="iii">“(iii) </num><content>reverse, modify, or change any decision, order, or requirement.</content></level> </level> <continuation class="indent0 firstIndent0 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Rules.</p></sidenote>The Commission may establish rules allowing interested parties to petition for leave to request reopening and reconsideration based upon material error, new evidence, or substantially changed circumstances.</continuation> </level> <level class="firstIndent1 fontsize10"><num value="h">“(h) </num> <content>Notwithstanding any other provision of this Act, any decision, order, or requirement of the Commission, or of a duly designated division thereof, shall be final on the date on which it is served. A civil action to enforce, enjoin, suspend, or set aside such a decision, order, or requirement, in whole or in part, may be brought after such date in a court of the United States pursuant to the provisions of law which are applicable to suits to enforce, enjoin, suspend, or set aside orders of the Commission.</content> </level> <level class="firstIndent1 fontsize10"><num value="i">“(i) </num> <content>Notwithstanding the provisions of paragraphs (5), (6), (7), and (8), the provisions of this paragraph shall govern the disposition of, and shall apply only to, any matter before the Commission which involves a common carrier by railroad subject to this part, except that the provisions of other sections of this part, pertaining to deadlines in Commission proceedings shall govern to the extent that they are inconsistent with the provisions pertaining to deadlines contained in this paragraph.</content> </level> <level class="firstIndent1 fontsize10"><num value="j">“(j) </num> <content>Reports in writing and other written statement (including, but not limited to, any report, order, decision and order, vote, notice, letter, policy statement, rule, or regulation) of any official action of the Commission (whether such action is taken by the Commission, a division thereof, any other group of Commissioners, a single Commissioner, an employee board, an administrative law judge, or any other individual or group of individuals who are authorized to take any official action on behalf of the Commission) shall indicate (i) the official designation of the individual or group taking such action (ii) the name of each individual taking, or participating in taking, such action, and (iii) the vote or position of each such participating individual. If any individual who is officially designated as a member of a group which takes any such action does not participate in such action, the written statement of such action shall indicate that such individual did not participate. Each individual who participates in taking any such action shall have the right to express his individual views as part <sidenote><p class="indent0 firstIndent0 fontsize8">Written statement, availability to public.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s17">49 USC 17</ref>.</p></sidenote>of the written statement of such action. The written statement of any such action shall be made available to the public in accordance with Federal law.”.</content> </level> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 17 of the Interstate Commerce Act is amended by inserting therein a new paragraph (14) as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <level class="inline"><num value="a">(a) </num><content>Any formal investigative proceeding with respect to a common carrier by railroad which is instituted by the Commission after the date of enactment of this subdivision shall be concluded by the Commission with administrative finality within 3 years after the date on which such proceeding is instituted. Any such proceeding which is not so concluded by such date shall automatically be dismissed.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>Within 1 year after the date of enactment of this subdivision, the Commission shall conclude or terminate, with administrative finality, any formal investigative proceeding with respect to a common carrier by railroad which was instituted by the Commission on its own <page identifier="/us/stat/90/51">90 STAT. 51</page>initiative and which has been pending before the Commission for a period of 3 or more years following the date of the order which instituted such proceeding.”.</content> </level> </paragraph> </quotedContent> </content> </subsection> </section> <section> <heading class="centered smallCaps">office of rail public counsel</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"><num value="a">(a) </num> <content>Part I of the Interstate Commerce Act is amended by redesignating section 27 thereof as section 29 thereof and by inserting <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s27">49 USC 27</ref>.</p></sidenote>after section 26 thereof a new section 27, as follows: <quotedContent> <heading class="centered smallCaps">“office of rail public counsel</heading> <section><num value="27"><inline class="smallCaps">“Sec</inline>. 27. </num> <paragraph class="inline"> <num value="1">(1) </num> <content>There shall be established, within 60 days after the <sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s26b">49 USC 26b</ref>.</p></sidenote>date of enactment of this section, a new independent office affiliated with the Commission to be known as the Office of Rail Public Counsel. The Office of Rail Public Counsel shall function continuously pursuant to this section and other applicable Federal laws.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2)</num> <level class="inline"><num value="a">(a) </num> <content>The Office of Rail Public Counsel shall be administered by <sidenote><p class="indent0 firstIndent0 fontsize8">Director.</p></sidenote>a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The term of office of the Director shall be 4 years. He shall be <sidenote><p class="indent0 firstIndent0 fontsize8">Term.</p></sidenote>responsible for the discharge of the functions and duties of the Office of Rail Public Counsel. He shall be appointed and compensated, without regard to the provisions of title 5. United States Code, governing appointments in the competitive service, classification, and General Schedule pay rates, at a rate not in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of such title.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Director is authorized to appoint, fix the compensation, and assign the duties of employees of such Office and to procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5, United States Code. Each bureau, office, or other entity of the Commission and each department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States is authorized to provide the Office of Rail Public Counsel with such information and data as it requests. The Director is authorized to enter into, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of his functions and duties. The Director shall submit a monthly report on the <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Commission and Congress.</p></sidenote>activities of the Office of Rail Public. Counsel to the Chairman of the Commission, and the Commission, in its annual report to the Congress, shall evaluate and make recommendations with respect to such Office and its activities, accomplishments, and shortcomings.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>In addition to any other duties and responsibilities prescribed by law, the Office of Rail Public Counsel—</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>shall have standing to become a party to any proceeding, formal or informal, which is pending or initiated before the Commission and which involves a common carrier by railroad subject to this part;</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>may petition the Commission for the initiation of proceedings on any matter within the jurisdiction of the Commission which involves a common carrier by railroad subject to this part;</content> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>may seek judicial review of any Commission action on any matter involving a common carrier by railroad subject to this part, to the extent such review is authorized by law for any person and on the same basis;</content> </level> <page identifier="/us/stat/90/52">90 STAT. 52</page> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>shall solicit, study, evaluate, and present before the Commission, in any proceeding, formal or informal, the views of those communities and users of rail service affected by proceedings initiated by or pending before the Commission, whenever the Director determines, for whatever reason (such as size or location), that such community or user of rail service might not otherwise be adequately represented before the Commission in the course of such proceedings; and</content> </level> <level class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>shall evaluate and represent, before the Commission and before other Federal agencies when their policies and activities significantly affect rail transportation matters subject to the jurisdiction of the Commission, and shall by other means assist the constructive representation of, the public interest in safe, efficient, reliable, and economical rail transportation services.</content> </level> <continuation class="indent0 firstIndent0 fontsize10">In the performance of its duties under this paragraph, the Office of Rail Public Counsel shall assist the Commission in the development of a public interest record in proceedings before the Commission.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Budget request and estimates, submittal to Congress and President.</p><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <content>The budget requests and budget estimates of the Office of Rail Public Counsel shall be submitted concurrently to the Congress and to the President.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>There are authorized to be appropriated to the Office of Rail Public Counsel for the purpose of carrying out the provisions of this section not to exceed $500,000 for the fiscal year ending June 30, 1976, not to exceed $500,000 for the fiscal year transition period ending September 30, 1976, and not to exceed $2,000,000 for the fiscal year ending September 30, 1977.”.</content> </paragraph> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 46.</p></sidenote> <content>Section 13 of the Interstate Commerce Act (49 U.S.C. 13), as amended by this Act, is further amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <level class="inline"><num value="a">(a) </num><content>Whenever, pursuant to section 553(e) of title 5, United States Code, an interested person (including a government entity) petitions the Commission for the commencement of a proceeding for the issuance, amendment, or repeal of an order, rule, or regulation relating to common carriers by railroads under this Act, the Commission shall grant or deny such petition within 120 days after the date of receipt of such petition. If the Commission grants such a petition, it shall commence an appropriate proceeding as soon thereafter as <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p><p class="indent0 firstIndent0 fontsize8">Civil action.</p></sidenote>practicable. If the Commission denies such a petition, it shall set forth, and publish in the Federal Register, its reasons for such denial.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>If the Commission denies a petition under subdivision (a) (or if it fails to act thereon within the 120-day period established by such subdivision), the petitioner may commence a civil action in an appropriate court of appeals of the United States for an order directing the Commission to initiate a proceeding to take the action requested in such petition. Such an action shall be commenced within 60 days after the date, of such denial or, where appropriate, within 60 days after the date of expiration of such 120-day period.</content> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>If the petitioner, in an action commenced under subdivision (b), demonstrates to the satisfaction of the court, by a preponderance of the evidence in the record before the Commission or, in an action based on a petition on which the Commission failed to act, in a new proceeding before such court, that the action requested in such petition to the Commission is necessary and that the failure of the Commission to take such action will result in the continuation of practices which are not consistent with the public interest or in accordance with this Act, such court shall order the Commission to initiate such action.</content> </level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>In any action under this paragraph, a court shall have no authority to compel the Commission to take any action other than the <page identifier="/us/stat/90/53">90 STAT. 53</page>initiation of a proceeding for the issuance, amendment, or repeal of an order, rule, or regulation under this Act.</content> </level> <level class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>As used in this paragraph, the term ‘Commission’ includes <sidenote><p class="indent0 firstIndent0 fontsize8">“Commission.”</p></sidenote>any division, individual Commissioner, administrative law judge, employee board, or any other person authorized to act on behalf of the Commission in any part of the proceeding for the issuance, amendment, or repeal of any order, rule, or regulation under this Act relating to common carriers by railroad.”.</content> </level> </paragraph> </quotedContent> </content> </subsection> </section> <section> <heading class="centered smallCaps">reform of rules of practice before the commission</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>Within 360 days after the date of enactment of this <sidenote><p class="indent0 firstIndent0 fontsize8">Submittal to congressional committees.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s17">49 USC 17 note</ref>.</p></sidenote>Act, the Commission shall study, develop, and submit to the Congress an initial proposal setting forth rules of practice under which the Commission proposes to conduct all adjudicatory and rulemaking proceedings with respect to any matter involving a common carrier by railroad subject to this part. Such rules of practice before the Commission shall be consistent with existing law, shall take into consideration the varying nature of proceedings before the Commission, and shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>specific time limits upon the filing and disposition of all complaints, applications, petitions, pleadings, motions, appeals, and rulemaking proceedings before an administrative law judge, individual Commissioner, review board, division, or panel of the Commission, or the full Commission;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>specific methods of taking testimony, receiving evidence, hearing cross-examination, and the modification of such procedures so as to facilitate the timely execution of the functions of the Commission;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>utilization of additional administrative law judges or the assignment of employees of the Office, in complex adjudicatory or ridemaking proceedings, so as to facilitate proper focus and timely resolution of the issues within the required time limits; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>specific remedies in any case of failure to observe required time limits.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Within 420 days after the date of enactment of this Act, the Administrative Conference of the United States shall submit to the Congress and to the Commission its comments on the rules of practice before the Commission proposed pursuant to subsection (a) of this section, together with such recommendations as it considers appropriate.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Within 30 days after the receipt of comments submitted pursuant <sidenote><p class="indent0 firstIndent0 fontsize8">Final proposal, submittal to Congress.</p></sidenote>to subsection (b) of this section, the Commission shall consider such comments and shall submit to the Congress a final proposal setting forth the rules of practice before the Commission with respect to matters involving common carriers by railroad. Such rules of practice shall take effect at the end of the first period of 60 calendar days of continuous session of the Congress after the date of submission of such final proposal, unless either the Senate or the House of Representatives adopts a resolution during such period stating that it does not approve such final proposal. If no resolution is adopted as provided in the preceding sentence, the Commission shall adopt such proposed rules or practice. For purposes of this subsection, continuity of session of the Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded from the computation of the 60-day period.</content> </subsection> <page identifier="/us/stat/90/54">90 STAT. 54</page> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>If either the Senate or the House of Representatives passes a resolution of disapproval under subsection (c) of this sect ion, the Commission shall develop a revised proposal setting forth the rules of practice before the Commission pursuant to this section. Within 60 days after the date of such disapproval, each such revised proposal shall be submitted to the Congress by the Commission for review pursuant to such subsection (c).</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Review.</p></sidenote> <content>The Commission shall periodically, but not less than once every 3 years, review the rules of practice adopted pursuant to subsection (c) of this section, and shall revise such rules as it considers necessary.</content> </subsection> </section> <section> <heading class="centered smallCaps">prohibiting discriminatory tax treatment of transportation property</heading> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num><content>Part I of the Interstate Commerce Act (49 U.S.C. 1 et seq.), as amended by this Act, is further amended by inserting therein a new section 28, as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="28"><inline class="smallCaps">“Sec</inline>. 28. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s26c">49 USC 26c</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Notwithstanding the provisions of section 202(b), any action described in this subsection is declared to constitute an unreasonable and unjust discrimination against, and an undue burden on, interstate commerce. It is unlawful for a State, a political subdivision of a State, or a governmental entity or person acting on behalf of such State or subdivision to commit any of the following prohibited acts:</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>The assessment (but only to the extent of any portion based on excessive values as hereinafter described), for purposes of a property tax levied by any taxing district, of transportation property at a value which bears a higher ratio to the true market value of such transportation property than the ratio which the assessed value of all other commercial and industrial property in the same assessment jurisdiction bears to the true market value of all such other commercial and industrial property.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The levy or collection of any tax on an assessment which is unlawful under subdivision (a).</content> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>The levy or collection of any ad valorem property tax on transportation property at a tax rate higher than the tax rate generally applicable to commercial and industrial property in the same assessment jurisdiction.</content> </level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>The imposition of any other tax which results in discriminatory treatment of a common carrier by railroad subject to this part.</content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">District courts, jurisdiction.</p></sidenote> <chapeau>Notwithstanding any provision of section 1341 of title 28, United States Code, or of the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of this section, except that—</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this subsection;</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>the provisions of this section shall not become effective until 3 years after the date of enactment of this section;</content> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>no relief may be granted under this section unless the ratio of assessed value to true market value, with respect to transportation property, exceeds by at least 5 per centum the ratio of assessed value to true market value, with respect to all other commercial and industrial property in the same assessment jurisdiction;</content> </level> <page identifier="/us/stat/90/55">90 STAT. 55</page> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>the burden of proof with respect to the determination of assessed value and true market value shall be that declared by the applicable State law; and</content> </level> <level class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>in the event that the ratio of the assessed value of all other commercial and industrial property in the assessment jurisdiction to the true market value of all such other commercial and industrial property cannot be established through the random-sampling method known as a sales assessment ratio study (conducted in accordance with statistical principles applicable to such studies) to the satisfaction of the court hearing the complaint that transportation property has been or is being assessed or taxed in contravention of the provisions of this section, then the court shall hold unlawful an assessment of such transportation property at a value which bears a higher ratio to the true market value of such transportation property than the assessed value of all other property in the assessment jurisdiction in which is included such taxing district and subject to a property tax levy bears to the true market value of all such other property, and the collection of any ad valorem property tax on such transportation property at a tax rate higher than the tax rate generally applicable to taxable property in the taxing district.</content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>As used in this section, the term—<sidenote><p class="indent0 firstIndent0 fontsize8">Definitions.</p></sidenote></chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>‘assessment’ means valuation for purposes of a property tax levied by any taxing district:</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>‘assessment jurisdiction’ means a geographical area, such as a State or a county, city, township, or special purpose district within such State which is a unit for purposes of determining the assessed value of property for ad valorem taxation;</content> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>‘commercial and industrial property’ or ‘all other commercial and industrial property’ means all property, real or personal, other than transportation property and land used primarily for agricultural purposes or primarily for the purpose of growing timber, which is devoted to a commercial or industrial use and which is subject to a property tax levy; and</content> </level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>‘transportation property’ means transportation property, as defined in regulations of the Commission, which is owned or used by a common carrier by railroad subject, to this part or which is owned by the National Railroad Passenger Corporation.”.</content> </level> </paragraph> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">uniform cost and revenue accounting system</heading> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <content>Paragraph (3) of section 20 of the Interstate. Commerce Act (49 U.S.C. 20(3)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3)</num> <level class="inline"><num value="a">(a) </num><content>The Commission shall, not later than June 30, 1977, issue <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>regulations and procedures prescribing a uniform cost and revenue accounting and reporting system for all common carriers by railroad subject to this part. Such regulations and procedures shall become effective not later than January 1, 1978. Before promulgating such regulations and procedures, the Commission shall consult with and solicit the views of other agencies and departments of the Federal Government, representatives of carriers, shippers, and their employees, and the general public.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>In order to assure that the most accurate cost and revenue data can be obtained with respect to light density lines, main line operations, factors relevant in establishing fair and reasonable rates, and other regulatory areas of responsibility, the Commission shall <page identifier="/us/stat/90/56">90 STAT. 56</page>identify and define the following items as they pertain to each facet of rail operations:</chapeau> <level class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>operating and nonoperating revenue accounts;</content></level> <level class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><content>direct cost accounts for determining fixed and variable cost for materials, labor, and overhead components of operating expenses and the assignment of such costs to various functions, services, or activities, including maintenance-of-way, maintenance of equipment (locomotive and car), transportation (train, yard and station, and accessorial services), and general and administrative expenses; and</content></level> <level class="firstIndent1 fontsize10"><num value="iii">“(iii) </num><content>indirect cost accounts for determining fixed, common, joint, and constant costs, including the cost of capital, and the method for the assignment of such costs to various functions, services, or activities.</content></level> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>The accounting system established pursuant to this paragraph shall be in accordance with generally accepted accounting principles uniformly applied to all common carriers by railroad subject to this part, and all reports shall include any disclosure considered appropriate under generally accepted accounting principles or the requirements of the Commission or of the Securities and Exchange Commission. The Commission shall, notwithstanding any other provision of this section, to the extent possible, devise the system of accounts to be cost effective, nonduplicative, and compatible with the present and desired managerial and responsibility accounting requirements of the carriers, and to give due consideration to appropriate economic principles. The Commission should attempt, to the extent possible, to require that such data lie, reported or otherwise disclosed only for essential regulatory purposes, including rate change requests, abandonment of facilities requests, responsibility for peaks in demand, cost of service, and issuance, of securities.</content> </level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Review.</p></sidenote> <content>In order that the accounting system established pursuant to this paragraph continue to conform to generally accepted accounting principles, compatible with the managerial responsibility accounting requirements of carriers, and in compliance with other objectives set forth in this section, the Commission shall periodically, but not less than once every 5 years, review such accounting system and revise it as necessary.</content> </level> <level class="firstIndent1 fontsize10"><num value="e">“(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <chapeau>There are authorized to be appropriated to the Commission for purposes of carrying out the provisions of this paragraph such sums as may be necessary, not to exceed $1,000,000, to be available for—</chapeau> <level class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>procuring temporary and intermittent services as authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed $250 per day plus expenses; and</content></level> <level class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><content>entering into contracts or cooperative agreements with any public agency or instrumentality or with any person, firm, association, corporation, or institution, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5).”.</content></level> </level> </paragraph> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">securities</heading> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <subsection class="inline"><num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Paragraph (6) of section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a) (6)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Any security issued by a motor carrier the issuance of which is subject to the provisions of section 214 of the Interstate Commerce <sidenote><p class="indent0 firstIndent0 fontsize8">“Interest in a railroad equipment trust.”</p></sidenote>Act, or any interest in a railroad equipment trust. For purposes of this paragraph ‘interest in a railroad equipment trust’ means any interest in an equipment trust, lease, conditional sales contract, or other <page identifier="/us/stat/90/57">90 STAT. 57</page>similar arrangement entered into, issued, assumed, guaranteed by, or for the benefit of, a common carrier to finance the acquisition of rolling stock, including motive power;”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The second sentence of section 19(a) of such Act (15 U.S.C. 77s(a)) is amended by striking out “<quotedText>j but insofar as they relate to any common carrier subject to the provisions of section 20 of the Interstate Commerce Act, as amended, the rules and regulations of the Commission <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s20">49 USC 20</ref>.</p></sidenote>with respect to accounts shall not be inconsistent with the requirements imposed by the Interstate Commerce Commission under authority of such section 20</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 214 of the Interstate Commerce Act (49 U.S.C. 314) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s77c">15 USC 77c</ref>.</p></sidenote>is amended by striking out “<quotedText>That the exemption</quotedText>” and all that follows through “<quotedText><i>And provided further</i></quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78m (b)) is amended by striking out “<quotedText>, and, in the case of carriers subject to the provisions of section 20 of the Interstate Commerce Act</quotedText>” and all that follows in such subsection, and inserting in lieu thereof “<quotedText>(except that such rules and regulations of the Commission may be inconsistent with such requirements to the extent that the Commission determines that the public interest or the protection of investors so requires).</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Paragraph (7) of section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c) (7)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>Any company (A) which is subject to regulation under section 214 or the Interstate Commerce Act, except that this exception shall not apply to a company which the Commission finds and by order declares to be primarily engaged, directly or indirectly, in the business of investing, reinvesting, owning, holding, or trading in securities, or (B) whose entire outstanding stock is owned or controlled by a company excepted under clause (A) hereof, if the assets of the controlled company consist substantially of securities issued by companies which are subject to regulation under section 214 of the Interstate Commerce Act.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The amendments made by subsection (a) of this section shall <sidenote><p class="indent0 firstIndent0 fontsize8">Effective date.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s77c">15 USC 77c note</ref>.</p></sidenote>take effect on the 60th day after the date of enactment of this Act, but shall not apply to any bona fide offering of a security made by the issuer, or by or through an underwriter, before such 60th day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The amendment made by subsection (c) of this section shall not <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s80a–3">15 USC 80a–3 note</ref>.</p></sidenote>apply to any report by any person with respect to a fiscal year of such person which began before the date of enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The amendment made by subsection (c) of this section shall <sidenote><p class="indent0 firstIndent0 fontsize8">Effective date.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s80a–3">15 USC 80a–3 note</ref>.</p></sidenote>take effect on the 60th day after the date of enactment of this Act.</content> </paragraph> </subsection> </section> <section> <heading class="centered smallCaps">rail services planning office</heading> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num><content>Section 205 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 715) is amended to read as follows: <quotedContent> <section> <heading class="centered smallCaps">“rail services planning office</heading> <num value="205"><inline class="smallCaps">“Sec</inline>. 205. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading><content>The Rail Services Planning Office is established as an office in the Commission. The Office shall function continuously pursuant to the provisions of this Act, and shall be administered by a director.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Director</inline>.—</heading><content>The Director of the Office shall be appointed for a term of 6 years by the Chairman of the Commission with the concurrence of 5 members of the Commission. He shall be appointed and compensated, without regard to the provisions of title 5, United States <page identifier="/us/stat/90/58">90 STAT. 58</page>Code, governing appointments in the competitive service, classification, and General Schedule pay rates, at a rate not in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of such title. The Director of the Office shall administer and be responsible for the discharge of the functions and duties of the Office from the date he takes office unless removed for cause by the Commission.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Powers</inline>.—</heading><content>The Director of the Office is subject to the direction of, and shall report to, such member of the Commission as the Chairman thereof shall designate. The Chairman may designate himself as that member. Such Director is authorized, with the concurrence of such member or (in case of disagreement) the Chairman of the Commission, to enter into, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5) such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the functions and duties of the Office with any person (including a government entity). Each department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States is authorized, and shall give careful consideration to a request, to furnish to the Director of the Office, upon written request, on a reimbursable basis or otherwise, such assistance as the Director deems necessary to carry out the functions and duties of the Office. Such assistance includes transfer of personnel with their consent and without prejudice to their position and rating.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Duties</inline>.—</heading><chapeau>In addition to its duties and responsibilities under other provisions of this Act and under the Railroad Revitalization <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote>and Regulatory Reform Act of 1976, the Office shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>assist the Commission in studying and evaluating any proposal, submitted to the Commission pursuant to section 5(2) or (3) or the Interstate Commerce Act (49 U.S.C. 5 (2) or (3)), for a merger, consolidation, unification or coordination project, joint use of tracks or other facilities, or acquisition or sale of assets, which involves any common carrier by railroad subject to part I of such Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>assist the Commission in developing, with respect to economic regulation of transportation, policies which are likely to result in a more competitive, energy-efficient, and coordinated transportation system which utilizes each mode of transportation to its maximum advantage to meet the transportation service needs of the Nation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>assist States and local and regional transportation agencies in making determinations whether to provide rail service continuation subsidies to maintain in operation particular rail properties, by establishing criteria for determining whether particular rail properties are suitable for rail service continuation subsidies, with such criteria to include the following considerations: rail properties are suitable if the cost of the required subsidy for such properties per year to the taxpayers is less than (A) the cost of termination of rail service over such properties measured by increased fuel consumption and operational costs for alternative modes of transportation, (B) the cost to the gross national product in terms of reduced output of goods and services, (C) the cost of relocating or assisting through unemployment, retraining, and welfare benefits to individuals and firms adversely affected thereby, and (D) the cost to the environment measured by damage caused by increased pollution;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>conduct an ongoing analysis of the national rail transportation needs, evaluate the policies, plans, and programs of the <page identifier="/us/stat/90/59">90 STAT. 59</page>Commission on the basis of such analysis, and advise the Commission of the results of such evaluation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau>within 180 days after the date of enactment of the Railroad <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote>Revitalization and Regulatory Reform Act of 1976, issue additional regulations, after conducting a proceeding in accordance with the provisions of section 553 of title 5, United States Code, which contain—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>standards for the computation of subsidies for rail passenger service (except passenger service compensation disputes subject to the jurisdiction of the Commission under section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a))), which are consistent with the compensation principles described in the final system plan and which avoid cross subsidization among commuter, intercity, and freight rail services; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>standards for the determination of emergency commuter rail passenger service operating payments pursuant to section 17 of the Urban Mass Transportation Act of 1964;<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 143.</p></sidenote></content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>determine and publish, and from time to time revise and reissue, standards for determining (A) the ‘revenue attributable to the rail properties’. (B) the ‘avoidable costs of providing service’, (C) a ‘reasonable return on the value,’and (D) a ‘reasonable management fee’, as those phrases are used in section 304 of this Act, after a proceeding in accordance with the provisions of section 553 of title 5, United States Code; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>employ and utilize the services of attorneys and such other personnel as may be required in order properly to protect the interests of those communities and users of rail service which, for whatever reason (such as their size or location) might not otherwise be adequately represented in the course of the reorganization process under this Act, until the assumption of such duties by the Office of Rail Public Counsel pursuant to section 27(4) (d) of the Interstate Commerce Act (49 U.S.C. 27(4) (d)).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Additional Duties</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Within 270 days after the date of <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, the Office shall issue additional regulations, after conducting a proceeding in accordance with section 553 of title 5, United States Code. Such regulations shall (A) develop an accounting system which will permit the collection and publication by the Corporation or by profitable railroads providing service over lines scheduled for abandonment, of information necessary for an accurate determination of the attributable revenues, avoidable costs, and operations of light density lines as operating and economic units, and (B) determine the ‘avoidable costs of providing rail freight service’, as that phrase is used insection la(6) (a) (ii) (A) of the Interstate Commerce Act. The Office <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 127.</p></sidenote>may, at any time, revise and republish the standards and regulations required by this section to incorporate changes made necessary by the accounting system developed pursuant to this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Upon the request of a State in the region, within 90 days after <sidenote><p class="indent0 firstIndent0 fontsize8">Evaluation.</p></sidenote>the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, the Office shall prepare and publish an evaluation of the economic viability of any or all light density lines within such State which are not designated for inclusion in the final system plan. Such an evaluation shall include an analysis of the actions which may be necessary to make the operation of rail services over any such line economical. The results of each such evaluation shall be trans-<sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote><page identifier="/us/stat/90/60">90 STAT. 60</page>mitted to the requesting State and published in the Federal Register, not later than 1 year after the date such request is received by the Office.”</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">equitable distribution of cars for unit train service</heading> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <content>Section 1(12) of the Interstate Commerce. Act (49 U.S.C. 1(12)), is amended by adding at the end thereof: “In applying the provisions of this paragraph, unit-train service and non-unit-train service shall be considered separate and distinct classes of service, and a distinction shall be made between these two classes of service and between the cars used in each class of service; questions of the justness and reasonableness of, or discrimination or preference or prejudice or advantage or disadvantage in, the distribution of cars shall be determined within each such class and not between them, notwithstanding <sidenote><p class="indent0 firstIndent0 fontsize8">“Unit-train service.”</p></sidenote>any other provision of section 1, 2, or 3 of this Act (49 U.S.C. 1, 2, or 3), and of section 1, 2, or 3 of the Elkins Act (49 U.S.C. 41, 42, or 43). Coal cars supplied by shippers or receivers shall not be considered a part of such carrier s fleet or otherwise counted in determining questions of distribution or car count under this paragraph or any provision of law referred to in this section. As used in this paragraph, the term ‘unit-train service’, means the movement of a single shipment of coal of not less than 4,500 tons, tendered to one carrier, on one bill of lading, at one origin, on one day, and destined to one consignee, at one plant, at one destination, via one route.”.</content> </section> <section> <heading class="centered smallCaps">appropriations request</heading> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <content>Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="j">“(j) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Transmittal to Congress.</p></sidenote> <content>Whenever the Interstate Commerce Commission submits any budget estimate or request, other budget information (including manpower needs), legislative recommendations prepared testimony for congressional hearings, or comments on legislation, to the President or to the Office of Management and Budget, it shall concurrently transmit a copy of such estimate or request to the Congress. No officer or agency of the United States shall have any authority to prohibit, impose conditions on, or in any way impair the free communication by such Commission with the Congress, its committees, or any of the Members of the Congress with respect to any budget estimate or request of the Commission.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">law revision</heading> <num value="312"><inline class="smallCaps">Sec</inline>. 312. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1 note</ref>.</p></sidenote> <content class="inline">The Commission shall prepare, or shall cause to be prepared, in whole or in part by consultants, a proposed modernization and revision of the Interstate Commerce Act, and a proposed <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC prec. 1 note</ref>.</p><p class="indent0 firstIndent0 fontsize8">Final draft, submittal to Congress.</p></sidenote>codification of all Acts supplementary to the Intel-state Commerce Act. The Commission shall submit the final draft thereof to the Congress within 2 years after the date of enactment of this Act. The final draft shall include comments on each proposed provision, significant alternative provisions considered but not recommended, and such other information as may be useful to the Congress. The final draft shall be designed to simplify the present law and to harmonize regulation among the several modes of transportation subject to regulation under the Interstate Commerce Act.</content> </section> 90 STAT. 61 <num class="centered" value="IV">TITLE IV—</num><heading class="inline">MERGERS AND CONSOLIDATIONS</heading> <section> <heading class="centered smallCaps">responsibilities of the secretary</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content>The Department of Transportation Act (49 U.S.C. 1651 et seq.) is amended by inserting after section 4 thereof the following new section 5: <quotedContent> <section> <heading class="centered smallCaps">“rail services</heading> <num value="5"><inline class="smallCaps">“Sec</inline>. 5. </num> <subsection class="inline"><num value="a">(a) </num> <content>The Secretary may develop and make available to interested <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1654">49 USC 1654</ref>.</p></sidenote>persons feasible plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail services (including, but not limited to, arrangements for joint use of tracks or other facilities and any acquisition or sale of assets) which the Secretary believes would result in a rail system which is more efficient, consistent with the public interest.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>In order to achieve a more efficient, economical, and viable rail system in the private sector, the Secretary may, upon the request of any railroad and in accordance with subsections (a) through (e) of this section, assist in planning, negotiating, and effecting a unification or coordination of operations and facilities with respect to two or more railroads.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The Secretary may conduct such studies as are deemed advisable <sidenote><p class="indent0 firstIndent0 fontsize8">Studies.</p></sidenote>to determine the potential cost savings and possible improvements in the quality of rail services which are likely to result from unification or coordination with respect to two or more railroads, through the elimination of duplicative or overlapping operations and facilities; the reduction of switching operations; utilization of the shortest, or the most efficient, and economical routes; the exchange of trackage rights; the combining of trackage and of terminal or other facilities; the upgrading of tracks and other facilities used by two or more railroads; reduction of administrative and other expenses; and any other measures likely to reduce costs and improve rail service. For purposes of studies conducted under this section and the study described in section 901 of the Railroad Revitalization and Regulatory Reform Act of 1976, each railroad shall provide such information as <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 147.</p></sidenote>may be requested by the Secretary in connection with the performance of functions under this section and such section 901. In furtherance of any of the functions or responsibilities of the Secretary under this section or such section 901, any officer or employee duly designated by the Secretary may obtain, from any railroad, information regarding the nature, kind, quality, origin, destination, consignor, consignee, and routing of property, without the consent of the consignor or consignee involved, notwithstanding the provisions of section 15(13) of the Interstate Commerce Act (49 U.S.C. 15(13)) and may, to the extent necessary or appropriate, exercise, with respect to any railroad, any of the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 713(c)), as provided therein, except <sidenote><p class="indent0 firstIndent0 fontsize8">Subpoenas.</p></sidenote>that subpoenas shall be issued under the signature of the Secretary.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>When requested by one or more railroads, the Secretary may <sidenote><p class="indent0 firstIndent0 fontsize8">Conferences.</p></sidenote>also hold conferences with respect to any proposed unification or coordination project. The Secretary may invite officers and directors of all affected railroads; representatives of employees of such railroads who may be affected; the Interstate Commerce Commission; appropriate State and local government officials, shippers, and consumer representatives: and representatives of the Federal Trade Commission and of the Attorney General to one or more such conferences with respect to such a proposal. The Secretary may mediate any dispute <page identifier="/us/stat/90/62">90 STAT. 62</page>which may arise in connection with any proposed unification or coordination project. Persons attending or represented at any such conference shall not be liable under the antitrust laws of the United States with respect to any discussion at such conference and as to any agreements reached at such conference, which are entered into with the approval of the Secretary in order to achieve or determine a plan of action to implement any such unification or coordination project.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>Whenever any railroad submits a proposal for a merger or other action the approval of which is subject to the jurisdiction of the Interstate Commerce Commission under section 5(2) of the Interstate Commerce Act (49 U.S.C. 5(2)), the Secretary may, if he has not already done so, conduct a study of such proposal in order to determine whether or not in his judgment, such proposal is in accordance with the standards set forth in section 5(2) (c) of such Act (49 U.S.C. 5(2) (c)). Whenever such proposal is the subject of an application and a proceeding before such Commission, the Secretary is authorized to appear before the Commission in any proceeding held with respect to such application.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">merger procedure</heading> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 5(2) (f) of the Interstate Commerce Act (49 U.S.C. 5(2) (f)) is amended by inserting a new sentence immediately preceding the last sentence thereof as follows: “<quotedText>Such arrangement shall contain provisions no less protective of the interests of employees than those heretofore imposed pursuant to this subdivision and those established pursuant to section 405 of the Rail Passenger Service Act (45 U.S.C. 565).</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 5(2) of the Interstate Commerce Act (49 U.S.C. 5(2)) is amended by adding at the end thereof the following two new subdivisions: <quotedContent> <subdivision class="firstIndent1 fontsize10"><num value="g">“(g) </num> <chapeau>In any case arising under this paragraph which involves a common carrier by railroad, the Commission shall—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Application.</p></sidenote> <content>within 30 days after the date on which an application is filed with the Commission and after a certified copy of such application is furnished to the Secretary of Tranportation, (A) publish notice thereof in the Federal Register, or (B) if such <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote>application is incomplete, reject such application by order, which order shall <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s17">49 USC 17</ref>.</p><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote>be deemed to be final under the provisions of section 17;</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>provide that written comments on an application, as to which such notice is published, may be filed within 45 days after the publication of such notice in the Federal Register;</content> </level> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>require that copies of any such comments shall be served upon the Secretary of Transportation and the Attorney General, each of whom shall be afforded 15 days following the date of receipt thereof to inform the Commission whether he will intervene as a party to tire proceeding, and if so, to submit preliminary views on such application;</content> </level> <level class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>require that all other applications, which are inconsistent, in whole or in part, with such applications, and all petitions for inclusion in the transaction, shall lie, filed with the Commission and furnished to the Secretary of Transportation, within 90 days after the publication of notice of the application in the Federal Register;</content> </level> <level class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>conclude any evidentiary proceedings within 240 days following the date of such publication of notice, except that in the case of an application involving the merger or control of two or more class I railroads, as defined by the Commission, the Com-<page identifier="/us/stat/90/63">90 STAT. 63</page>mission shall conclude any evidentiary proceedings not more than 24 months following the date upon which notice of the application was published in the Federal Register; and</content> </level> <level class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content>issue a final decision within 180 days following the date upon which the evidentiary proceeding is concluded.</content> </level> <continuation class="indent0 firstIndent0 fontsize10">If the Commission fails to issue a decision which is final within the <sidenote><p class="indent0 firstIndent0 fontsize8">Congressional notification.</p></sidenote>meaning of section 17 within such 180-day period, it shall notify the Congress in writing of such failure and the reasons therefor. If the Commission determines that the due and timely execution of its functions under this paragraph so requires, or that an application brought under this paragraph is of major transportation importance, it may order that the case be referred directly (without an initial decision by a division, individual Commissioner, board, or administrative law judge) to the full Commission for a decision which is final within the meaning of section 17.</continuation> </subdivision> <subdivision class="firstIndent1 fontsize10"><num value="h">“(h) </num> <content>The Secretary of Transportation may propose any modification of any transaction governed by this paragraph which involves a carrier by railroad. The Secretary shall have standing to appear before the Commission in support of any such proposed modification.”.</content> </subdivision> </quotedContent> </content></subsection> </section> <section> <heading class="centered smallCaps">expedited railroad merger procedure</heading> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 5 of the Interstate Commerce Act (49 U.S.C. 5) is amended by redesignating paragraphs (3) through (16) thereof as paragraphs (4) through (17) thereof, respectively, and by inserting therein a new paragraph (3), as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <level class="inline"><num value="a">(a) </num><content>If a merger, consolidation, unification or coordination project (as described in section 5(c) of the Department of Transportation Act), joint use of tracks or other facilities, or acquisition or sale of assets, which involves any common carrier by railroad subject to this part, is proposed by an eligible party in accordance with subdivision (b) during the period beginning on the date of enactment of this paragraph and ending on December 31, 1981, the party seeking authority for the execution or implementation of such transaction may utilize the procedure set forth in this paragraph or in paragraph (2).</content> </level> <level class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau>Any transaction described in subdivision (a) may be proposed to the Commission by—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the Secretary of Transportation (hereafter in this paragraph referred to as the ‘Secretary’), with the consent of the common carriers by railroad subject to this part which are parties to such transaction; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>any such carrier which, not less than 6 months prior to such submission to the Commission, submitted such proposed transaction to the Secretary for evaluation pursuant to subdivision (f).</content> </level> </level> <level class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau>Whenever a transaction described in subdivision (a) is proposed <sidenote><p class="indent0 firstIndent0 fontsize8">Application.</p></sidenote>under this paragraph, the proposing party shall submit an application for approval thereof to the Commission, in accordance with such requirements as to form, content, and documentation as the Commission may prescribe. Within 10 days after the date of receipt <sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote>of such an application, the Commission shall send a notice of such proposed transaction to—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the Governor of each State which may lie affected, directly or indirectly, by such transaction if it is executed or implemented;</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the Attorney General;</content> </level> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the Secretary of Labor; and</content> </level> <level class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the Secretary’ (except where the Secretary is the proposing party).</content> </level> <page identifier="/us/stat/90/64">90 STAT. 64</page> <continuation class="indent0 firstIndent0 fontsize10">The Commission shall accompany its notice to the Secretary with a request for the report of the Secretary pursuant to clause (v) of subdivision (f). Each such notice shall include a copy of such application; a summary of the proposed transaction involved, and the proposing party’s reasons and public interest justifications therefor.</continuation> </level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Hearing.</p></sidenote> <content>The Commission shall hold a public hearing on each application submitted to it pursuant to subdivision (c), within 90 days after the date of receipt of such application. Such public hearing shall be held before a panel of the Commission duly designated for such purpose by the Commission. Such panel may utilize administrative law judges and the Rail Services Planning Office in such manner as it considers appropriate for the conduct of the hearing, the evaluation of such application and comments thereon, and the timely and reasonable determination of whether it is in the public interest to grant such application and to approve such proposed transaction pursuant to subdivision (g). Such panel shall complete such hearing within 180 days after the date of referral of such application to such panel, and it may, in order to meet such requirement, prescribe such rules and make such rulings as may tend to avoid unnecessary costs or delay. Such panel shall recommend a decision and certify the record to the full Commission for final decision, within 90 days after the termination of such hearing. The full Commission shall hear oral argument on the matter so certified, and it shall render a final decision within 120 days after receipt of the certified record and recommended decision of such panel. The Commission may, in its discretion, extend any time period set forth in this subdivision, except that the final decision of the Commission shall be rendered not later than the second anniversary of the date of receipt of such an application by the Commission.</content> </level> <level class="firstIndent1 fontsize10"><num value="e">“(e) </num> <chapeau>In making its recommended decision with respect to any transaction proposed under this paragraph, the duly designated panel of the Commission shall—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>request the views of the Secretary, with respect to the effect of such proposed transaction on the national transportation policy, as stated by the Secretary, and consider the matter submitted under subdivision (f);</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>request the views of the Attorney General, with respect to any competitive or anticompetitive effects of such proposed transaction; and</content> </level> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>request the views of the Secretary of Labor, with respect to the effect of such proposed transaction on railroad employees, particularly as to whether such proposal contains adequate employee protection provisions.</content> </level> <continuation class="indent0 firstIndent0 fontsize10">Such views shall be submitted in writing and shall be available to the public upon request.</continuation> </level> <level class="firstIndent1 fontsize10"><num value="f">“(f) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Proposed transaction.</p></sidenote> <chapeau>Whenever a proposed transaction is submitted to the Secretary by a common carrier by railroad pursuant to clause (ii) of subdivision (b), and whenever the Secretary develops a proposed transaction for submission to the Commission pursuant to subdivision (c), the Secretary shall—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote> <content>publish a summary and a detailed account of the contents of such proposed transaction in the Federal Register, in order to provide reasonable notice to interested parties and the public of such proposed transaction:</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote> <content>give notice of such proposed transaction to the Attorney General and to the Governor of each State in which any part of the properties of the common carriers by railroad involved in such proposed transaction are situated;</content> </level> <page identifier="/us/stat/90/65">90 STAT. 65</page> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>conduct an informal public hearing with respect to such <sidenote><p class="indent0 firstIndent0 fontsize8">Hearing.</p></sidenote>proposed transaction and provide an opportunity for all interested parties to submit written comments;</content> </level> <level class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <chapeau>study each such proposed transaction with respect to—</chapeau> <level class="firstIndent1 fontsize10"><num value="A">“(A) </num><content>the needs of rail transportation in the geographical area affected;</content></level> <level class="firstIndent1 fontsize10"><num value="B">“(B) </num><content>the effect of such proposed transaction on the retention and promotion of competition in the provision of rail and other transportation services in the geographical area affected;</content></level> <level class="firstIndent1 fontsize10"><num value="C">“(C) </num><content>the environmental impact of such proposed transaction and of alternative choices of action;</content></level> <level class="firstIndent1 fontsize10"><num value="D">“(D) </num><content>the effect of such proposed transaction on employment;</content></level> <level class="firstIndent1 fontsize10"><num value="E">“(E) </num><content>the cost of rehabilitation and modernization of track, equipment, and other facilities, with a comparison of the potential savings or losses from other possible choices of action;</content></level> <level class="firstIndent1 fontsize10"><num value="F">“(F) </num><content>the rationalization of the rail system;</content></level> <level class="firstIndent1 fontsize10"><num value="G">“(G) </num><content>the impact of such proposed transaction on shippers, consumers, and railroad employees;</content></level> <level class="firstIndent1 fontsize10"><num value="H">“(H) </num><content>the effect of such proposed transaction on the communities in the geographical areas affected and on the geographical areas contiguous to such areas; and</content></level> <level class="firstIndent1 fontsize10"><num value="I">“(I) </num><content>whether such proposed transaction will improve rail service; and</content></level> </level> <level class="firstIndent1 fontsize10"><num value="v">“(v) </num><content>submit a report to the Commission setting forth the results <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Commission.</p></sidenote>of each study conducted pursuant to clause (iv), within 10 days after an application is submitted to the Commission pursuant to subdivision (c), with respect to the proposed transaction which is the subject of such study. The Commission shall g.ve due weight and consideration to such report in making its determinations under this paragraph.</content></level> </level> <level class="firstIndent1 fontsize10"><num value="g">“(g) </num> <chapeau>The Commission may—</chapeau> <level class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>approve a transaction proposed under this paragraph, if the Commission determines that such proposed transaction is in the public interest; and</content></level> <level class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><content>condition its approval of any such proposed transaction on any terms, conditions, and modifications which the Commission determines are in the public interest; or</content></level> <level class="firstIndent1 fontsize10"><num value="iii">“(iii) </num><content>disapprove any such proposed transaction, if the Commission determines that such proposed transaction is not in the public interest.</content></level> <continuation class="indent0 firstIndent0 fontsize10">In each such case, the decision of the Commission shall be accompanied by a written opinion setting forth the reasons for its action.”.</continuation> </level> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Section 5 of the Interstate Commerce Act (49 U.S.C. 5) is further amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (2) (a) thereof by inserting “<quotedText>or paragraph (3)</quotedText>” immediately after “<quotedText>subdivision (b)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (2) (f) thereof, by inserting immediately after “<quotedText>(2)</quotedText>” the following: “<quotedText>or paragraph (3)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in paragraph (5) thereof, as redesignated by this Act, by striking out “<quotedText>paragraph (2)</quotedText>” and inserting in lieu thereof “<quotedText>paragraphs (2) and (3)</quotedText>”, and by striking out “<quotedText>paragraph (5)</quotedText>” and inserting in lieu thereof “<quotedText>paragraph (6)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in paragraph (8) thereof, as redesignated by this Act, by striking out “<quotedText>paragraph (4)</quotedText>” and inserting in lieu thereof <page identifier="/us/stat/90/66">90 STAT. 66</page>“<quotedText>paragraph (5)</quotedText>”, and by striking out “<quotedText>(12)</quotedText>” and inserting in lieu thereof “<quotedText>(13)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>in paragraph (10) thereof, as redesignated by this Act, by striking out “<quotedText>(7)</quotedText>” and inserting in lieu thereof “<quotedText>(8)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>in paragraph (14) thereof, as redesignated by this Act, by striking out “<quotedText>(12)</quotedText>” and inserting in lieu thereof “<quotedText>(13)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>in paragraph (16), as redesignated by this Act, by striking out “<quotedText>paragraph (14)</quotedText>” and inserting in lieu thereof “<quotedText>paragraph (15)</quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>in paragraph (17), as redesignated by this Act, by striking out “<quotedText>paragraph (14)</quotedText>” and inserting in lieu thereof “<quotedText>paragraph (15)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>by striking out “<quotedText>subparagraph</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>subdivision</quotedText>”.</content> </paragraph> </subsection> </section> <num class="centered" value="V">TITLE V—</num><heading class="inline">RAILROAD REHABILITATION AND IMPROVEMENT FINANCING</heading> <section> <heading class="centered smallCaps">definitions</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s821">45 USC 821</ref>.</p></sidenote> <chapeau class="inline">As used in this title, the term—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“applicant” means any railroad, or other person (including a governmental entity) which submits an application to the Secretary for the guarantee of an obligation under which it is an obligor or for a commitment to guarantee such an obligation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“equipment” includes any type of new or rebuilt standard gauge locomotive, caboose, or general service railroad freight car the use of which is not limited to any specialized purpose by particular equipment, design, or other features. General service railroad freight car includes a boxcar, gondola, open-top or covered hopper car, and flatcar. The Secretary may designate other types of cars as equipment upon a written finding, with reasons therefor, that such designation is consistent with the purposes of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>“facilities” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>track, roadbed, and related structures, including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles, culverts, elevated structures, stations, office buildings used for operating purposes only, repair shops, enginehouses, and public improvements used or useable for rail service operations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>communication and power transmission systems, including electronic, microwave, wireless, communication, and automatic data processing systems, electrical transmission systems, powerplants, power transmission systems, powerplant machinery and equipment, structures, and facilities for the transmission of electricity for use by railroads;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>signals, including signals and interlockers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>terminal or yard facilities, including trailer-on-flatcar and container-on-flat-car terminals, express or railroad terminal and switching facilities, and services to express companies and railroads and their shippers, including ferries, tugs, carfloats, and related shoreside facilities designed for the transportation of equipment by water; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>shop or repair facilities or any other property used or capable of being used in rail freight transportation services or in connection with such services or for originating, termi-<page identifier="/us/stat/90/67">90 STAT. 67</page>nating, improving, and expediting the movement of equipment;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“Fund” means the Railroad Rehabilitation and Improvement Fund established under section 502 of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>“holder” means the obligee or creditor under an obligation, except that when a bank or trust company is acting as agent or trustee for such an obligee or creditor, the term refers to such bank or trust company;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>“obligation” means a bond, note, conditional sale agreement, equipment trust certificate, security agreement, or other obligation issued or granted to finance or refinance equipment or facilities acquisition, construction, rehabilitation, or improvement; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>“<quotedText>obligor</quotedText>” means the debtor under an obligation, including the original obligor and any successor or assignee of such obligor who is approved by the Secretary.</content> </paragraph> </section> <section> <heading class="centered smallCaps">the rail fund</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading><content>There is hereby established in the <sidenote><p class="indent0 firstIndent0 fontsize8">Railroad Rehabilitation and Improvement Fund.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s822">45 USC 822</ref>.</p></sidenote>Treasury of the United States the Railroad Rehabilitation and Improvement Fund. The Fund shall be administered by the Secretary, without the requirement of annual authorizations, in order (1) to secure the payment, when due, of the principal of, any redemption premium on, and any interest on, all Fund anticipation notes and Fund bonds, by a first pledge of and a lien on all revenues payable to and assets held in the Fund, and (2) to carry out the purposes, functions, and powers authorized in this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Purpose</inline>.—</heading><content>The purpose of the Fund is to provide capital which is necessary to furnish financial assistance to railroads, to the extend of appropriated funds, for facilities maintenance, rehabilitation, improvements, and acquisitions, and such other financial needs as the Secretary approves, in accordance with this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">General Powers</inline>.—</heading><chapeau>Tn order to achieve the objectives and to carry out the purposes of this title, the Secretary may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>issue and sell securities, including Fund anticipation notes and Fund bonds, as provided for in sections 507 and 508 of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>make and enforce such rules and regulations, and make and <sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote>perform such contracts, agreements, and commitments, as may be necessary to appropriate to carry out the purposes or provisions of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>prescribe and impose fees and charges for services by the Secretary, pursuant to this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>settle, adjust, and compromise, and, with or without consideration or benefit to the Fund, release or waive, in whole or in part, in advance or otherwise, any claim, demand, or right of, by, or against the Secretary or the Fund;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>sue and be sued, complain, and defend, in any State, Federal, or other court;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>acquire, take, hold, own, deal with, and dispose of, any property, including carrier redeemable preference shares as provided for in section 505(d) of this title; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>determine, in accordance with appropriations, the amounts to be withdrawn from the Fund and the manner in which such withdrawals shall be effected.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Assistance From Other Agencies</inline>.—</heading><content>The Secretary, with the consent of any department, establishment, or corporate or other instru-<page identifier="/us/stat/90/68">90 STAT. 68</page>mentality of the Federal Government, may utilize and act through any such department, establishment, or instrumentality. The Secretary may, with such consent, utilize the information, services, facilities, and personnel of any such department, establishment, or instrumentality, on a reimbursable basis. Each such department, establishment, and instrumentality is authorized to furnish any such assistance to the Secretary upon written request from the Secretary.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Jurisdiction</inline>.—</heading><content>Whenever the Secretary or the Fund is a party to any civil action under this title, such action shall be deemed to arise under the laws of the United States. The district courts of the United States shall have original and removal jurisdiction of any action in which the Secretary or the Fund is a party, without regard to the amount in controversy. No attachment or execution may be issued against the Secretary, the Fund, or any property thereof prior to the entry of final judgment to such effect in any State, Federal, or other court.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Contents of Fund</inline>.—</heading><chapeau>There shall lie deposited in the Fund, subject, to utilization pursuant to subsection (i) of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>funds received by the Secretary for deposit in the Fund, representing the proceeds from the issuance and sale by the Secretary to the Secretary of the Treasury of Fund anticipation notes, as provided in section 507 of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>funds as may be hereafter appropriated to the Fund, following the submission to the Congress of the Secretary’s report, under section 504 of this title, with respect to the perceived needs of the rail industry for facilities rehabilitation and improvement, projected cash shortfalls within the rail industry, and the scope and sources of long-term public sector funding for the Fund;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>funds received by the Secretary for deposit in the Fund, representing the proceeds from the issuance and sale of Fund bonds, as provided in section 508 of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>redeemable preference shares issued by a railroad and purchased by the Secretary on behalf of the Fund and funds received by the Fund representing dividends and redemption payments on such shares, as provided in sections 505(d) and 506 (a) and (b) of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>income and gains realized by the Fund from any investment of excess funds, pursuant to subsect ion (g) of this section, and the obligations or securities comprising such investments; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>any other receipts of the Fund.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <heading><inline class="smallCaps">Excess Funds Investment</inline>.—</heading><content>If the Secretary determines that the amount of money in the Fund exceeds the amount required for current needs, the Secretary may subject to sections 508 (g) and (h) of this title, direct the Secretary of the Treasury to invest such amounts as the Secretary deems advisable, for such periods as the Secretary directs, in obligations of, or obligations guaranteed by, the Government of the United States, or in such other governmental or agency obligations or other securities of the United States as the Secretary of the Treasury deems appropriate.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <heading><inline class="smallCaps">Depository</inline>.—</heading><content>The Secretary may deposit moneys of the Fund with any Federal Reserve bank, any depository for public funds, or in such other places and in such manner as the Secretary of the Treasury deems appropriate.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <heading><inline class="smallCaps">Uses</inline>.—</heading><chapeau>Moneys in the Fund shall be utilized—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to provide financial assistance to railroads for facilities maintenance, rehabilitation, improvement, and acquisition projects, and for such other financial needs as may be approved by the Secretary pursuant to section 505 of this title,</content> </paragraph> <page identifier="/us/stat/90/69">90 STAT. 69</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to effect the payment, when due, of the principal of, and any interest on, Fund anticipation notes and Fund bonds issued by the Secretary pursuant to sections 507 and 508 of this title,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to redeem, as contemplated by section 507(c) and section 508(g) of this title, Fund anticipation notes and Fund bonds, (4) in such amounts as are provided in appropriation acts, to make payment of all expenses incurred by the Secretary in carrying out his duties with respect to the Fund, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>to make transfers to the general fund of the Treasury.</content> </paragraph> </subsection> </section> <section> <heading class="centered smallCaps">classification and designation of rail lines</heading> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Traffic Density Analysis</inline>.—</heading><content>Within 90 days after <sidenote><p class="indent0 firstIndent0 fontsize8">Submittal to Secretary of Transportation.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s823">45 USC 823</ref>.</p></sidenote>the date of enactment of this Act, each railroad designated by the Commission as a class I railroad shall prepare and submit to the Secretary a full and complete analysis of the rail system operated by it. Such analysis shall indicate the traffic density for the preceding 5 calendar years on each of the main and branch rail lines of the railroad submitting such analysis. The requirements of the two preceding sentences shall not apply to any railroad subject to reorganization pursuant to the Regional Rail Reorganization Act of 1973.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s701">45 USC 701 note</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Preliminary Standards and Designations</inline>.—</heading><chapeau>Within 180 days after the date of enactment of this Act, the Secretary shall develop and publish—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the preliminary standards for classification, in at least 3 categories, of main and branch rail lines according to the degree to which they are essential to the rail transportation system; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the preliminary designations with respect to each main and branch rail line, in accordance with such standards for classification.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The classification of rail lines for purposes of this subsection shall be based on the level of usage measured in gross-ton-miles, the contribution to the economic viability of the railroad which controls such lines, and the contribution of such lines to the probable economic viability of any other railroads which participate in the traffic originating on such lines. In determining “level of usage” and “probable economic viability”, for purposes of such classification, the Secretary shall take into account operational service and other appropriate factors, and le may make reasonable allowance for differences in operation among individual railroads or groups of railroads.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Public Hearings</inline>.—</heading><content>Commencing 30 days after the date of publication of the standards and designations required under subsection (b) of this section, the Office shall conduct public hearings, at representative locations, to solicit comments and receive views on the preliminary standards for classification and on the preliminary designations. The Office shall give notice of the date, time, and place of each such <sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote>hearing, and such notices shall be designed and placed in such manner that all interested parties will have a full and fair opportunity to be heard.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Report by Office</inline>.—</heading><content>Within 120 days after the date of publication of the standards and designations required under subsection (b) of this section, the Office shall submit a report to the Secretary containing its conclusions and recommendations with respect to such preliminary standards for classification and such preliminary designations. This report shall be based on the record which was developed by the Office during the hearings under subsection (c) of this section, as supplemented by such studies as may be undertaken by the Office.</content> </subsection> <page identifier="/us/stat/90/70">90 STAT. 70</page> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Final Standards and Designations</inline>.—</heading><chapeau>Within 60 days after the date of receipt of the report required under subsection (d) of this section, the Secretary, with the cooperation and assistance of the Office, shall, after giving due consideration to such report, prepare and publish—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the final standards for classification of main and branch rail lines; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the final designations with respect to each main and branch rail line, in accordance with such standards for classification, including findings to support any material change which is made in a final designation from the corresponding preliminary designation.</content> </paragraph> </subsection> </section> <section> <heading class="centered smallCaps">capital needs study</heading> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s824">45 USC 824</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Deferred Maintenance Statement</inline>.—</heading><content>Within 180 days after the date of enactment of this Act, each railroad designated by the Commission as a class I railroad (other than a railroad subject to reorganization pursuant to the Regional Rail Reorganization Act <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s701">45 USC 701 note</ref>.</p></sidenote>of 1973) shall prepare and submit to the Secretary a full and complete statement (1) of such railroad’s deferred maintenance and delayed capital expenditures, as of December 31, 1975, and (2) of the projected amounts of appropriate maintenance to be performed and capital expenditures to be made for such railroad’s facilities, during each of the years from 1976 through 1985. Each railroad shall submit such additional information as may be required from it by the Secretary, in connection with his duties under section 503 of this title or under this section, prior to July 1, 1977, including the projected sources of and uses for the funds required by such railroad for such projected program.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Preliminary Financing Recommendations</inline>.—</heading><chapeau>Within 360 days after the date of enactment of this Act the Secretary, after giving due consideration to (1) the final designations under section 503(e) of this title, (2) the information furnished under subsection (a) of this section, and (3) any other relevant information, shall develop, publish, and transmit—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>to the Congress, preliminary recommendations as to the amount and type of carrier equity and other financing to be effected through the Fund, or through any other funding mechanism., recommended by the Secretary, based upon his view of the rail industry’s facilities rehabilitation and improvement needs, as projected through December 31, 1985; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>to the Congress and to the Secretary of the Treasury, preliminary recommendations as to the means by which the Federal share, if any, of such equity and other financing should be provided.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">In preparing such recommendations, the Secretary shall specifically consider and evaluate the public benefits and costs which would result from public ownership of railroad rights-of-way.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Transmittal to Secretary and Congress.</p></sidenote> <heading><inline class="smallCaps">Evaluation</inline>.—</heading><content>Within 90 days after the date of publication of the. Secretary’s preliminary recommendations under subsection (b) of this section, the Secretary of the Treasury shall publish and transmit to the Secretary and to the Congress his evaluation thereof and any recommendations with respect to the matters referred to in subsection (b) (3) (B) of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Transmittal to Congress.</p></sidenote> <heading><inline class="smallCaps">Final Recommendations</inline>.—</heading><content>Within 90 days after the date of receipt of the evaluation, transmitted under subsection (c) of this <page identifier="/us/stat/90/71">90 STAT. 71</page>section, the Secretary shall, after giving due consideration to such recommendations, prepare and transmit to the Congress his final recommendations with respect to the matters referred to in subsection (b) of this section.</content> </subsection> </section> <section> <heading class="centered smallCaps">rehabilitation and improvement financing</heading> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Timing</inline>.—</heading><chapeau>Any railroad may apply to the Secretary <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s825">45 USC 825</ref>.</p></sidenote>following the date of enactment of this Act, in accordance with regulations promulgated by the Secretary—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for such financial assistance as may be approved by the Secretary; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for financial assistance for facilities rehabilitation and improvement financing, except that the Secretary shall not act finally on any such application until the date of publication of the final standards and designations under section 503(e) of this title.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Application and Determination</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Each application for facilities rehabilitation and improvement financing shall set forth—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a description of the proposed facilities rehabilitation and improvement project for which such railroad is seeking financial assistance, and of the current physical condition of such facilities;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the classification of each main and branch rail line included in such project, as determined in accordance with the final standards and designations under section 503(e) of this title;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the track standard under which each such line has been and is being operated and the reasons therefor, and the safety standards and signal requirements necessary under such standard to prevent loss of life and serious accident or injury at grade crossings;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the track standard necessary, in the judgment of such railroad, to provide reliable and competitive freight service (and passenger service, where applicable) over each such line, together with such railroad’s recommendations as to (i) the most economical method of improving the physical condition of each such line to meet such track standard, (ii) the cost of providing adequate safety standards and signals, and (iii) an economic analysis of the cost of such improvements in condition and in safety standards and signals;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>such railroad’s estimate as to the cost of labor and materials, and the date of completion, and its opinion as to the priority to be accorded such portions of the proposed project as are reasonably divisible;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>the amount and kind of Federal financial assistance required by such railroad in order to complete the proposed project; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>such other information as the Secretary shall by regulation require to assist him in evaluating such application in accordance with this section or for carrying out the purposes of this title.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary shall act upon each such application within 6 months after the date on which all required information is received, except as otherwise provided in subsection (a)(2) of this section. The Secretary may approve any such application if he determines that providing the requested financial assistance is in the public interest. When making such a determination, the Secretary shall consider (A) the availability of funds from other sources at a cost which is reasonable under principles of prudent railroad financial management in light of the railroad’s projected rate of return for the project to be financed, (B) the interest of the public in supplementing such other <page identifier="/us/stat/90/72">90 STAT. 72</page>funds as may be available in order to increase the total amount of funds available for railroad financing, and (C) the public benefits to be realized from the project to be financed in relation to the public costs of such financing and whether the proposed project will return public benefits sufficient to justify such public costs. The Secretary, in granting financial assistance to any applicant, shall assign the highest priority, among applications for assistance which would return equal public benefits, to applications for assistance for providing safety improvements and signals, including underpasses or overpasses at railroad crossings at which injury or loss of life has frequently occurred or is likely to occur.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Financing Agreement</inline>.—</heading><content>Upon the approval of an application for financial assistance under this section, the Secretary shall promptly enter into an agreement with such railroad to provide financing in such amounts and at such times as is sufficient, in the judgment of the Secretary, to meet the reasonable cost, in whole or in part, of the facilities rehabilitation and improvement project which has been approved, in whole or in part. Each such agreement shall include such terms and conditions as are necessary or appropriate, in the judgment of the Secretary, to assure that the financing will be used only in the manner, and for the purposes, approved by the Secretary.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t11/s205">11 USC 205</ref>.</p></sidenote> <heading><inline class="smallCaps">Authorization</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>In the case of a railroad other than a railroad in reorganization under section 77 of the Bankruptcy Act, financing pursuant to this section shall be in the form of purchase by the Secretary of redeemable preference shares at par. Such shares shall be specifically issued for such purpose in accordance with the terms and conditions set forth in section 506 of this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2)</num> <subparagraph class="inline"> <num value="A">(A) </num><content>In the case of a railroad in reorganization under section 77 of the Bankruptcy Act, the Secretary, in order to provide financing pursuant to this section, may agree to purchase redeemable preference shares of such railroad at par as part of a plan of reorganization of such railroad approved by the court having jurisdiction over the reorganization of such railroad. Such shares shall be specifically issued in accordance with the terms and conditions set forth in section 506 of this title.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>The Secretary, in order to provide financing pursuant to this section, may also purchase certificates issued under section 77(c) (3) of the Bankruptcy Act by a trustee of a railroad in reorganization and approved by the reorganization court, under such terms and conditions as may be approved by the Secretary and the reorganization court. In purchasing such trustee certificates or at any time thereafter, the Secretary may agree with the trustee of such railroad in reorganization, subject to the approval of the reorganization court, to exchange such certificates for redeemable preference shares issued, in accordance with the terms and conditions set forth in section 506 of this title, in connection with a plan of reorganization approved by the reorganization court. No certificate shall be purchased under this section unless and until the Secretary makes a finding in writing that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>such certificates cannot otherwise be sold at a reasonable rate of interest;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the project to be financed can reasonably lie expected to be maintained as part of a financially self-sustaining railroad system; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>the probable value of the assets of the railroad in the event of liquidation provides reasonable protection to the United States.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The total par value of the redeemable preference shares and the amount of trustee certificates which the Secretary may purchase from the proceeds received from the issuance and sale of Fund anticipation <page identifier="/us/stat/90/73">90 STAT. 73</page>notes shall not exceed $600,000,000. Not more than $100,000,000 of such proceeds may be used to purchase trustee certificates.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Future Purchases of Redeemable Preference Shares</inline>.—</heading><chapeau>The total par value of the redeemable preference shares which the Secretary may purchase under this title after September 30, 1978, shall be determined by the Congress following the receipt by the Congress of the Secretary’s recommendations as to the scope and sources of funding of the Fund or any recommended alternative financing mechanism, as submitted pursuant to section 504 of this title, except that—</chapeau><paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the amount of the Secretary’s investment in redeemable preference shares in any fiscal year (out of proceeds other than those derived through the issuance and sale of Fund anticipation notes) shall not, when added to the amount of his prior investment in such shares, exceed 200 percent of the aggregate principal amount of the Fund bonds which (A) have been issued by the Secretary prior to such fiscal year, and (B) are projected to be issued by the Secretary through the end of such fiscal year; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>neither redemptions of Fund bonds nor their payment at scheduled maturity shall have any bearing on the limitation in paragraph (1) of this subsection.</content> </paragraph> </subsection> </section> <section> <heading class="centered smallCaps">redeemable preference shares</heading> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Characteristics</inline>.—</heading><chapeau>The redeemable preference shares <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s826">45 USC 826</ref>.</p></sidenote>acquired by the Secretary pursuant to section 505(d) of this title are securities which are issued by a railroad for the purpose of obtaining financing under this title. Each such redeemable preference share—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>shall be nonvoting and shall have a par value of $10,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>shall be senior in right (i) to all common stock of the issuing railroad, whenever issued, (ii) to any previously issued preferred stock where such seniority does not mitigate any rights of the holders of such stock accorded by the terms and conditions of such stock, and (iii) to any subsequently issued preferred stock, with respect to dividend and redemption payments and in case of liquidation or dissolution of such railroad, but shall be otherwise subordinate in such matters to any of such railroad’s previously issued and outstanding securities which rank ahead of its common stock and shall be subordinate to all securities other than common stock received in exchange as a part of a court approved reorganization plan under section 77 of the Bankruptcy Act (11 U.S.C. 205) approved after the date of enactment of this sentence for previously incurred senior debt or previously issued and outstanding securities which ranked ahead of its common stock;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>shall accrue dividends, commencing on the 10th anniversary date of the date of its original issuance, at such rate as shall be fixed by the Secretary for each issuance prior to the issuance thereof and which, when added to the amount of the mandatory redemption payments under subparagraph (4) of this paragraph, shall return to the Fund not less than 150 percent of the aggregate par value thereof, over the scheduled life of the issue and in annual payments which shall be as nearly equal as practicable; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>shall be subject to mandatory redemption, at par, commencing not earlier than the 6th and not later than the 11th (as determined by the Secretary for each issuance) anniversary date of the date of its original issuance, in annual amounts which shall, over the period ending (as determined by the Secretary for <page identifier="/us/stat/90/74">90 STAT. 74</page>each issuance) not later than the 30th anniversary date of the date of its original issuance, aggregate the total par value of such share.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Deposit</inline>.—</heading><content>All redeemable preference shares which are acquired by the Secretary pursuant to section 505(d) of this title shall, upon such acquisition, be deposited in the Fund.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Overdue Payments</inline>.—</heading><content>Whenever any dividend or redemption payment which is due on redeemable preference shares issued by any railroad remains unpaid for a period of 4 months, the Secretary shall be entitled to appoint two members to the Board of Directors of such railroad. The term of office of such members shall not extend beyond the period during which such dividend or redemption payments remains unpaid.</content> </subsection> </section> <section> <heading class="centered smallCaps">fund anticipation notts</heading> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s827">45 USC 827</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>The Secretary shall, until September 30, 1978, issue and sell, and the Secretary of the Treasury until such date shall, to the extent of appropriated funds, purchase Fund anticipation notes in an aggregate principal amount of not more than $600,000,000, in order to provide financial assistance to railroads for such financing needs as the Secretary approves.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Terms of Issue</inline>.—</heading><content>Fund anticipation notes shall be issued in denominations of $100,000 (or any integral multiple thereof), upon such terms and conditions, with such maturities, such rates of interest, if any, and such redemption premiums, if any, as the Secretary in his sole discretion may determine. The date of maturity of each Fund anticipation note may not exceed 7 years from the date of its issuance.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Redemption</inline>.—</heading><content>If the Congress, following its receipt of the recommendations of the Secretary pursuant to section 504(d) of this title (with respect to the amount of facilities rehabilitation and improvement financing which should be effected through the Fund and the method of long-term public sector funding therefor) authorizes the issuance of Fund bonds, the Secretary shall redeem the Fund anticipation notes then outstanding, in such manner, and over such period of time, as the Secretary shall determine, from the proceeds of the sale of such Fund bonds and from such other public sector moneys as have been appropriated to the Fund.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Remittance and Termination</inline>.—</heading><content>If the Congress does not, on or before September 30, 1978, enact legislation of the type referred to in subsection (c) of this section, the Secretary shall hold in trust all redeemable preference shares issued by railroads which are held in the Fund, and the Fund shall thereupon terminate.</content> </subsection> </section> <section> <heading class="centered smallCaps">fund bonds</heading> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s828">45 USC 828</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Issuance</inline>.—</heading><chapeau>The Secretary may, following enactment of the legislation referred to in section 507(c) of this title, issue Fund bonds in denominations of $100,000 (or any integral multiple thereof), in such total amounts as may be authorized by the Congress. No Fund bonds—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>shall be issued which mature in less than 8, or more than 15, years from the date of original issuance thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>shall be issued later than the 10th anniversary of the date of publication of the final standards and designations under section 503 (e) of this title; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>shall, except as otherwise provided pursuant to subsections (d) (6) and (g) of this section, be subject to redemption (at the option of the, Secretary) (A) at any time prior to the 10th anni-<page identifier="/us/stat/90/75">90 STAT. 75</page>versary of the date of original issuance thereof, and (B) at any time thereafter.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Pledge and Lien</inline>.—</heading><content>The Secretary, subject to sections 502(g) and 508(g) of this title, shall impose a first pledge of, and a first lien on, all revenues payable to, and assets held in, the Fund, and appropriated for the use of the Secretary pursuant to this title. The Secretary may impose such a pledge of and lien on all other revenues or property of the Fund. The purpose of any such pledge and lien shall be to secure the payment, when due, of the principal of, any redemption premiums on, and any interest on, all Fund anticipation notes and Fund bonds, and for other purposes incidental thereto. Such incidental purposes may include the creation of reserve and other funds which may be similarly pledged and used, to such extent and in such manner as the Secretary deems necessary or desirable. Any pledge made by the Secretary shall be valid and binding from the time it is made. The revenues and assets held in the Fund, and the revenues or property of the Fund which are so pledged and which are subsequently received by the Fund, shall immediately be subject to the lien of such pledge without any physical delivery thereof or any further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind, in tort, contract, or otherwise, against the Secretary or the Fund, without regard to whether such parties have notice thereof. No instrument by which a pledge is created need be recorded or filed to protect such pledge.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Enhancement of Marketability</inline>.—</heading><content>The Secretary may enter into binding covenants with the holders of Fund bonds, and with the trustee, if any, under any agreement entered into in connection with the issuance of such bonds with respect to (1) the establishment of reserves, and other funds; (2) stipulations concerning the subsequent issuance of obligations; and (3) such other matters as the Secretary deems necessary or desirable to enhance the marketability of Fund bonds.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Specific Determinations</inline>.—</heading><chapeau>Subject to subsection (a) of this section, the Secretary may determine, with respect to Fund bonds—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the form and denominations in which they shall be issued;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the time, when they shall be sold, and in what amounts;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the time when they shall mature;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the price thereof at sale;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the rate of interest thereon;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>whether, and in what manner, they may be redeemed prior to the date when they mature; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>whether they shall be negotiable or nonnegotiable and whether they shall be bearer or registered instruments, and any indentures or covenants relating thereto.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Characteristics</inline>.—</heading><chapeau>Fund bonds issued by the Secretary under this section shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>contain a recital that they are issued under this section, which shall be conclusive evidence as to the validity and regularity of issuance and sale of such Fund bonds;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>be subject to such other terms and conditions as the Secretary may, by the resolution authorizing their issuance, determine;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>be lawful investments and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of any officer or agency of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>not be exempted from Federal, State, and local taxation; and</content> </paragraph> <page identifier="/us/stat/90/76">90 STAT. 76</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>not be debts or enforceable general obligations of, nor shall payment of the principal thereof or interest thereon be guaranteed by, the United States. Neither the full faith and credit, nor the general taxing power, of the Federal Government shall be pledged to the payment of the principal of, any premium on, or interest on, such Fund bonds.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">No Personal Liability</inline>.—</heading><content>Neither the Secretary, nor any other individual, who executes any Fund anticipation notes or Fund bonds, shall be subject to any personal liability or accountability by reason of the issuance of any such notes or bonds.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <heading><inline class="smallCaps">Redemption and Transfer</inline>.—</heading><content>If, after the 10th anniversary date of the original issuance of the initial series of Fund bonds, the amount in the Fund, exclusive of the value of any redeemable preference shares held by the Fund, exceeds 250 percent of the amount required to satisfy amounts due in the succeeding fiscal year on account of Fund bonds, the Secretary may use such excess to redeem Fund bonds in accordance with their terms or may withdraw all or part of such excess from the Fund and transfer it to the general fund of the United States. When all Fund bonds have been redeemed, all amounts remaining in the Fund or thereafter accruing to it shall be transferred to the general fund of the United States, except to the extent necessary to covei’ such expenses of the Fund as may be required to carry on and complete any remaining responsibilities.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <heading><inline class="smallCaps">Purchase by Secretary</inline>.—</heading><content>The Secretary, subject to such agreements with holders of Fund bonds as may then exist, is authorized (out of any funds available) to purchase Fund anticipation notes or Fund bonds. Upon any such purchase, such bonds and notes shall be canceled.</content> </subsection> </section> <section> <heading class="centered smallCaps">authorizations</heading> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s829">45 USC 829</ref>.</p></sidenote> <content class="inline">There is authorized to be appropriated to the Secretary of the Treasury for the purposes of the Fund not to exceed $600,000,000 and the Secretary of the Treasury is authorized and directed to purchase, from time to time, prior to September 30, 1978, from the Secretary, out of such moneys in the Treasury as are appropriated under this sentence. Fund anticipation notes in such aggregate principal amounts, subject to the foregoing limitation, as the Secretary may so offer for sale. No money in the Fund, regardless of source, shall be obligated, expended, or otherwise committed to any purpose from the Fund prior to or after September 30, 1978, without prior approval thereof in an annual appropriations Act. The Fund shall not qualify as one of the exceptions provided in section 401(d) of the Congressional Budget and Impoundment Control Act of 1974 (31 U.S.C. 1351(d)).</content> </section> <section> <heading class="centered smallCaps">exemption</heading> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s830">45 USC 830</ref>.</p></sidenote> <content class="inline">Neither the provisions of section 20a of the Interstate Commerce Act (49 U.S.C. 20a), nor the registration and prospectus delivery requirements of the Securities Act of 1933, nor the provisions of the securities laws of any State, shall be applicable to the issuance and sale of redeemable preference shares by railroads under this title.</content> </section> <section> <heading class="centered smallCaps">guarantee of obligations</heading> <num value="511"><inline class="smallCaps">Sec</inline>. 511. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s831">45 USC 831</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>The Secretary may, in accordance with the provisions of this section, guarantee and make commitments to guarantee the payment of the principal balance of, and any interest on, an obligation of an applicant prior to, on, or after the date of execu-<page identifier="/us/stat/90/77">90 STAT. 77</page>tion or the date of disbursement of such obligation, if the proceeds of such obligation shall be or have been used to acquire or to rehabilitate and improve facilities or equipment. Each guarantee of such an obligation shall be made in accordance with the provisions of sections 511 rough 513 of this title and such rules as the Secretary may prescribe to protect reasonably the interest of the United States. Each application for the guarantee of such an obligation or for a commitment to guarantee such an obligation shall be made in writing to the Secretary m such form and with such content as the Secretary prescribes. Such application shall be granted, in whole or in part, if the Secretary determines that the proposed, negotiated, or executed obligation is eligible for such guarantee. Each such guarantee or commitment to guarantee shall be extended in such form, under such terms and conditions, and pursuant to such regulations as the Secretary deems appropriate, consistent with the purposes of this title. Such a guarantee or commitment to guarantee shall inure to the benefit of the holder of the obligation to which such guarantee or commitment to guarantee applies.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Fund</inline>.—</heading><content>An obligation guarantee fund shall be established and <sidenote><p class="indent0 firstIndent0 fontsize8">Obligation guarantee fund.</p><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote>administered by the Secretary as a revolving fund to carry out the provisions of sections 511 through 513 of this title. Moneys m the obligation guarantee fund shall be deposited in the Treasury of the United States to the credit of such fund or invested in bonds or other obligations of the United States approved by the Secretary of the Treasury.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Valuation</inline>.—</heading><content>Before granting any application for a guarantee or a commitment to guarantee any obligation, the Secretary shall make a determination of the value of the facilities or equipment which are or will be financed or refinanced by such obligation. Such determination of value shall be conclusive and not subject to review in any court.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Modifications</inline>.—</heading><content>The Secretary may approve any modification of any provision of a guarantee, or of a commitment to guarantee an obligation, including the rate of interest, time of payment of interest or principal, security, or any other terms and conditions, if the Secretary makes a finding in writing that such modification is equitable and is in the overall best interests of the United States under this title, and that the holder of such obligation consents to such modification.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Extent of Authority</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The aggregate unpaid principal amounts of obligations which may lie guaranteed by the Secretary under this section shall not exceed $1,000,000,000 at any one time, of which not to exceed $150,000,000 may be guaranteed for the purposes described in paragraph (2) of this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Obligations may be guaranteed for the purpose of improving rail properties designated in the final system plan pursuant to section 206(c) (1) (C) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C)), if the proceeds of such obligations shall be or have been used to acquire or rehabilitate, and improve facilities or equipment in a manner that returns the most public benefits for the costs involved.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Rate of Interest</inline>.—</heading><content>The rate of interest (exclusive of premium charges for a guarantee and service fees) which shall lie paid on the unpaid principal balance of each obligation guaranteed by the Secretary under this section, shall not exceed an annual percentage rate which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates for similar obligations in the private market.</content> </subsection> <page identifier="/us/stat/90/78">90 STAT. 78</page> <subsection class="indent0 fontsize10"><num value="g">(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote> <heading><inline class="smallCaps">Notice</inline>.—</heading><content>Upon receipt of an application for the guarantee of an obligation under this section, the Secretary shall cause a notice of such application to be published in the Federal Register and shall invite and afford interested persons an opportunity to submit comments on such application.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <heading><inline class="smallCaps">Perquisites for Guarantees</inline>.—</heading><chapeau>No obligation shall be guaranteed and no commitment shall be made to guarantee any obligation under this section, unless and until the Secretary makes a finding in writing that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an obligation for equipment acquisition, rehabilitation, or improvement is secured by the particular equipment which is to be financed or refinanced by such obligation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>payment of the obligation is required by its terms to be made within 25 years from the date of its execution;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the financing or refinancing is justified by the present and probable future demand for rail services to be rendered by the applicant and will serve to meet demonstrable needs for rail services and to provide shippers with improved service;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, or improved with the proceeds of the obligation will be economically and efficiently utilized;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the probable value of any equipment or facilities to be improved, rehabilitated, or acquired is sufficient to provide the United States with reasonable security and protection in the event of default by the obligor, in the case of repossession by the holder of the obligation or in the case of possession or purchase by the Secretary; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the transaction will result in an improvement in the ability of any affected railroad to transport passengers or freight.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <heading><inline class="smallCaps">General, Requirement</inline>.—</heading><content>The recipients of any guarantees of, or of any commitments to guarantee, an obligation under this section, shall, consistent with their capital resources, maintain their facilities, on a continuing basis, in accordance with standards promulgated <sidenote><p class="indent0 firstIndent0 fontsize8">Periodic inspection.</p></sidenote>under this subsection. The Secretary shall assure compliance with this requirement by regular periodic inspection.</content> </subsection> <subsection class="indent0 fontsize10"><num value="j">(j) </num> <heading><inline class="smallCaps">Conditions of Guarantees</inline>.—</heading><chapeau>No guarantee of, and no commitment to guarantee, an obligation may be granted, approved, or extended under this section, unless the obligor first agrees in writing that so long as any principal or interest is due and payable on such obligation—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>there will be no increase in discretionary dividend payments over the average ratio which such payments bore to earnings for the applicable fiscal period during the 5 years preceding such proposed increase, without prior approval of such increase by the Secretary;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the obligor will not use assets or revenues (other than cash) related to or derived from railroad operations in non-railroad enterprises, without prior approval in writing from the Secretary; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the obligor will take all reasonable and practicable steps possible, in accordance with such guidelines as may be established by the Secretary, to improve the equitable distribution and efficient and expeditious use of all equipment and facilities in order to improve rail service.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Hearing.</p></sidenote>Approval under paragraph (1) or (2) of this subsection may only be granted if, after a public hearing with an opportunity for interested persons to submit comments, the Secretary makes a written finding <page identifier="/us/stat/90/79">90 STAT. 79</page>that such increase in dividends (or such use of assets or revenues) will not materially affect the ability of the obligor to comply with the requirements of this section.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="k">(k) </num> <heading><inline class="smallCaps">Breach of Conditions</inline>.—</heading><content>The Attorney General shall commence a civil action in any appropriate district court of the United States to enjoin any activity which the Secretary finds is in violation of any requirement or condition specified in subsection (i) or (j) of this section, and to secure any other appropriate relief, including termination, suspension, and punitive damages.</content> </subsection> <subsection class="indent0 fontsize10"><num value="l">(l) </num> <heading><inline class="smallCaps">Investigation Charge</inline>.—</heading><content>The Secretary shall charge and collect from each applicant such amounts as he (teems reasonable for the investigation of any application submitted under this section, for appraisal of the value of the equipment or facilities involved, and for making the necessary determinations and findings. Such charges shall not aggregate more than one-half of 1 percent of the principal amount of the obligation with respect to which the applicant seeks a guarantee or commitment to guarantee.</content> </subsection> <subsection class="indent0 fontsize10"><num value="m">(m) </num> <heading><inline class="smallCaps">Premium Charge</inline>.—</heading><content>The Secretary shall assess and collect from the obligor an annual premium charge on each obligation guaranteed under this section. The amount of such premium may not exceed an annual rate of 1 percent on the unpaid principal Balance of such obligation at the time payment is due. Payment is due initially when the obligation is guaranteed by the Secretary’, and, thereafter, on the anniversary date of such guarantee,</content> </subsection> <subsection class="indent0 fontsize10"><num value="n">(n) </num> <heading><inline class="smallCaps">Administrative Costs</inline>.—</heading><content>All moneys received by the Secretary under this section shall lie deposited in the obligation guarantee fund, and to the extent provided in appropriation acts, may be used by the Secretary to pay administrative costs and expenses incurred by him pursuant to this section.</content> </subsection> </section> <section> <heading class="centered smallCaps">issuance of notes or obligations</heading> <num value="512"><inline class="smallCaps">Sec</inline>. 512. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Authorization</inline>.—</heading><content>The Secretary may issue, in such <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s832">45 USC 832</ref>.</p></sidenote>amounts as are provided in appropriation acts, notes or other obligations to the Secretary of the Treasury, in such forms and denominations bearing such maturities, and subject to such terms and conditions as the Secretary may prescribe. Such obligations may be issued whenever the moneys in the obligation guarantee fund are not sufficient to pay any amount which the Secretary is required to pay under section 513 of this title. Such obligations shall bear interest at a rate to be <sidenote><p class="indent0 firstIndent0 fontsize8">Interest rate.</p></sidenote>determined by the. Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States on comparable maturities during the month preceding the issuance of such obligations. The Secretary of the Treasury shall purchase any such obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774</ref>.</p></sidenote>The purposes for which securities may be issued under such Act are extended to include any purchase of notes or other obligations issued under this subsection. The Secretary of the Treasury may sell any such obligations at such times and price and upon such terms and conditions as he shall determine in his discretion. All purchases, redemptions, and sales of such obligations by such Secretary shall lie treated as public debt transactions of the United States. Moneys obtained under this subsection shall be deposited in the obligation guarantee fund, and redemptions of any such obligations shall be made by the Secretary from such fund.</content> </subsection> <page identifier="/us/stat/90/80">90 STAT. 80</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Validity</inline>.—</heading><content>No guarantee or commitment to guarantee under section 511 of this title may be terminated, suspended, canceled, or otherwise revoked, except in accordance with lawful terms and conditions prescribed by the Secretary. Such a guarantee or commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of such sections of this title, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment to guarantee shall be valid and incontestable in the hands of the holder thereof, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading><content>As used in this section, the term “Secretary of the Treasury” includes any designated representative of such Secretary.</content> </subsection> </section> <section> <heading class="centered smallCaps">default on guaranteed obligations</heading> <num value="513"><inline class="smallCaps">Sec</inline>. 513. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s833">45 USC 833</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>If there is a default by the obligor in any payment of principal or interest due under an obligation guaranteed under section 511 of this title, and if such default continues for 30 days, the holder of such obligat ion or his agent has the right to demand payment by the Secretary of the unpaid interest on, and the unpaid principal of, such obligation consistent with the terms of the guarantee of such obligation. Such payment may be demanded after or before the expiration of such period as may lie specified in the guarantee or related agreements, but not later than 90 days from the date of such default. Within such specified period, but not later than 60 days from the date of such demand, the Secretary shall pay to such holder the unpaid interest on, and the unpaid principal of, such obligation, consistent with the terms of the guarantee of such obligation, except that (1) the Secretary shall not be required to make any such payment if he finds, prior to the expiration of such period, that there was no default by the obligor in the payment of interest or principal or that such default has been remedied, and (2) no such holder shall receive payment or be entitled to retain payment in a total amount which, together with an other recovery (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Rights of the Secretary</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>If the Secretary makes payment to a holder under subsection (a) of this section, the Secretary shall thereupon—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>have all of the rights granted to him by law or agreement with the obligor; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>be subrogated to all of the rights which were granted such holder, by law, assignment, or security agreement between such holder and the obligor.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary may, in his discretion, complete, recondition reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained by him pursuant to this section. The terms of any such sale or other disposition shall be as approved by the Secretary.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Form of Payment</inline>.—</heading><content>Any amount required to be paid by the Secretary pursuant to subsection (a) of this section shall be paid in cash.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Action Against Obligor</inline>.—</heading><content>If there is a default by the obligor in any payment due under an obligation guaranteed under section 511 of this title, the Secretary shall take such action against such obligor <page identifier="/us/stat/90/81">90 STAT. 81</page>or any other person as is, in his discretion, necessary or appropriate to protect the interests of the United States. Such an action may be brought in the name of the United States or in the name of the holder of such obligation. Such holder shall make available to the Secretary all records and evidence necessary to prosecute any such suit. The Secretary may, in his discretion, accept a conveyance of property in full or partial satisfaction of any sums owed to him. If the Secretary receives, through the sale of property, an amount greater than his cost and the amount paid to the holder under subsection (a) of this section, he shall pay such excess to the obligor.</content> </subsection> </section> <section> <heading class="centered smallCaps">audit of transactions</heading> <num value="514"><inline class="smallCaps">Sec</inline>. 514. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>The Comptroller General of the United <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s834">45 USC 834</ref>.</p></sidenote>States is authorized to audit the operations of the Fund and of the obligation guarantee fund in accordance with such rules and regulations as he may prescribe. Any such audit shall be conducted at the place or places where accounts of the Fund or of the obligation guarantee fund are normally kept. The representatives of the Comptroller General shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to, or in use by or in connection with the Fund, the obligation guarantee fund, or the Secretary which pertain to the financial transactions of the Fund or the obligation guarantee fund and which are necessary to facilitate an audit. Such representatives shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, things, and property shall remain in the possession and custody of the Fund, the obligation guarantee fund, or the Secretary, as the case may be.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Access to Information</inline>.—</heading><content>The representatives of the Comptroller General shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by any person or entity which has entered into a financial transaction with or involving the Fund, the obligation guarantee fund, or the Secretary, under this title, to the extent deemed necessary by the Comptroller General to facilitate any audit of financial transactions pursuant to subsection (a) of this section. Such representatives shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. All such property of such person or entity shall, to the extent practicable, remain in the possession and custody of such person or entity.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Report</inline>.—</heading><content>The Comptroller General shall make a report of each such audit to the Congress. Such report shall contain all comments and information which the Comptroller General deems necessary to inform Congress of the financial operations and condition of the Fund and of the obligation guarantee fund and any recommendations which he deems advisable. Such report shall indicate specifically and describe in detail any program, expenditure, or other financial transaction or undertaking observed in the course of such audit which the Comptroller General deems to have been carried on or made without lawful authority or which is inconsistent with the purposes and provisions of this title. A copy of such report shall be furnished to the President, the Secretary, and the Commission, at the time it is submitted to the Congress.</content> </subsection> </section> <page identifier="/us/stat/90/82">90 STAT. 82</page> <section> <heading class="centered smallCaps">annual report</heading> <num value="515"><inline class="smallCaps">Sec</inline>. 515. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s835">45 USC 835</ref>.</p></sidenote> <content class="inline">The Secretary shall report to the Congress within 90 days following the end of each fiscal year on the financial condition and operations of the Fund and of the obligation guarantee fund during such fiscal year, and on the anticipated condition and operations of the Fund and of the obligation guarantee fund during the current fiscal year.</content> </section> <section> <heading class="centered smallCaps">employee protection</heading> <num value="516"><inline class="smallCaps">Sec</inline>. 516. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s836">45 USC 836</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>Fair and equitable arrangements shall be provided, in accordance with this section, to protect the interests of any employees not otherwise protected under title V of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et seq.), who may be affected by actions taken pursuant to authorizations or approval obtained under this title. Such arrangements shall be determined by the execution of an agreement between the representatives of the railroads and the representatives of their employees, within 120 days after the date of enactment of this title. In the absence of such an executed agreement, the Secretary of Labor shall prescribe the applicable protective arrangements, within 150 days after the date of enactment of this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Terms</inline>.—</heading><chapeau>The arrangements required by subsection (a) of this section shall apply to each employee who has an employment relationship with a railroad on the date on which such railroad first applies for applicable financial assistance under this title. Such arrangements shall include such provisions as may be necessary for the negotiation and execution of agreements as to the manner in which the protective arrangements shall be applied, including notice requirements. Such agreements shall be executed prior to implementation of work funded from financial assistance under this title. If such an agreement is not reached within 30 days after the date on which an application for such assistance is approved, either party to the dispute may submit the issue for final and binding arbitration. The decision on any such arbitration shall be rendered within 30 days after such submission. Such arbitration decision shall in no way modify the protection afforded in the protective arrangements established pursuant to this section, shall be final and binding on the parties thereto, and shall become a part of the agreement. Such arrangements shall also include such provisions as may be necessary—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for the preservation of compensation (including subsequent general wage increases, vacation allowances, and monthly compensation guarantees), rights, privileges, and benefits (including fringe benefits such as pensions, hospitalization, and vacations, under the same conditions and so long as such benefits continue to be accorded to other employees of the employing railroad in active service or on furlough, as the case may be) to such employees under existing collective-bargaining agreements or otherwise;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to provide for final and binding arbitration of any dispute which cannot be settled by the parties, with respect to the interpretation, application, or enforcement of the provisions of the protective arrangements;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to provide that an employee who is unable to secure employment by the exercise of his or her seniority rights, as a result of actions taken with financial assistance obtained under <page identifier="/us/stat/90/83">90 STAT. 83</page>this title, shall be offered reassignment and, where necessary, retraining to fill a position comparable to the position held at the time of such adverse effect and for which he is, or by training and retraining can become, physically and mentally qualified, so long as such offer is not in contravention of collective bargaining agreements relating thereto; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to provide that the protection afforded pursuant to this section shall not be applicable to employees benefited solely as a result of the work which is financed by funds provided pursuant to this title.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Subcontracting</inline>.—</heading><content>The arrangements which are required to be negotiated by the parties or prescribed by the Secretary of Labor, pursuant to subsections (a) and (b) of this section, shall include provisions regulating subcontracting by the railroads of work which is financed by funds provided pursuant to this title.</content> </subsection> </section> <section> <heading class="centered smallCaps">intercity rail passenger service</heading> <num value="517"><inline class="smallCaps">Sec</inline>. 517. </num> <content>The Secretary is authorized, pursuant to the provisions <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s837">45 USC 837</ref>.</p></sidenote>of, and within the authorizations contained in, this title, to provide financial assistance, in the aggregate sum of up to $200,000,000, to any railroad or railroads for the purpose of improving intercity rail passenger service on any lines of such railroad or railroads which are located outside of the Northeast Corridor (as defined in section 701 (c) of this Act).<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 119.</p></sidenote></content> </section> <num class="centered" value="VI">TITLE VI—</num><heading class="inline">IMPLEMENTATION OF THE FINAL SYSTEM PLAN</heading> <section> <heading class="centered smallCaps">general</heading> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <subsection class="inline"><num value="a">(a) </num> <content>Unless otherwise specified, whenever, in this title, an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or provision of “such Act”, the section or other provision amended or repealed is a section of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The table of contents of such Act is amended to read as follows: <quotedContent> <heading class="centered">“<inline class="smallCaps">table of contents</inline></heading> <toc> <referenceItem role="title"><designator class="centered">“TITLE I—</designator> <label class="centered">GENERAL PROVISIONS</label></referenceItem> <referenceItem role="section"><designator>“Sec. 101.</designator> <label>Declaration of policy.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 102.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="title"><designator class="centered">“TITLE II—</designator> <label class="centered">UNITED STATES RAILWAY ASSOCIATION</label></referenceItem> <referenceItem role="section"><designator>“Sec. 201.</designator> <label>Formation and structure.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 202.</designator> <label>General powers and duties of the Association.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 203.</designator> <label>Access to Information.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 204.</designator> <label>Report</label></referenceItem> <referenceItem role="section"><designator>“Sec. 205.</designator> <label>Rail Services Planning Office.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 206.</designator> <label>Final system plan.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 207.</designator> <label>Adoption of final system plan.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 208.</designator> <label>Review by Congress.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 209.</designator> <label>Judicial review.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 210.</designator> <label>Obligations of the Association.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 211.</designator> <label>Loans.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 212.</designator> <label>Records, audit, and examination.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 213.</designator> <label>Emergency assistance pending implementation.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 214.</designator> <label>Authorization for appropriations.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 215.</designator> <label>Maintenance and Improvement of plant.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 216.</designator> <label>Purchase of debentures and series A preferred stock.</label></referenceItem> <page identifier="/us/stat/90/84">90 STAT. 84</page> <referenceItem role="title"><designator class="centered">“TITLE III—</designator> <label class="centered">CONSOLIDATED RAIL CORPORATION</label></referenceItem> <referenceItem role="section"><designator>“Sec. 301.</designator> <label>Formation and structure.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 302.</designator> <label>Powers and duties of the Corporation.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 303.</designator> <label>Valuation and conveyances of rail properties.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 304.</designator> <label>Termination and continuation of rail services.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 305.</designator> <label>Continuing reorganization; supplemental transactions.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 306.</designator> <label>Certificates of value.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 307.</designator> <label>Protection of Federal funds.</label></referenceItem> <referenceItem role="title"><designator class="centered">“TITLE IV—</designator> <label class="centered">LOCAL RAIL SERVICES</label></referenceItem> <referenceItem role="section"><designator>“Sec. 401.</designator> <label>Findings and purposes.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 402.</designator> <label>Rail service continuation assistance.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 403.</designator> <label>Acquisition and modernization loans.</label></referenceItem> <referenceItem role="title"><designator class="centered">“TITLE V—</designator> <label class="centered">EMPLOYEE PROTECTION</label></referenceItem> <referenceItem role="section"><designator>“Sec. 501.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 502.</designator> <label>Employment offers.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 503.</designator> <label>Assignment of work.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 504.</designator> <label>Collective-bargaining agreements.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 505.</designator> <label>Employee protection.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 506.</designator> <label>Contracting out.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 507.</designator> <label>Arbitration.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 508.</designator> <label>Duties of acquiring and selling railroads.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 509.</designator> <label>Payment of benefits.</label></referenceItem> <referenceItem role="title"><designator class="centered">“TITLE VI—</designator> <label class="centered">MISCELLANEOUS PROVISIONS</label></referenceItem> <referenceItem role="section"><designator>“Sec. 601.</designator> <label>Relationship to other laws.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 602.</designator> <label>Annual evaluation by the Secretary.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 603.</designator> <label>Freight rates for recyclables.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 604.</designator> <label>Separability.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 605.</designator> <label>Duty of transferee.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 202(a)(2) of such Act (45 U.S.C. 712(a)(2)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s720">45 USC 720</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s721">45 USC 721</ref>.</p></sidenote> <content>issue obligations under section 210 of this title; make loans under section 211 of this title; purchase or otherwise acquire or receive and hold and dispose of securities (whether debt or equity) <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 89.</p></sidenote>of the Corporation under section 216 of this title and exercise all of the rights, privileges, and powers of a holder of any such securities; and issue certificates of value under section 306 of this Act;”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 303 of such Act (45 U.S.C. 743) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Transfer and Other Taxes and Recording Fees</inline>.—</heading><content>All transfers or conveyances of rail properties (whether real, personal, or mixed) which are made under this Act (including transfers and conveyances which are made in accordance with a supplemental <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 100.</p></sidenote>transaction pursuant to section 305 of this title) shall be exempt from any taxes, imposts, or levies now or hereafter imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumbrances, or other instruments and, consistent with the designations and applicable principles in the final system plan, to record the release or removal of any pre-existing liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed.”.</content> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Section 208 of such Act (45 U.S.C. 718) is amended by adding at the end thereof the following new subsection: <page identifier="/us/stat/90/85">90 STAT. 85</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Additions</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The supplemental report, dated September 18, 1975, to the final system plan, and the provisions of the Association’s official errata supplement to the final system plan, dated December 1, 1975, including all designations made therein, shall be treated for all purposes as if they had been part of and included in the final system plan adopted by the Association and reviewed by the Congress. The final system plan shall, for all purposes, be deemed to be approved as modified and amended by such supplemental report and such supplement.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Association may, upon petition of any State, modify the final system plan to make further designations with respect to rail properties of railroads in reorganization in the region designated for transfer to the Corporation under such plan, if such designations (A) are likely to result in improved rail service on such rail properties and connecting rail properties, and (B) would not materially impair the profitability of the Corporation. Such designations, including designations of such rail properties to a State, a profitable railroad, or a responsible person, may be made at any time prior to delivery of the final system plan to the special court under section 209(c) of this title. Such further designations shall be treated for all purposes as if they had been included in the final system plan adopted by the Association and reviewed by the Congress, and the final system plan shall for all purposes be deemed to be approved as modified by such designations. Any action of the Association with respect to any such petition shall not lie subject to review by any court.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>Within 20 days after the date of enactment of the Railroad <sidenote><p class="indent0 firstIndent0 fontsize8">Notice to Congress; publication in Federal Register.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote>Revitalization and Regulatory Reform Act of 1976, the Association may, by notice to the Congress and by publication in the Federal Register, modify, supplement, or add to the designations of rail properties in the final system plan if the Association finds such actions are necessary to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>achieve the efficient implementation of the final system plan, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>provide for the offer to profitable railroads of rail properties designated in the final system plan to the Corporation, if such properties are not essential in the operation of other rail properties of the Corporation but are or would be integrally related to the operation of rail properties of (or which are offered pursuant to the final system plan to) such profitable railroad, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>provide for the designation of additional rail properties to the Corporation or to a subsidiary thereof to enable the Corporation to serve efficiently a line of railroad designated to the Corporation in the final system plan if such line does not connect with any other line of railroad so designated to the Corporation or if such line would be served more efficiently as a consequence of such designation.</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">Any designation to a profitable railroad pursuant to this paragraph shall comply with the second sentence or section 206(d)(4) of this title, and shall only be made upon a finding by the Association that <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 97.</p></sidenote>such designation is integrally related to an offer of rail properties to a profitable railroad in the final system plan, that the goals of the final system plan require that the rail properties be operated as a part of the rail properties included m such offer, and that the implementation of such designation will not materially and adversely affect the impact of such offer on the profitability of the Corporation or any profitable railroad operating in the region. Any designation to a profitable railroad pursuant to this subsection, which amends any prior offer, shall terminate 30 days after the date of enactment of this paragraph <page identifier="/us/stat/90/86">90 STAT. 86</page>unless, prior to such date, such profitable railroad has notified the Association in writing of its acceptance of such amendment to the prior offer.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>If a line of railroad or any segment thereof is designated for rail service in the final system plan, no designation may be made by the Association pursuant to this paragraph which would result in such line or segment not being so designated. Any designations made pursuant to this paragraph shall be treated for all purposes as if they had been included in the final system plan adopted by the Association and reviewed by the Congress. The final system plan shall for all purposes be deemed to be approved as amended by such designations.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Any designations made pursuant to this paragraph shall not be subject to review by any court.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 117.</p></sidenote> <content>Any labor agreements entered into under section 508 of this Act shall be subject to further negotiations for any modifications which may be necessary to implement designations made pursuant to this paragraph.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Section 102(14) of such Act (45 U.S.C. 702(14)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Secretary.”</p></sidenote> <content>‘Secretary’ means the Secretary of Transportation or the person at the time performing the duties of the Office of the Secretary of Transportation in accordance with law, or the duly authorized representative of either of them;”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Section 102 of such Act (45 U.S.C. 702) is amended (1) by redesignating paragraphs (8) through (15) thereof as paragraphs (10) through (17) thereof, respectfully; and (2) by inserting therein a new paragraph (9) as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Local or regional transportation authority.”</p></sidenote> <content>‘local or regional transportation authority’ includes a political subdivision of a State.”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <section> <heading class="centered smallCaps">special court</heading> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 209(b) of such Act (45 U.S.C. 719) is amended by striking out the sixth sentence thereof and inserting in lieu thereof the following new sentence: “<quotedText>The special court may issue rules for the conduct of any proceedings under this section and under section 305 of this Act, including rules with respect to the time within which motions may be filed, and with respect to appropriate representation of interests not otherwise represented (including the Secretary with respect to a petition by the Association in the case of a proposal <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 100.</p></sidenote>developed by the Secretary, under such section 305).</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 209 of such Act (45 U.S.C. 719) is amended by adding at the end thereof the following three new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Original and Exclusive Jurisdiction</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Notwithstanding any other provision of law’, any civil action—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for injunctive or other relief against the Association from the enforcement, operation, or execution of this Act or any provision thereof, or from any action taken by the Association pursuant to authority conferred or purportedly conferred under this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>challenging the constitutionality of this Act or any provision thereof;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>challenging the legality of any action of the Association, or any failure of the Association to take any action, pursuant to authority conferred or purportedly conferred under this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>to obtain, inspect, copy, or review any document in the possession or control of the Association that would be discoverable <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>in litigation pursuant to section 303(c) of this Act;</content> </subparagraph> <page identifier="/us/stat/90/87">90 STAT. 87</page> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>brought after a conveyance, pursuant to section 303(b) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>of this Act, to set aside or annul such conveyance or to secure in any way the reconveyance of any rail properties so conveyed; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>with respect to continuing reorganization and supplemental transactions, in accordance with section 305 of this Act;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">shall be within the original and exclusive jurisdiction of the special court. The special court shall not hear or determine any such action prior to the date of conveyance, pursuant to section 303(d) (1) of this Act, except as the Constitution may require. Relief shall not be granted <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t1">USC prec. title 1</ref>.</p></sidenote>in any action referred to in subparagraph (A), (C), or (E) unless the person seeking such relief establishes that the Association acted in reckless or deliberate disregard of applicable law.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The original and exclusive jurisdiction of the special court shall include any action, whether filed by any interested person or initiated by the special court itself, to interpret, alter, amend, modify, or implement any of the orders entered by such court pursuant to section 303(b) of this Act in order to effect the purposes of this Act or the goals of the final system plan. During the pendency of any proceeding described in this paragraph, the special court may enter such orders as it determines to be appropriate, including orders enjoining, restraining, conditioning, or limiting any conveyance, transfer, or use of any asset or right which is subject to such an order or which is at issue in such a proceeding, or which involves the enforcement of any liens or encumbrances upon such assets or rights. Any orders pursuant to this paragraph which interpret, alter, amend, modify, or implement orders entered by the special court shall be final and shall not lie restrained or enjoined by any court.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>A final order or judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of this Act, in whole or in part, or of any action taken under this Act, shall be reviewable by direct appeal to the Supreme Court of the United States in the same manner that an injunctive order may be appealed under section 1253 of title 28, United States Code. Such review is exclusive and any petition or appeal shall be filed not more than 20 days after entry of such order or judgment.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Disposition of Cash Deposits</inline>.—</heading><content>Whenever the compensation which is deposited with the special court under section 303(a) of this Act is in the form of cash, such cash shall be invested and reinvested upon such terms and conditions as the special court shall determine, pending the making of the findings referred to in paragraphs (1), (2), and (3) of section 303(c) of this Act. Notwithstanding section 303(c) (4) of this Act, the special court may order (1) the income from such investments, (2) the dividends or interest, if any, received on any securities or obligations deposited with the special court under such section 303(a), and (3) the income, if any, received with respect to any other form of compensation so deposited, to be distributed to the trustee of each railroad in reorganization and to any person leased, operated or controlled by such a railroad which conveyed the right, title, and interest in the rail properties with respect to which such cash, securities, obligations, or other compensation have, been so deposited with the special court. Notwithstanding section 303(c) (4) of this Act, the special court may, within 90 days after the date of conveyance of rail properties pursuant to section 303(b) of this Act, order up to 25 percent of any cash (including investments made with cash) and other compensation deposited with the special court to be distributed <page identifier="/us/stat/90/88">90 STAT. 88</page>to such trustee or person. On petition of the applicable trustee or person, the special court may order such additional distributions as it finds reasonable and appropriate, prior to the making of the findings <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>referred to in paragraphs (1), (2), and (3) of such section 303(c).</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">Stay of Court Proceedings</inline>.—</heading><content>The special court may stay or enjoin any action or proceeding in any State court or in any court of the United States other than the Supreme Court if such action or proceeding is contrary to any provision of this Act, impairs the effective implementation of this Act, or interferes with the execution of any order of the special court pursuant to this Act.”.</content> </subsection> </quotedContent> </content></subsection> </section> <section> <heading class="centered smallCaps">finance committee</heading> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 201 of such Act (45 U.S.C. 711) is amended by redesignating subsections (i) and (j) thereof as subsections (j) and (k) thereof, respectively, and by inserting therein a new subsection “<quotedText>(i) </quotedText>” as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <heading><inline class="smallCaps">Finance Committee</inline>.—</heading><content>The Board of Directors of the Association shall have a Finance Committee which shall consist of the Chairman of such Board, the Secretary, and the Secretary of the Treasury (acting directly or, at any time, through their respective duly authorized representatives). The Finance Committee is authorized to exercise only such powers as are vested in it pursuant to any provision of this Act. The vesting of such powers in the Finance Committee shall not be deemed to relieve the Board of Directors of its authority to exercise any other powers of the Association, none of which may be delegated to the Finance Committee, or of its general authority to study, analyze, and make advisory findings with respect to any matter relevant to the role of the Association as an investor in securities of the Corporation. Notwithstanding any provision of State law, (1) the Finance Committee, without any requirement of review or approval by the Board of Directors of the Association, is authorized to establish, revise, and maintain its own rules and procedures, by majority vote of the members thereof, and (2) the Board of Directors of the Association shall not have power to take, and shall not take, any action affecting the membership of the Finance Committee or limiting the exercise by the Finance Committee of the powers vested in it pursuant to any provision of this Act.”.</content> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 201(h) of such Act (45 U.S.C. 711(h)) is amended by adding at the end thereof the following new sentence: “<quotedText>The Secretary and the Chairman of the Commission may act in such capacity directly or at any time through their duly authorized representatives.</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 201(d)(2) of such Act (45 U.S.C. 711(d)(2)) is amended by striking “<quotedText>or</quotedText>” and inserting in lieu thereof the following: “<quotedText>acting directly or at any time through</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 102 of such Act (45 U.S.C. 702), as amended by this Act, is amended by redesignating paragraph (7) thereof as paragraph (8) thereof, and by inserting therein a new paragraph (7) as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>‘Finance Committee’ means the Finance Committee of the Board of Directors of the Association established under section 201 (i) of this Act;”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <section> <heading class="centered smallCaps">obligations of the association</heading> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num><content>Section 210(b) of such Act (45 U.S.C. 720(b)) is amended to read as follows: <page identifier="/us/stat/90/89">90 STAT. 89</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Maximum Obligational Authority</inline>.—</heading><chapeau>The aggregate amount of obligations of the Association issued under this section which may be outstanding at any one time shall not exceed $275,000,000. No obligations or proceeds thereof shall be issued or made available after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976 except—<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to meet existing or potential commitments for loans under section 211 of this title made or applied for prior to January 1, <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 92.</p></sidenote>1976; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>for the purpose of providing loans pursuant to subsections (g) and (h) of section 211 of this title.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">debentures and series a preferred stock</heading> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content>Title II of such Act is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="centered smallCaps">“debentures and series a preferred stock</heading> <num value="216"><inline class="smallCaps">“Sec</inline>. 216. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>The Association is authorized, in accordance <sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s726">45 USC 726</ref>.</p></sidenote>with the provisions of this section, and such rules and regulations as it may prescribe, to invest from time to time in the securities of the Corporation by purchasing (1) up to $1,000,000,000 of debentures issued by the Corporation, and (2) after the acquisition of such debentures, up to $1,100,000,000 of the series A preferred stock of the Corporation.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Purposes and Procedure for Investment</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The Association is authorized to purchase debentures and, thereafter, series A preferred stock of the Corporation at such times and in such amounts as may be required and requested by the Corporation in accordance with the terms and conditions governing such purchases (which shall be prescribed by the Association), to provide—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for the modernization, rehabilitation and maintenance of rail properties of the Corporation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for the acquisition of equipment and other capital needs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>for the refinancing of indebtedness which was incurred by the Corporation under section 211 of this title or which was incurred under section 215 of this title and assumed by the Corporation; <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s725">45 USC 725</ref>.</p></sidenote>or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>working capital as contemplated by the final system plan.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Purchases of up to $1,000,000,000 of debentures and, thereafter, of up to $1,100,000,000 of series A preferred stock shall be made by the Association as required and requested by the Corporation, unless the Finance Committee makes an affirmative finding that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the Corporation has failed in any material respect to comply with any covenants or undertakings made to the Association and such failure remains uncorrected;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Corporation has failed substantially (as determined by performance within the margins prescribed by the Board of Directors) to attain the overall operating (including rehabilitation) and financial results projected for the Corporation in the final system plan (including any modifications of such projected results and of the performance margins applicable to such projected results which are jointly approved by the Finance Committee and the Board of Directors and which would improve the possibility that the Corporation will attain such projected results and perform within such margins, as modified); or</content> </subparagraph> <page identifier="/us/stat/90/90">90 STAT. 90</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>it is not reasonably likely, taking into consideration all relevant factors including the overall operating (including rehabilitation) and financial results achieved by the Corporation, that the Corporation will be able to become financially self-sustaining without requiring Federal financial assistance substantially in excess of the amounts authorized in this section.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Finding, Direction, and Review by Congress</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>If the Finance Committee makes an affirmative finding pursuant to subsection (b)(2) of this section, it may direct the Association—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>not to purchase any debentures or series A preferred stock of the Corporation after the date of such affirmative finding; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to purchase debentures or series A preferred stock of the Corporation, after the date of such affirmative finding, only in such amounts, at such times, and on such terms and conditions (notwithstanding subsection (e)(1) of this section) as the Finance Committee determines to be appropriate to the role of the Association as an investor in such debentures and series A preferred stock.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>A copy of each affirmative finding, the reasons therefor, and each direction made by the Finance Committee under paragraph (1) of this subsection, together with the comments and recommendations thereon of the Board of Directors of the Association, shall be transmitted to the Congress by the Association within 10 days after the date on which the Finance Committee makes such finding and direction, or if not so transmitted, shall be transmitted by the Finance Committee. Each such direction so transmitted shall become finally effective and is required to be implemented by the Association, unless within the first period of 30 calendar days of continuous session of Congress after the date of its transmittal to Congress either House of Congress disapproves such direction (except that such direction shall become finally effective immediately upon approval of such direction by both Houses of Congress) in accordance with the procedures specified in section 1017 of the Congressional Budget and Impoundment Control Act of 1974 (31 U.S.C. 1407). For purposes of this paragraph, continuity of session of Congress is broken only in the circumstances described in section 1011(5) of that Act (31 U.S.C. 1401 (5)). During review by the Association and Congress, the Association shall take no action inconsistent with the direction of the Finance Committee pursuant to paragraph (c) (1) of this section, except to the extent the Association finds necessary, in its discretion, to assure continuous orderly operation of the Corporation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>If the Congress, pursuant to paragraph (2) of this subsection, disapproves a direction submitted to the Association pursuant to paragraph (1) of this subsection, the Association shall continue to purchase the debentures or series A preferred stock of the Corporation as otherwise provided in this title until such time as a direction is submitted under this section which is not so disapproved (or affirmatively approved). The powers of the Association and of the Board of Directors of the Association shall remain in effect except to the extent modified by any such direction. If any such direction is disapproved by either House of Congress, the Finance Committee may, not earlier than 30 days after the date of such disapproval, make (and the Board of Directors of the Association shall transmit) any additional affirmative finding and direction with respect to the same matter, which direction shall become effective in accordance with paragraph (2) of this subsection. An affirmative finding and direction under this subsection, or action by the Association during a <page identifier="/us/stat/90/91">90 STAT. 91</page>review thereof by the Congress, may not be held unlawful or set aside by any reviewing court on the ground that such finding and direction or action were not adequate to meet the requirements of subparagraph (A), (E), or (F) of section 706(2) of title 5, United States Code.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Notwithstanding any other provision of this section, or any terms and conditions governing its purchase of securities of the Corporation, the Association shall, upon written application by the Corporation at least 30 days prior to such investment, make an initial investment in debentures of the Corporation within 60 days after the date of conveyance of rail properties pursuant to section 303(b) (1) of this Act. Such initial investment shall be limited to such amounts <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>as the Association and Finance Committee, acting jointly, determine are necessary for the continued and orderly operations of the Corporation prior to any additional investment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Not later than 60 days after the date of conveyance pursuant to section 303(b) (1) of this Act, the Association shall select 6 individuals to serve as members of the Board of Directors of the Corporation, subject to the provisions of section 301(d) of this Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s741">45 USC 741</ref>.</p></sidenote></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Terms and Conditions</inline>.—</heading><chapeau>Notwithstanding any other provision of State law, the debentures and the series A preferred stock of the Corporation shall have such terms and conditions, not inconsistent with the final system plan or this title, as may be prescribed by the Association, except as follows:</chapeau><paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The Corporation shall not be required to issue to the Association additional shares of series A preferred stock of the Corporation as a dividend on any such stock.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The dividends payable on series A preferred stock of the Corporation shall not be cumulative and shall be paid in cash when and to the extent that there is ‘cash available for restricted cash payments’, as that term is defined in the final system plan.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>After the Association calls for redemption of the certificates of value, no shares of series A preferred stock of the Corporation shall be issued in lieu of interest on the debentures of the Corporation and, to the extent such interest is not payable in cash by reason of the absence of sufficient ‘cash available for restricted cash payment’, the Corporation shall deliver to the holders of the debentures contingent interest notes in a face amount equal to such unpaid interest.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>If the Board of Directors of the Association and the Finance Committee, acting jointly, modify the terms or conditions governing the purchase of debentures or series A preferred stock of the Corporation pursuant to subsection (e)(1) of this section, or if the Finance Committee waives compliance with any term, condition, provision, or covenant of such securities pursuant to subsection (e) (2) of this section, the Finance Committee may require the Corporation to issue contingent interest notes in such amount as, in the determination of the Finance Committee, will provide protection for the United States, in the event of bankruptcy, reorganization, or receivership of the Corporation, equal to the protection the United States would have had in the absence of such modification or waiver.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The contingent interest notes issued pursuant to this section shall bear interest compounded annually at the rate of 8 percent per annum and such notes and the accumulated interest thereon shall be payable only in the event of bankruptcy, reorganization, or receivership of the Corporation occurring prior to the repayment and redemption of all outstanding debentures and accumulated series A preferred stock of the Corporation. The <page identifier="/us/stat/90/92">90 STAT. 92</page>contingent interest notes and the accumulated interest thereon shall have the same priority in bankruptcy, reorganization, or receivership as the debentures of the Corporation. The other terms and conditions of the contingent interest notes shall be as set forth in an agreement to be entered into between the Association and the Corporation prior to issuance of any debentures.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Modifications, Waivers, and Conversions</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Board of Directors of the Association and the Finance Committee, acting jointly, may agree with the Corporation to modify any of the terms and conditions governing the purchase by the Association of securities of the Corporation, upon a finding that such action is necessary or appropriate to achieve the purposes of this Act or the goals of the final system plan.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Finance Committee may, in its discretion and upon a finding that such action is necessary or appropriate to achieve the purposes of this Act or the goals of the final system plan, waive compliance with any term, condition, provision, or covenant of the securities of the Corporation held by the Association, including any provision of such securities with respect to redemption of principal or issuance price, payment of interest or dividends, or any term or condition governing the purchase of such securities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Notwithstanding any provision of State law, there shall lie no conversion of the debentures of the Corporation into series A preferred stock of the Corporation, as provided in the terms and conditions of the debentures and pursuant to the final system plan, unless the Board of Directors of the Association and the Finance Committee jointly determine to effect such conversion.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Appropriation</inline>.—</heading><content>There is authorized to be appropriated to the Association $2,100,000,000 to be used for the purchase of securities of the Corporation in accordance with this section. All sums received by the Association on account of the holding or disposition of any such securities shall lie deposited in the general fund of the Treasury.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">loans</heading> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s721">45 USC 721</ref>.</p></sidenote> <content class="inline">Section 211 of such Act (45 U.S.C. 741) is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">Pre-Conveyance Loans to the Corporation</inline>.—</heading><chapeau>During the period between the effective date of the final system plan and the date of the conveyance of rail properties pursuant to section 303(b) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>of this Act, the Association may make such loans in such amounts to the Corporation as the Association deems essential to provide for the purchase by the Corporation of material, supplies, equipment, and services necessary to permit the orderly and efficient implementation of the final system plan. Notwithstanding any inability of the Association during such period to make the finding required by subsection (e)(3) of this section because of any existing contingencies, the Association may make any such loans to the Corporation, subject to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the most favorable terms and conditions for assuring timely repayment and security as may then be reasonably available, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the requirement that any loan to the Corporation under this subsection be refinanced immediately out of the proceeds of <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 89.</p></sidenote>the first sale by the issuance of debentures under section 216 of this title.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">In order to assure that necessary funds are available to the Corporation for implementation of the final system plan, the Corporation is authorized to accept such loans as may “be approved by the Association <page identifier="/us/stat/90/93">90 STAT. 93</page>under this subsection, and any such acceptance shall be deemed for all purposes to constitute a reasonable and prudent business judgment in compliance with any fiduciary obligations imposed on the Corporation or its directors. For purposes of this subsection, the term ‘Corporation’ includes a subsidiary of the Corporation.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <heading><inline class="smallCaps">Loans for Payment of Obligations</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The Association is authorized, subject to the limitations set forth in section 210(b) of this title, to enter into loan agreements, in amounts not to exceed <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 88.</p></sidenote>$230,000,000 in the aggregate, with the Corporation, the National Railroad Passenger Corporation, and any profitable railroad to which rail properties are transferred or conveyed pursuant to section 303(b) (1) of this Act, under which the Corporation, the National Railroad Passenger Corporation, and any profitable railroad entering into such agreement will agree to meet existing or prospective obligations of the railroads in reorganization in the region which the Association, in accordance with procedures established by the Association, determines should be paid by the Corporation, the National Railroad <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>Passenger Corporation, or a profitable railroad, on behalf of the transferors, in order to avoid disruptions in ordinary business relationships. Such obligations shall be limited to amounts claimed by suppliers (including private car lines) of materials or services utilized m current rail operations, claims by shippers arising from current rail services, payments to railroads for settlement of current interline accounts, claims of employees arising under the collective bargaining agreements of the railroads in reorganization in the region and subject to section 3 of the Railway Labor Act, claims of all employees or their personal <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s153">45 USC 153</ref>.</p></sidenote>representatives for personal injuries or death and subject to the provisions of Employers’ Liability Acts (45 U.S.C. 51–60), and amounts <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s51">45 USC 51 note</ref>.</p></sidenote>required for adequate funding of accrued pension benefits existing at the time of a conveyance or discontinuance of service under employee pension benefit plans described in section 505(a) of this Act. The Association <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s775">45 USC 775</ref>.</p></sidenote>shall not make such a loan unless it first, finds that the loan is for the purpose of paving obligations with respect to accrued pension plans referred to in the preceding sentence or that the Corporation, the National Railroad Passenger Corporation, or a profitable railroad is entitled to a loan pursuant to subsections (e) and (g) of section 504 of this Act, or unless it first finds that—<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 113.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>provision for the payment of such obligations was not included in the financial projections of the final system plan;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such obligations arose from rail operations prior to the date of conveyance of rail properties pursuant to section 303(b) (1) of this Act and are, under other applicable, law, the responsibility of a railroad in reorganization in the region:</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the Corporation, the National Railroad Passenger Corporation, or a profitable railroad has advised the Association that the direct payment of such obligations by the Corporation, the National Railroad Passenger Corporation or profitable railroad is necessary to avoid disruptions in ordinary business relationships;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the transferor is unable to pay such obligations within a reasonable period of time; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>with respect to loans made to the Corporation, the procedures to be followed by the Corporation, in seeking reimbursement from the railroads in reorganization in the region for obligations paid on their behalf under this subsection, have been jointly agreed to by the Finance Committee and the Corporation.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The trustees of each railroad in reorganization in the region shall attempt to negotiate agency agreements with the Corporation, <page identifier="/us/stat/90/94">90 STAT. 94</page>the National Railroad Passenger Corporation, or a profitable railroad for the processing of all accounts receivable and accounts payable attributaole to operations prior to the conveyance of property <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>pursuant to section 303(b) (1) of this Act. If any railroad in reorganization in the region fails to conclude such an agreement within a reasonable time prior to such conveyance, the applicable reorganization courts, after giving all parties an opportunity to be heard, shall prescribe the terms of such an agency arrangement by order, giving due consideration to the need, wherever possible, to make such agreements uniform among the various estates.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The Association may, not less than 30 days prior to the date of conveyance pursuant to section 303(b)(1) of this Act, petition each district court of the United States having jurisdiction over the reorganization of a railroad in reorganization in the region for an order, which shall be entered prior to such conveyance, and which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>identifies that cash and other current assets of the estate of such railroad which shall be utilized to satisfy obligations of the estates identified in paragraph (1) of this subsection; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>provides for the application by the trustees of such railroads and their agents, consistent with the principles of reorganization under section 77 of the Bankruptcy Act (11 U.S.C. 205) and with the agency agreement specified in paragraph (2) of this subsection, of all such current assets, including cash available as of or subsequent to such date of conveyance, to the payment in the postconveyance period of the obligations of the estates identified in paragraph (1) of this subsect ion.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4)</num> <subparagraph class="inline"> <num value="A">“(A) </num> <chapeau>Each obligation of a railroad in reorganization in the region which is paid with financial assistance under paragraph (1) of this subsection shall be processed, on behalf of such railroad, by the Corporation, the National Railroad Passenger Corporation, or a profitable railroad, whichever is appropriate. An obligation of a railroad in reorganization in the region shall be paid, on behalf of such railroad, by the Corporation, the National Railroad Passenger Corporation, or a profitable railroad, whichever is appropriate, if—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>such obligation is deemed by the Corporation, the National Railroad Passenger Corporation, or a profitable railroad, whichever is appropriate, to have been, on the date of conveyance of rail properties pursuant to section 303(b) (1) of this Act, the obligation of a railroad in reorganization in the region;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>such obligation accrues after such date of conveyance but as a result of rail operations conducted prior to such date, and the trustees of such railroad in reorganization acknowledge that it is an obligation of such railroad; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the district court of the United States having jurisdiction over such railroad in reorganization in the region approves such obligation as a valid administrative claim against such railroad; to the extent that payment is required under a loan agreement with the Association under such paragraph (1).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The Association shall resolve any disputes among the Corporation, the National Railroad Passenger Corporation, and a profitable railroad concerning which of them shall process and pay any particular obligation on behalf of a particular railroad in reorganization.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The Corporation, the National Railroad Passenger Corporation, or a profitable railroad shall have a direct claim, as a current expense of administration, for reimbursement from the estate of a railroad in reorganization in the region for all obligations of such estate (plus interest thereon) which are paid by the Corporation, the National Railroad Passenger Corporation, or a profitable railroad, as the case <page identifier="/us/stat/90/95">90 STAT. 95</page>may be. The right of the Corporation or the National Railroad Passenger Corporation to receive reimbursement under this subparagraph from the estate of a railroad in reorganization in the region shall be reduced by the amount, if any, of loans, plus interest forgiven under paragraph (5) of this subsection.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5)</num> <subparagraph class="inline"> <num value="B">“(A) </num> <content>If, at any time, the Finance Committee of the Association determines that the failure of the Corporation to receive full reimbursement with interest from the estate of a railroad in reorganization in the region for any obligation of such estate paid pursuant to this subsection could adversely affect the fairness and equity of the transfers and conveyances pursuant to section 303(b)(1) of this Act, or <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>that the failure of the National Railroad Passenger Corporation to receive such full reimbursement plus interest for any such obligation would be contrary to the public interest, the Association shall forgive the indebtedness, plus accrued interest, of the Corporation or of the National Railroad Passenger Corporation incurred pursuant to paragraph (1) of this subsection in the amount recommended by the Finance Committee. The Association shall have a direct claim, as a current expense of administration of the estate of such railroad in reorganization, equal to the amount by which loans of the Corporation or of the National Railroad Passenger Corporation, plus interest, have been forgiven. Such direct claim shall not be subject to any reduction by way of setoff, cross-claim, or counter-claim which the estate of such railroad in reorganization may be entitled to assert against the Corporation, the National Railroad Passenger Corporation, the Association, or the United States.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The direct claim of the Association under this paragraph, and any direct claim authorized under paragraph (4) of this subsection, shall be prior to all other administrative claims of the estate of a railroad in reorganization, except claims arising under trustee’s certificates or from default on the payment of such certificates.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau>Notwithstanding any other provision of this subsection, the Association shall forgive any loan made to the Corporation or the National Railroad Passenger Corporation pursuant to this subsection, plus accrued interest thereon, on the 3rd anniversary date of any such loan, except that the Association shall not forgive any loan or portion thereof, in accordance with this paragraph, if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>the Finance Committee makes an affirmative finding, with respect to such loan or portion thereof, that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the Corporation has not exercised due diligence in executing the procedures adopted pursuant to paragraph (1) (E) of this subsection, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the failure of the Association to forgive such loan or portion thereof will not adversely affect the ability of the Corporation to become financially self-sustaining;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Finance Committee so directs the Association; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>neither House of the Congress disapproves such affirmative finding and direction, in accordance with the following provisions of this paragraph.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">A copy of each such finding, the reasons therefor, and such direction made by the Finance Committee, together with the comments and recommendations thereon of the Board of Directors of the Association, shall be transmitted to the Congress by the Association within 10 days after the date on which the Finance Committee makes such finding and direction, or if not so transmitted, shall be transmitted by the Finance Committee. Each such finding and direction so transmitted shall become effective immediately, and shall remain in effect, unless, within <page identifier="/us/stat/90/96">90 STAT. 96</page>the first period of 30 calendar days of continuous session of Congress after the date of transmittal of such finding and direction to Congress, either House of Congress disapproves such finding and direction in accordance with the procedures specified in section 1017 of the Congressional Budget and Impoundment Control Act of 1974 (31 U.S.C. 1407). For purposes of this paragraph, continuity of session of Congress is broken only in the circumstances described in section 1011(5) of that Act (31 U.S.C. 1401(5)).</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Corporation.”</p></sidenote> <content>For purposes of this subsection, the term ‘Corporation’ includes a subsidiary of the Corporation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <heading><inline class="smallCaps">Electrification</inline>.—</heading><content>Upon application by the Corporation, the Secretary shall, pursuant to the provisions of and within the obligations limitations contained in sections 511 through 513 of the <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, pp. 76–80.</p></sidenote>Railroad Revitalization and Regulatory Reform Act of 1976, guarantee obligations of the Corporation for the purpose of electrifying high-density mainline routes if the Secretary finds that such electrification will return operating and financial benefits to the Corporation and will facilitate compatibility with existing or renewed electrification systems. The aggregate unpaid principal amount of obligations which may lie guaranteed by the Secretary under this paragraph shall not exceed $200,000,000 at any one time.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">miscellaneous amendments to title ii</heading> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 201(j) of such Act (45 U.S.C. 711(j)), as redesignated by section 603(a) of this Act, is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Any reference in this Act to the Secretary of the Treasury is to the Secretary of the Treasury or the person at the time performing the duties of the Office of the Secretary of the Treasury in accordance with law or the duly authorized representative of either of them. Any reference in this Act to the Chairman of the Commission is to the Chairman of the Commission or the person at the time performing the duties of the Chairman of the Commission in accordance with law, or the duly authorized representative of either of them.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 202(e) of such Act (45 U.S.C. 712(e)) is amended by inserting after “<quotedText>obligations issued</quotedText>” and before “<quotedText>and loans</quotedText>” in clause (4) thereof the following: “<quotedText>, certificates of value issued, securities purchased.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 202(f) of such Act (45 U.S.C. 712(f)) is amended by inserting after “<quotedText>section</quotedText>” and before “<quotedText>)</quotedText>” in the first sentence thereof the following: “and receipts and disbursements under section 216 of this <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 89;</p><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 104.</p></sidenote>title and section 306 of this Act.”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 203(a) of such Act (45 U.S.C. 713(a)) is amended by striking out the last sentence thereof.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Section 206(d)(3) of such Act (45 U.S.C. 716(d)(3)) is amended by inserting after the first sentence thereof the following three new sentences: “<quotedText>All determinations made by the Association in the correction to the preliminary system plan published on April 11, 1975 (40 Fed. Reg. 16377), shall be treated for all purposes as if they had been made upon adoption and release by the Association of the preliminary system plan. All determinations made by the Commission with respect to such correction shall be treated for all purposes as if they had been made within 90 days after adoption and release by the Association of the preliminary system plan. All determinations made by the Commission with respect to acquisitions by profitable railroads referred to in any supplement to the preliminary system plan pub-<page identifier="/us/stat/90/97">90 STAT. 97</page>lished under section 207 (b) (2) of this title shall be deemed to be timely <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s717">45 USC 717</ref>.</p></sidenote>if made prior to the adoption of the final system plan under section 207(c) of this title.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Section 206(c) (1) (B) of such Act (45 U.S.C. 716(c) (1) (B)) is amended by inserting immediately after “<quotedText>paragraph</quotedText>” the following: “<quotedText>and what alternative designations shall be made under this paragraph</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Section 206(c) (1) (A) of such Act (45 U.S.C. 716(c) (1) (A)) is amended by striking out the semicolon and inserting in lieu thereof the following: “<quotedText>: <proviso><i>Provided</i>, That the Corporation shall, within 95 days after the effective date of the final system plan, give notice to the Association of which such rail properties, if any, are to be transferred to a subsidiary of the Corporation in the event that the Board of Directors of the Association finds that such transfer would be consistent with the final system plan;</proviso></quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>Section 206(c)(2) of such Act (45 U.S.C. 716(c)(2)) is amended by adding at the end thereof the following new sentence: “<quotedText>Any rail properties designated to be offered for sale to the Corporation may lie sold instead to a subsidiary of the Corporation.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <content>Sections 206(d)(1). 209 (c) and (d), 215(d). 304(e), and 501 (1) and (2) of such Act (45 U.S.C. 716(d)(1), 719(c) and (d), 744 (e), and 771 (1) and (2)) are amended by inserting after “<quotedText>Corporation</quotedText>” <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716/719/725/744/771">45 USC 716, 719, 725, 744, 771</ref>.</p></sidenote>each time it appeal’s the following: “<quotedText>or any subsidiary thereof</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="j">(j) </num> <chapeau>Section 206(c) (1) (D) of such Act (45 U.S.C. 716(c) (1) (D)) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting immediately after “<quotedText>by</quotedText>” the following “<quotedText>(i)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>striking out “<quotedText>; and</quotedText>” at the end thereof and adding the following: “<quotedText>, or (ii) the National Railroad Passenger Corporation to meet the needs of improved rail passenger service over intercity routes, other than properties designated pursuant to subparagraph (C) of this paragraph; and</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="k">(k) </num> <content>Section 210(c) of such Act (45 U.S.C. 720(c)) is amended by <sidenote><p class="indent0 firstIndent0 fontsize8">Guarantees.</p></sidenote>adding at the end thereof the following new sentence: “All guarantees entered into by the Secretary under this section shall constitute general obligations of the United States for the payment of which its full faith and credit are pledged.”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="l">(l) </num> <content>Section 209(c) <inline class="smallCaps">of</inline> such Act (45 U.S.C. 719(c)) is amended by striking out “<quotedText>obligations of the Association</quotedText>” each time it appears and inserting in lieu thereof “<quotedText>certificates of value of the Association</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="m">(m) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Subsection (b) of section 214 of such Act (45 U.S.C. <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>724(b)) is amended by striking out “<quotedText>$5,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$7,000,000</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 214(c) of such Act is amended by striking out the period and inserting in lieu thereof “<quotedText>, and not to exceed $14,000,000 for the fiscal period which includes the period ending September 30, 1977.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="n">(n) </num> <content>Section 214(a) of such Act (45 U.S.C. 724(a)) is amended by <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>adding at the end thereof the following: “<quotedText>There are authorized to be appropriated to the Secretary such sums as may be necessary to discharge the obligations of the United States arising under section 303 (c) (5) of this Act.</quotedText>”<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 109.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="o">(o) </num> <chapeau>Paragraph (4) of section 206(d) of such Act (45 U.S.C. 716 (d)(4)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the first sentence thereof, by striking out “<quotedText>30 days after the effective date of the final system plan</quotedText>” and inserting in lieu thereof “<quotedText>7 days after the date of the enactment of the Railroad Revitalization and Regulatory Reform Act of 1976</quotedText>”; and in the<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote><page identifier="/us/stat/90/98">90 STAT. 98</page>second sentence thereof, by striking out “<quotedText>60</quotedText>” and inserting in lieu thereof “<quotedText>95</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting immediately after the first sentence thereof the following new sentence: “<quotedText>Any such offer may be modified until the date of acceptance thereof, unless such modification results in an offer for the sale of rail properties at less than the net liquidation value thereof.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="p">(p) </num> <content>Section 206(d) of such Act (45 U.S.C. 716(d)) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Notwithstanding any statement to the contrary in the final system plan, a State (or a local or regional transportation authority) shall not be required to deliver to the Corporation a firm commitment to acquire rail properties designated to such State or authority prior to 7 days after the date of enactment of this paragraph.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="q">(q) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote> <content>Section 206 of such Act (45 U.S.C. 717(c)) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="j">“(j) </num> <content>Any rail properties over which rail service was being provided as of the date of enactment of this Act, and which were recommended in the preliminary system plan for transfer to the Corporation, shall be deemed to be designated in the final system plan for transfer to the Corporation under subsection (c)(1)(A) of this section. Any designation in the final system plan, pursuant to subsection (c)(1) (B) of this section, of overhead trackage rights to be acquired by a profitable railroad operating in the region over specified rail properties to be acquired by the Corporation, where such designation noes not (1) authorize such profitable, railroad to interchange traffic with at least one railroad, or (2) provide for the connection of portions of such profitable railroad’s rail properties, and where the transfer of ownership of such rail properties (including trackage rights) to such profitable railroad was recommended in the preliminary system plan, and the Commission has made a determination with respect thereto, in accordance with subsection (d)(3) of this section, shall be deemed to authorize such profitable railroad to interchange traffic with the Corporation and any other profitable railroad connecting with such specified rail properties.”.</content> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="r">(r) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Final system plan, certified copy, delivery date.</p></sidenote> <content>Section 209(c) of such Act (45 U.S.C. 719(c)) is amended by adding at the end thereof, without paragraph indentation, the following new sentences: “Notwithstanding any other provisions of this subsection and subsection (d) of this section, the time for the delivery of a certified copy of the final system plan shall be March 12, 1976, and may be extended to a date not more than 30 days thereafter, prescribed in a notice filed by the Association not later than February 10, 1976, with the special court, the Congress, and each court referred to in such subsection (d). Such notice shall contain the certification of the Association that an orderly conveyance of rail properties cannot reasonably be effected before the date for conveyance determined with respect to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>such notice. The time prescribed in section 303(a) of this Act snail be determined with respect to the date prescribed in such notice.”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="s">(s) </num> <content>Section 209(c) (1) and (2) of such Act (45 U.S.C. 719(c) (1) and (2)) is amended by striking out “<quotedText>railroad leased</quotedText>” each time it appears therein and inserting in lieu thereof “<quotedText>person leased</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="t">(t) </num> <content>Section 102(12) of such Act (45 U.S.C. 702(12)), as <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 86.</p></sidenote>redesignated by this Act, is amended (1) by inserting immediately before “<quotedText>which are used or usefid</quotedText>” the following: “<quotedText>(or a person owned, leased, or otherwise controlled by a railroad)</quotedText>”; and (2) by striking out “<quotedText>phase</quotedText>” and inserting in lieu thereof “<quotedText>phrase</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/90/99">90 STAT. 99</page> <section> <heading class="centered smallCaps">capitalization of the corporation</heading> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num><content>Section 301 (e) of such Act (45 U.S.C. 741 (e)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Initial Capitalization</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>In order to carry out the final system plan, the Corporation is authorized to issue debentures, series A preferred stock, series B preferred stock, common stock, contingent interest notes, and other securities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Debentures and series A preferred stock shall be issued initially to the Association. Series B preferred stock and common stock shall be issued initially to the estates of railroads in reorganization in the region, to railroads leased, operated, and controlled by railroads in reorganization in the region, and to other persons leased, operated or controlled by a railroad in reorganization who are transferors of rail properties in exchange for rail properties transferred to the Corporation pursuant to the final system plan. Notwithstanding any other provisions of State or Federal law, the series B preferred stock and common stock shall have terms and conditions not inconsistent with the final system plan. As a condition of its investment in the Corporation, the Association may require that the Corporation adopt limitations consistent with the final system plan on the circumstances under which dividends on the series B preferred stock and common stock are payable so long as any of the debentures or series A preferred stock are outstanding.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">protection of federal funds</heading> <num value="609"><inline class="smallCaps">Sec</inline>. 609. </num> <content>Title III of such Act, as amended by this Act, is further amended by inserting the following new section: <quotedContent> <section> <heading class="centered smallCaps">“protection of federal funds</heading> <num value="307"><inline class="smallCaps">“Sec</inline>. 307. </num> <subsection class="inline"><num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Audit</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Comptroller General of the United <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s747">45 USC 747</ref>.</p></sidenote>States is authorized to audit the programs, activities, and financial operations of the Corporation for any period during which (A) Federal funds provided pursuant to this Act are being used to finance any portion of its operations, or (B) Federal funds have been invested therein pursuant to this Act. Any such audit may be conducted under such rules and regulations as the Comptroller General may prescribe. The Comptroller General shall report to the Congress at such times and to such extent as he considers necessary to keep the Congress informed on the security of such Federal funds and guarantees and, to the extent appropriate, make recommendations for achieving greater economy, efficiency, and effectiveness in such programs, activities, and operations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For the purpose of any audit conducted pursuant to subsection (a) of this section, the Comptroller General, or a designated representative of the Comptroller General, shall have access to and the right to examine all books, accounts, records, reports, files, and other papers, items, or property belonging to or in use by the Corporation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Report</inline>.—</heading><chapeau>The Association shall prepare and submit an annual <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>report to Congress on the performance of the Corporation in order to keep the Congress informed as to matters which may affect the quality of rail services in the region and which may affect the security of Federal funds referred to in subsection (a) of this section. Each such report shall be submitted within 150 days after the end of the fiscal year of the Corporation. Each such report shall include an evaluation of—</chapeau> <page identifier="/us/stat/90/100">90 STAT. 100</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote> <content>the degree to which the goals of section 206(a) of this Act are being met;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the amounts and causes of deviations, if any, from the financial projections of the final system plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the amount of Federal funds made available to the Corporation and a clear description of the uses of such funds;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the projected financial needs of the Corporation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the projected sources from which such financial needs are likely to be met; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>the ability of the Corporation to become financially self-sustaining without requiring Federal funds in excess of those <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 89.</p></sidenote>authorized by section 216(f) of this Act.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">continuing reorganization; supplemental transactions</heading> <num value="610"><inline class="smallCaps">Sec</inline>. 610. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>Section 102 of such Act (45 U.S.C. 702), as amended by this Act, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (16) thereof, by striking out “<quotedText>and</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (17) thereof, by striking out the period and inserting in lieu thereof a semicolon; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end thereof the following two new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="18">“(18) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Subsidiary.”</p></sidenote> <content>‘subsidiary’ means any corporation 100 percent of whose total combined voting shares are, directly or indirectly, owned or controlled by the Corporation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">“(19) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Supplemental transaction.”</p><p class="indent0 firstIndent0 fontsize8"><i>Infra</i>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote> <content>‘supplemental transaction’ means any transaction set forth in a proposal under section 305 of this Act, within 6 years after the date on which the special court orders conveyances of rail properties to the Corporation under section 303(b) of this Act, under which the Corporation or a subsidiary thereof would (A) acquire rail properties not designated for transfer or conveyance to it under the final system plan, (B) convey rail properties to a profitable railroad, a subsidiary of the Corporation or, other than as designated in the final system plan, to the National Railroad Passenger Corporation or to a State or a local or regional transportation authority, or to any other responsible person for use in providing rail service, or (C) enter into contractual or other arrangements with any person for the joint use, of rail properties or the coordination or separation of rail operations or services.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Title III of such Act is amended by adding at the end thereof the following new sections: <quotedContent> <section> <heading class="centered smallCaps">“continuing reorganization j supplemental transactions</heading> <num value="305"><inline class="smallCaps">“Sec</inline>. 305. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s745">45 USC 745</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Proposals</inline>.—</heading><content>If the Secretary or the Association determines that, as part of continuing reorganization, further restructuring of rail properties in the region through transactions supplemental to the final system plan would promote the establishment and retention of a financially self-sustaining rail service system in the region adequate to meet the needs of the region, the Secretary or the Association, as the case may be, may develop proposals for such supplemental transactions as are necessary or appropriate to implement the needed restructuring. Transfers of rail properties included in proposals developed by the Association shall be limited to (1) rail properties which would have qualified for designation under section 206(c) (1) (A) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>of this Act but which were not transferred or conveyed under the final system plan, and which the Association finds to lie essential to the efficient operations of the Corporation, and (2) transfers, con-<page identifier="/us/stat/90/101">90 STAT. 101</page>sistent with the final system plan, of rail properties from the Corporation to a subsidiary thereof. Each proposal (other than a proposal developed by the Association) shall be submitted in writing to the Association and shall state and describe any transactions proposed, the rail properties involved, the parties to such transactions, the financial and other terms of such transactions, the purposes of the Act or the goals of the final system plan intended to lie effectuated by such transactions, and such other information incidental thereto as the Association may prescribe. Within 10 days after receipt of a proposal <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote>developed by the Secretary, and upon the development of a proposal developed by the Association, the Association shall publish a summary of such proposal in the Federal Register, and shall afford interested persons (including the Corporation when property is to be transferred to or from the Corporation) an opportunity to comment thereon.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Evaluation by Association</inline>.—</heading><content>The Association shall analyze each proposal containing one or more supplemental transactions, taking into account the comments of interested persons and statements and exhibits submitted at any public hearings which may have been held. The Association shall, within 120 days after the publication of a <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote>summary thereof under subsection (a) of this section, publish in the Federal Register a report evaluating such proposal. Such evaluation shall state whether the supplemental transactions contained in such proposal, considered in their entirety, are (1) in the public interest and consistent with the purposes of this Act and the goals of the final system plan, and (2) fair and equitable. If the Corporation opposes, or seeks modification of, any such proposed transfer, its written comments shall be given due consideration by the Association and shall be published as part of the evaluation. Within 30 days after the Association publishes its report, each proposed transferor or transferee shall notify the Association in writing as to whether any proposed supplemental transaction requiring the transfer of any property from or to such transferor or transferee is acceptable to such proposed transferor or transferee. If any such proposed transferor (other than the Corporation) or transferee fails to notify the Association that any proposed supplemental transaction requiring the transfer of any projierty from such transferor or to such transferee is acceptable to it, no further administrative or judicial proceedings shall tie conducted with respect to such proposed supplemental transaction.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Review by the Commission</inline>.—</heading><content>Within 90 days after the publication in the Federal Register of each report referred to in subsection (b) of this section, the Commission shall determine whether the supplemental transactions referred to in the report, considered in their entirety, would be in the public interest and consistent with the purposes of this Act and the goals of the final system plan. In making such determination, the Commission shall give, due consideration to the views received by it, within 30 days after the publication of the applicable report, from the Corporation and the Secretary. The Commission may condition its approval of such supplemental transactions on such reasonable terms and conditions as it may deem necessary in the public interest. The approval by the Commission of such supplemental transactions shall not be a prerequisite to the consummation of such transactions, but any determination of the Commission modifying, approving, or disapproving any proposed supplemental transactions shall be given due weight and consideration by the special court in the proceedings prescribed in subsection (d) of this section. If the Commission fails to act within the time period provided in this sub-<page identifier="/us/stat/90/102">90 STAT. 102</page>section, the supplemental transactions involved shall be deemed to have been approved by the Commission. The Commission may prescribe such regulations as may be necessary for the administration of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Special Court Proceedings</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>If the Association has made the determination pursuant to subsection (b) of this section that a proposal for supplemental transactions is in the public interest and consistent with the purposes of this Act and the goals of the final system plan, and is fair and equitable, the Association shall, within 40 days after the date of the Commission’s determination under subsection (c) of this section, or after the expiration of the 90-day period referred to in such subsection (c), whichever is applicable, petition the special court for an order of such court finding that such proposal for supplemental transactions is in the public interest and consistent with the purposes of this Act and the goals of the final system plan, and is fair and equitable, and directing the Corporation to carry out the supplemental transactions specified in such proposal. If the Association has determined, pursuant to subsection (b) of this section that a proposal made by the Secretary is not in the public interest or is not consistent with the purposes of this Act and the goals of the final system plan or is not fair and equitable, the Secretary may, if he determines that such proposal is in the public interest and consistent with the purposes of this Act and the goals of the final system plan and is fair and equitable, petition the special court for an order of such court finding that such proposal for supplemental transactions is in the public interest and consistent with the purposes of this Act and the goals of the final system plan and is fair and equitable, and directing the Corporation to carry out any supplemental transactions specified in such proposal. Such a petition shall be submitted to the special court within 90 days after the date of the Commission’s determination under such subsection (c), or after the expiration of the 90-day period referred to in such subsection (c), whichever is applicable.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Within 180 days after the filing of a petition under paragraph (1) of this subsection, the special court shall decide, after a hearing, whether the proposed supplemental transactions contained in such petition, considered in their entirety, are in the public interest and consistent with the purposes of this Act and the goals of the final system plan and are fair and equitable. If the special court determines that such proposed supplemental transactions, considered in their entirety, are in the public interest and consistent with the purposes of this Act and the goals of the final system plan and are fair and equitable, it shall, upon making such determination, issue such orders as may lie necessary to direct the Corporation to consummate the transactions. If the special court determines that such proposed supplemental transactions, considered in their entirety, are not in the public interest or not consistent with the purposes of this Act and the goals of the final system plan, or are not fair and equitable, it shall file an opinion stating its conclusion and the reasons therefor. In such event the Association (in the case of a proposal developed by the Association) or the Secretary (in the case of a proposal developed by the Secretary) may, within 120 days after the filing of such opinion, certify to the special court that the terms and conditions of the proposal have been modified consistent with the opinion of the court and aye acceptable to each proposed transferor (other than the Corporation) or transferee, and may petition the special court for recon-<page identifier="/us/stat/90/103">90 STAT. 103</page>sideration of the proposal as so modified. Within 90 days after the filing of such petition, the special court shall decide, after a hearing, whether the proposal as modified by the certification is in the public interest and consistent with the purposes of this Act and the goals of the final system plan and is fair and equitable, and shall enter such further orders as are consistent with its determination.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Corporation is authorized to petition the special court and to be represented regarding any proposed supplemental transaction, contained in a proposal developed by either the Association or the Secretary, which involves the properties of the Corporation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>In proceedings under this subsection, the special court is authorized to exercise the powers of a judge of a United States district court with respect to such proceedings and such powers shall include those of a reorganization court.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Any evaluation by the Association, the Secretary, or the Commission shall not be reviewable in any court except the special court in accordance with the provisions of this section. The supplemental transactions shall not be restrained or enjoined by any court nor shall they be otherwise reviewable by any court other than by the special court to the extent provided in this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Notwithstanding any other provision of this Act, no findings, determinations, or proceedings shall be required with respect to any proposal for supplemental transactions other than as expressly set fort h in this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>Any supplemental transaction under this section shall subject the transferor and transferee, in each such supplemental transaction, to the requirements and other provisions of title V of this Act, except <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s771">45 USC 771</ref>.</p></sidenote>that the term ‘effective date of this Act’ contained in such title V shall be applied to such supplemental transaction as if it read ‘effective, date of the supplemental transaction’.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>A final order or judgment of the special court entering or denying an order pursuant to this subsection small be reviewable in the same manner as provided in section 209(e) (3) of this Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 86.</p></sidenote></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading><chapeau>As used in this section, the term ‘fair and equitable’ means fair and equitable, in accordance with the standards applicable to the approval of a plan of reorganization (or a step in such plan) under section 77 of the Bankruptcy Act (11 U.S.C. 205)</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the estates of railroads in reorganization in the region and persons leased, operated, or controlled by such railroads who have conveyed rail properties, under section 303(b) (1) of this title, in <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>exchange for securities of the Corporation, the Association, or profitable railroads and other benefits provided as a consequence of this Act and to any subsequent holders of such securities at the time of the supplemental transaction involved; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the holders of other securities of the Corporation.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Whenever any property or securities of the Corporation are required to be valued in order to determine whether the terms of a supplemental transaction are fair and equitable, the special court shall give proper recognition to the contributions to the Corporation by all classes of security holders, except that such court shall not assign to the series B preferred stock or the common stock of the Corporation any values added to those securities, by reason of investment by the Association in debentures and series A preferred stock of the Corporation, in excess of any value required by constitutional principles applicable to a reorganization process.</continuation> </subsection> </section> <page identifier="/us/stat/90/104">90 STAT. 104</page> <section> <heading class="centered smallCaps">“certificates of value</heading> <num value="306"><inline class="smallCaps">“Sec</inline>. 306. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s746">45 USC 746</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>On the date when the Corporation is required to deposit securities with the special court pursuant to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>section 303(a) (1) of this title, the Association shall deposit with the special court the certificates of value of the Association required by this <sidenote><p class="indent0 firstIndent0 fontsize8">Guaranteed payment.</p></sidenote>section. The Secretary shall guarantee the payment of all certificates of value delivered in accordance with this title. All guarantees entered by the Secretary under this section shall constitute general obligations of the United States of America for the payment or redemption of which its full faith and credit are pledged. Such guarantees shall be valid and incontestable except as to mutual mistake of fact or as to fraud or material misrepresentation by the holder of such certificates or the transferor of rail properties to which certificates of value of any series so guaranteed are issued.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Number and Distribution</inline>.—</heading><content>A separate series of certificates of value shall be issued to each railroad in reorganization in the region and each person leased, operated, or controlled by such a railroad that transfers rail properties to the Corporation or a subsidiary thereof. The number of certificates of value of each series to be deposited pursuant to subsection (a) shall be equal to the number of shares of series B preferred stock of the Corporation which are required to be deposited by the Corporation with the special court, pursuant to section 303(a) (1) of this title in exchange for the rail properties transferred to the Corporation or a subsidiary thereof by such transferor. Certificates of value of the appropriate series shall be distributed by the special court, pursuant to section 303(c) (4) of this title, at the same time to the same transferors, and in the same numbers of units as shares of such series B preferred stock are distributed to such transferor.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Redemption</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Certificates of value, of any series, shall be redeemed by the Association on December 31, 1987, or on such earlier date as the Board of Directors of the Association and the Finance Committee jointly may determine and specify.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Each certificate of value of each series shall be redeemable for an amount, payable in cash, equal to its base value on the redemption date, minus—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the sum of the fair market value of the series B preferred stock applicable to such certificate, the fair market value of the common stock applicable to such certificate, and all cash dividends theretofore paid on any such series B preferred stock and on any such common stock; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>any sums paid to a transferor of rail properties to whom such series of certificates of value was issued resulting from sales or leases by the Corporation of properties transferred to it by such transferor divided by the number of certificates of value distributed to such transferor.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The number of shares of series B preferred stock and common stock applicable to each certificate of value of any series, pursuant to paragraph (2) of this subsection, shall be—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>one share of series B preferred stock (without regard to any stock splits, stock combinations, reclassifications or similar transactions affecting the number of shares of outstanding series B preferred stock following the date of distribution pursuant to section 303(c) (4) of this title); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the number of shares of common stock determined by dividing the total number of shares of common stock distributed pursuant to section 303(c) (4) of this Act to the transferor receiv-<page identifier="/us/stat/90/105">90 STAT. 105</page>ing such series of certificate of value by the total number of certificates of value in the series so distributed to such transferor.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The base value of each certificate of value of any series shall be <sidenote><p class="indent0 firstIndent0 fontsize8">Base value.</p></sidenote>the value obtained by (A) taking the net liquidation value, as determined by the special court, to which the transferor to whom such series of certificates of value is issued is entitled by virtue of transfers of rail properties, under section 303(b)(1) of this title to the Corporation <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>or a subsidiary thereof; (B) subtracting the value of other benefits provided under this Act, as determined by the special court; (C) adding such amount, if any, as the special court may determine shall be required after taking into consideration compensable unconstitutional erosion, if any, in the estate of a railroad in reorganization, or of a railroad leased, operated, or controlled by such a railroad, which the special court finds to have occurred during any bankruptcy proceeding with respect to such railroad; (D) adding interest from the transfer date to the redemption date to be compounded annually at a rate of 8 percent per annum; and (E) dividing the resulting value by the number of certificates of value of such series distributed to such transferor. In determining such base value, the special court shall give due weight and consideration to the finding of the Association as to the net liquidation value to which each transferor is entitled by virtue of conveyances of rail properties under section 303 (b)(1) of this title. For purposes of this paragraph, the term ‘rail <sidenote><p class="indent0 firstIndent0 fontsize8">“Rail properties.”</p></sidenote>properties’ includes all rights with respect to employee benefit plans transferred and assigned to the Corporation pursuant to section 303 (b) (6) of this title. Net liquidation value with respect to such rights <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 110.</p></sidenote>shall be determined after taking into account all obligations finally transferred or assigned to the Corporation pursuant to such section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The fair market value of series B preferred stock and of commonstock <sidenote><p class="indent0 firstIndent0 fontsize8">Fair market value.</p></sidenote>of the Corporation shall be determined in accordance with regulations prescribed by the Association, on the basis of the average price of each such security in the primary established market in which such securities are traded over a period of 120 consecutive trading days ending not less than 20 nor more than 40 trading days preceding the redemption date, or, in the case of a security for which there is not an established trading market, on the basis of the fair market value thereof as determined by the majority vote of three experts in the valuation of securities, one to be selected by the Association, one to be selected by the directors of the Corporation elected by the holders of the security to be valued, and one to be selected by the two first selected.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Authorization for Appropriations</inline>.—</heading><content>There are authorized to be appropriated to the Secretary such sums as are necessary to discharge the obligations of the United States arising under this section.”</content> </subsection> </section> </quotedContent> </content> </subsection> </section> <section> <heading class="centered smallCaps">officers and directors of the corporation</heading> <num value="611"><inline class="smallCaps">Sec</inline>. 611. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 301(c) of such Act (45 U.S.C. 741(c)) is amended by inserting “<quotedText>(1)</quotedText>” immediately before “<quotedText>The members</quotedText>”, by deleting the second sentence of such paragraph (1) and by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Notwithstanding any provision of State law, after the date of enactment of this paragraph, the members of the executive committee of the Association (including duly authorized representatives of members who are authorized by this Act to be represented) and the chief executive officer and chief operating officer of the Corporation shall adopt the bylaws of the Corporation and serve as the Board of Direc-<page identifier="/us/stat/90/106">90 STAT. 106</page>tors of the Corporation until all members of the Board of Directors of the Corporation have been selected in accordance with subsection (d) of this section. The chief executive officer shall serve as chairman of such Board until a chairman thereof is selected pursuant to subsection (d) of this section, after which time such chairman shall serve at the pleasure of such Board.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 301(d) of such Act (45 U.S.C. 741(d)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Board of Directors</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Notwithstanding any provision of State law, the articles of incorporation and bylaws of the Corporation shall provide that the Board or Directors of the Corporation shall consist of 13 members selected in accordance with the articles and bylaws of the Corporation, as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>six individuals selected by the holders of the Corporation’s debentures and series A preferred stock voting as one class, with every $100 principal amount of debentures, and every $100 liquidation amount of series A preferred stock each receiving one vote for directors;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>three individuals selected by the holders of the Corporation’s series B preferred stock; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>two individuals selected by the holders of the Corporation’s common stock.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The chief executive officer and the chief operating officer of the Corporation shall also serve on the Board, but the chief executive officer and chief operating officer of the Corporation shall not be entitled to vote on the election or removal of either. In the event a vacancy occurs on the Board of Directors due to death, disability or resignation of a director (other than resignations pursuant to this subsection), such vacancy shall be filled only by a vote of the holders of the class of securities that initially elected such director. Two members of the Board selected by the holders of the Corporation’s debentures and series A preferred stock shall resign when the total of the principal amount of the outstanding debentures and the amount of the liquidation amount of the outstanding series A preferred stock, once having exceeded $1,500,000,000, has been reduced below that amount; two additional members of the Board selected by the holders of the Corporation’s delientures and series A preferred stock of the Corporation shall resign when the total of the principal amount of the outstanding debentures and the amount of the liquidation amount of the outstanding series A preferred stock, once having exceeded $1,500,000,000, has been reduced lielow $750,000,000. The two remaining members of the Board selected by the holders of the Corporation’s debentures and series A preferred stock shall resign when all the debentures and series A preferred stock have been redeemed by the Corporation. As directors resign in accordance with the foregoing provisions, the election of corporate directors to fill the vacancies created by their resignations shall be governed by applicable State law and the articles and bylaws of the Corporation.”.</content> </paragraph> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 301 of such Act (45 U.S.C. 741) is amended by (1) striking out subsection (f) thereof; (2) redesignating subsection (g) thereof as subsection (h); and (3) inserting therein the following two new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Officers</inline>.—</heading><content>The officers of the Corporation shall include a chief executive officer and a chief operating officer, who shall be appointed by the Board of Directors and who snail serve at the pleasure of the Board; and such other officers as shall be provided for in the bylaws of the Corporation.</content> </subsection> <page identifier="/us/stat/90/107">90 STAT. 107</page> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">Voting Trustees</inline>.—</heading><content>For and during the period between the deposit of securities of the Corporation with the special court, in accordance with section 303(a) of this title, and the distribution of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>such securities, in accordance with section 303(c) of this title, the special court shall, within 30 days after the date of conveyance pursuant to section 303(b)(1) of this Act, appoint one or more voting trustees for each class of securities which is so deposited. Such voting trustees shall, on behalf of the distributees, exercise the rights of the holders of such securities as their interests may appear. Within 30 days after such appointment, such voting trustees shall select members of the Board of Directors of the Corporation on behalf of the holders of the class of securities whose rights they exercise pursuant to this subsection.”.</content> </subsection> </quotedContent> </content></subsection> </section> <section> <heading class="centered smallCaps">miscellaneous amendments to title iii</heading> <num value="612"><inline class="smallCaps">Sec</inline>. 612. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 303(b) (3) of such Act (45 U.S.C. 743(b) (3)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i) </num> <content>Notwithstanding any other provision of this Act, if <sidenote><p class="indent0 firstIndent0 fontsize8">Railroad rolling stock, conveyance.</p></sidenote>an interest in railroad rolling stock is included in the rail properties conveyed pursuant to subsection (b) (1) of this section, and if such conveyance is in accordance with the requirements of clause (ii) of this subparagraph, the conveyance of sucn properties shall be deemed an assignment. Any such assignment shall relieve the assignor of liability for any breach which occurs after the date of such conveyance, except that such assignor shall remain liable for any breach, event of default, or violation of covenant which occurred (and any charges or obligations which accrued) prior to the date of such conveyance, regardless of whether the assignee thereof assumes such liabilities, charges or obligations. If any such liabilities, charges, or obligations (accrued prior to the date of such conveyance) are paid by or on behalf of any person or entity other than such assignor, such person or entity shall have a claim to direct reimbursement, as a current expense of administration, from such assignor, together with interest on the amount so paid.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau>A conveyance referred to in clause (i) of this subparagraph may be effected only if—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the Corporation or a subsidiary thereof, the profitable railroad operating in the region, or the State or responsible person to whom such conveyance is made assumes all of the obligations under any applicable conditional sale agreement, equipment trust agreement, or lease with respect to such rolling stock (including any obligations which accrued prior to the date on which such properties are conveyed), and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>such conveyance is made subject to such obligations.</content> </subclause> <continuation class="indent0 firstIndent0 fontsize10">As used in this subparagraph, the term ‘railroad rolling stock’ means <sidenote><p class="indent0 firstIndent0 fontsize8">“Railroad rolling stock.”</p></sidenote>assets which could be carried in Interstate Commerce Commission account numbers 52, 53, 54, and 57.</continuation> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Subject to the provisions of this paragraph, the provisions of this Act snail not affect the title and interests of any lessor, equipment trust trustee, or conditional sale vendor under any conditional sale agreement, equipment trust agreement, or lease under section 77(j) of the Bankruptcy Act (11 U.S.C. 205(j)). A profitable railroad operating in the region, the Corporation or a subsidiary thereof, or a State or responsible person, to whom such a conveyance is made as assignee or as lessee; shall assume all liability under such conditional sale agreement, equipment trust agreement, or lease. Such an assignment or conveyance to, and such an assumption of liability by, <page identifier="/us/stat/90/108">90 STAT. 108</page>such a profitable railroad, Corporation, subsidiary, State, or responsible person shall not be deemed a breach, an event of default, or a violation of any covenant of any such conditional sale agreement, equipment trust agreement, or lease so assigned or conveyed, notwithstanding any provisions of any such agreement or lease.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 201 of the Government Corporation Control Act (31 U.S.C. 856) is amended by (1) inserting “<quotedText>and</quotedText>” after the comma at the end of subsection (7) thereof; and (2) deleting “<quotedText>, and (9) the Consolidated Rail Corporation to the extent provided in the Regional <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s701">45 USC 701 note</ref>.</p></sidenote>Rail Reorganization Act of 1973.</quotedText>” and inserting in lieu thereof “<quotedText>.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 303(a) (11 of such Act (45 U.S.C. 743(a)(1)) is amended by inserting after “<quotedText>Corporation</quotedText>”, the second time it appears “or any subsidiary thereof”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Paragraphs (1) and (2) of section 303(b) of such Act (45 U.S.C. 743(b) (1) and (2)) are amended by inserting after “<quotedText>Corporation</quotedText>” each time it appears therein (except the first time) “or any subsidiary thereof”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 303(c)(1) of such Act (45 U.S.C. 743(c)(1)) is amended by inserting after “<quotedText>Corporation</quotedText>” each time it appears “or any subsidiary thereof”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Paragraph (2) (A) of section 303(c) of such Act (45 U.S.C. 743(c) (2) (A)) is amended by striking “<quotedText>Corporation</quotedText>” the second time it appears and inserting in lieu thereof “<quotedText>Corporation or any subsidiary thereof </quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 303(a)(2) of such Act (45 U.S.C. 743(a)(2)) is amended by inserting after “<quotedText>region</quotedText>” the first time it appears “and each State or responsible person (including a government entity)”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 303(b)(1) of such Act (45 U.S.C. 743(b)(1)) is amended (A) by inserting immediately after “<quotedText>region</quotedText>” the first place it appears the following: “<quotedText>, States, and responsible persons</quotedText>”, and (B) by striking out “<quotedText>and the respective profitable railroads operating in the region</quotedText>” and inserting in lieu thereof “<quotedText>, the respective profitable railroads operating in the region, States, and responsible persons</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 303(b)(2) of such Act (45 U.S.C. 743(b)(2)) is amended by striking out “<quotedText>and the respective profitable railroads operating in the region</quotedText>” and inserting in lieu thereof “<quotedText>, the respective profitable railroads operating in the region, States, and responsible persons</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Paragraph (4) of section 303(b) of such Act (45 U.S.C. 743 (b) (4) J is amended by striking “<quotedText>or the profitable railroad</quotedText>” and inserting in lieu thereof “<quotedText>, profitable railroad, State, or responsible person</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Section 303(c) of such Act (45 U.S.C. 743(c)) is amended by striking “<quotedText>and profitable railroads operating in the region</quotedText>” and inserting in lieu thereof “<quotedText>, profitable railroads operating in the region, States, and responsible persons</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Paragraph (1) (A) (ii) of section 303 (c) of such Act (45U.S.C. 743(c) (1) (A) (ii)) is amended by inserting “<quotedText>State, or responsible person</quotedText>” after “<quotedText>region,</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Paragraph (3) of section 303(c) of such Act (45 U.S.C. 743(c) (3)) is amended by inserting “<quotedText>, State, or responsible person</quotedText>” after “<quotedText>region</quotedText>” and by inserting after “<quotedText>railroad</quotedText>” each time it appears therein (except the first time) “, State, or responsible person”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Paragraph (4) of section 303(c) of such Act (45 U.S.C. 743(c) (4)) is amended by inserting “<quotedText>, States, and responsible persons</quotedText>” after “<quotedText>railroads</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Section 303(c)(2) of such Act (45 U.S.C. 743(c)(2)) is amended by (1) striking out “<quotedText>shall</quotedText>” in the clause preceding subparagraph (A) thereof and inserting “<quotedText>may</quotedText>” in lieu thereof; (2) striking <page identifier="/us/stat/90/109">90 STAT. 109</page>out the semicolon at the end of subparagraph (A) thereof and inserting in lieu thereof “<quotedText>, except that at least one share of series B preferred stock and one certificate of value shall be allocated to each such railroad;</quotedText>”; and (3) amending subparagraph (C) thereof to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num><content>enter a judgment against the Corporation if the judgment would not endanger the viability or solvency of the Corporation.”.</content></subparagraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Section 303(c) of such Act (45 U.S.C. 743(c)) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Whenever the special court orders, pursuant to section 303(b) (1) of this title, the transfer or conveyance to the Corporation or any subsidiary thereof of rail properties designated under section 206 (c)(1) (C) or (D) of this Act, to the National Railroad Passenger <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>Corporation, to a profitable railroad, or to a State, or responsible person (including a government entity), the United States shall pay any judgment entered against the Corporation with respect to the conveyance of any such rail properties or against the National Railroad Passenger Corporation, such profitable railroad, State, or responsible person, plus interest thereon at such rate as is constitutionally required. The United States may, in its discretion, represent the Corporation or the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, in any proceedings before the special court that could result in such a judgment against the Corporation under paragraph (2) of this subsection or against the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, under paragraph (3) of this subsection. The Corporation, the National Railroad Passenger Corporation, any profitable railroad, State, or responsible person, which is represented by the United States of America shall cooperate diligently in whatever manner the United States shall reasonably request of it in connection with such proceedings. Neither the Corporation, or its subsidiaries, nor the National Railroad Passenger Corporation, any profitable railroad, State or responsible person, shall be obligated to reimburse the United States for any moneys paid by the United States pursuant to this section.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Section 303(d) of such Act (45 U.S.C. 743(d)) is amended by (1) striking out “<quotedText>5</quotedText>” and inserting in lieu thereof “<quotedText>20</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>Section 303(c)(4) of such Act (45 U.S.C. 743(c)(4)) is amended by (1) striking out “<quotedText>subsection (b)</quotedText>” and inserting in lieu thereof “<quotedText>subsection (a)</quotedText>”; and (2) inserting after “<quotedText>region</quotedText>” the following: “<quotedText>and to persons leased, operated, or controlled by such railroads who so transferred or conveyed rail properties</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <content>Section 303 of such Act (45 U.S.C. 743) is amended by (1) adding “, certificates of value” after “<quotedText>securities</quotedText>” in subsection (c)(1) (A) (i) thereof, in the preamble of subsection (c) (2) and in subsection (c)(2) thereof, and in subsection (c)(3) thereof; (2) adding “<quotedText>and certificates of value</quotedText>” after “<quotedText>of the Corporation</quotedText>” in subsection (c) (2) (A) thereof and after “<quotedText>Corporation’s securities</quotedText>” in subsection (c) (2) (B) thereof; (3) striking out “<quotedText>obligations of the Association</quotedText>” each place the phrase appears and inserting in lieu thereof “<quotedText>certificates of value issued by the Association</quotedText>”; and (4) striking out “<quotedText>obligations</quotedText>” each place it appears other than as part of such phrase and inserting in lieu thereof “<quotedText>certificates of value</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 301(a) of such Act (45 U.S.C. 741(a)) is amended by inserting immediately after “<quotedText>Corporation</quotedText>” the following: “<quotedText>or such other corporate name as may be duly adopted by the Corporation</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 201 (k) of such Act (45 U.S.C. 711 (k)), as redesignated by section 603(a) of this Act, is amended (A) by striking out “<quotedText>these provisions</quotedText>” in the third sentence thereof and inserting in lieu thereof “<quotedText>this provision</quotedText>”; (B) by striking out “<quotedText>or the Corporation</quotedText>” each place <page identifier="/us/stat/90/110">90 STAT. 110</page>it appears in the third and fourth sentences thereof; and (C) by striking out the second sentence thereof.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 301(b) of such Act (45 U.S.C. 741(b)) is amended in the third sentence thereof by inserting immediately after “<quotedText>of the Corporation</quotedText>” the following: “<quotedText>or of its principal railroad operating subsidiary</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="k">(k) </num> <content>Section 303(b)(4) of such Act (45 U.S.C. 743(b)(4)) is amended by inserting immediately after “<quotedText>is made assumes</quotedText>” the following: “<quotedText>all future liability under such lease and</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="l">(l) </num> <content>Section 303(b) of such Act (45 U.S.C. 743(b)) is amended by inserting at the end thereof the following two new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Notwithstanding any covenant, undertaking, condition, or provision of any sort in any lease, agreement, or contract, the conveyance, transfer, assignment, or other disposition of such lease, agreement, or contract or of any interest therein to, or the assumption by, the Corporation or any subsidiary thereof, or a profitable railroad of obligations thereunder, shall not be deemed a breach, an event of default, or a violation of any covenant of such lease, agreement, or contract.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Notwithstanding anything to the contrary contained in this Act or any other provision of law, the special court shall include in its order such further directions as may be necessary to assure (A) that the operation and administration of the employee pension benefit plans <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s775">45 USC 775</ref>.</p></sidenote>described in section 505(a) of this Act shall be continued, without termination or interruption, by the Corporation until such time as the Corporation elects to amend or terminate any such plan, in whole or in part; and (B) that appropriate transfers and assignments with respect to all rights and obligations relating to such plans shall be made to the Corporation for such purposes, without prejudice to payment of consideration for whatever rights any railroad in reorganization may have in any residual assets under any such employee pension benefit plan. No court shall enter any judgment against the Corporation with respect to any such rights, except that the special court may enter such a judgment in an order issued by it pursuant to subsection (c) of this section, after taking into consideration the rights and obligations transferred pursuant to this paragraph. All liabilities as an employer shall be imposed solely upon the railroad in reorganization in the event such plan is terminated, in whole or in part, by the Corporation within 1 year after the date of such transfer or assignment (except liabilities as an employer under the Employee Retirement Income <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s1001">29 USC 1001 note</ref>.</p></sidenote>Security Act of 1974 for benefits accruing during such period).”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="m">(m) </num> <content>Section 301 of such Act (45 U.S.C. 741) is amended by adding at the end thereof the following two new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <heading><inline class="smallCaps">Liability of Bisectors</inline>.—</heading><content>No director of the Corporation shall be liable, for money damages or otherwise, to any party by reason of the fact that such person is or was a director, if, with respect to the subject matter of the action, suit, or proceeding, such person was fulfilling a duty which he in good faith reasonably believed to lie required by law or vested in him in his capacity as a director of the Corporation or as an officer of the United States. The United States shall indemnify such person against all judgments, amounts paid in settlement, and costs and expenses (including fees of accountants, experts, and attorneys), actually and reasonably incurred in connection with any such action, suit, or proceeding in which such person is determined to have met such standard of conduct. This subsection shall not be construed to grant any immunity from any criminal law of the United States.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <heading><inline class="smallCaps">Corporate Simplification</inline>.—</heading><content>In the interest of corporate simplification, the Corporation, in implementing the final system plan, shall undertake, as soon as possible and pursuant to financial assistance provided by the Railroad Revitalization and Regulatory Reform <page identifier="/us/stat/90/111">90 STAT. 111</page>Act of 1976, to acquire all interests in rail lines and related rail properties <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote>otherwise conveyed to the Corporation, upon the tender of such interests to it, so as to eliminate any remaining intermediate layers of ownership or interest, such as leaseholds, owned or held by persons who are neither a railroad, a railroad in reorganization, nor controlled by a railroad in reorganization. Any option conditions regarding the purchase price for such interests, in existence since prior to January 2, 1974, shall be deemed to be conclusive of fair and equitable value.”.</content> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="n">(n) </num> <content>Section 303(c)(3) of such Act (45 U.S.C. 743(c)(3)) is amended by adding at the end thereof the following: “<quotedText>The special court shall also find the amount of the payments, if any, which each profitable railroad has made on behalf of a transferor railroad in reorganization in accordance with section 211 (h) of this Act, for which <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 92.</p></sidenote>payment the profitable railroad has not been reimbursed, as provided in section 211(h). Notwithstanding any other provision of this paragraph or of paragraph (4), the special court shall order the return to any such profitable railroad from compensation deposited by such profitable railroad pursuant to section 303(a) (2), of any such amount so found together with interest at the rate provided in section 211 (h).</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="o">(o) </num> <content>Section 303(b) (11 of such Act (45 U.S.C. 743(b)(1)) is amended by striking out “<quotedText>railroad leased</quotedText>” and inserting in lieu thereof “<quotedText>person leased</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="p">(p) </num> <content>Section 303(b)(1) of such Act (45 U.S.C. 743(b)(1)) is amended by adding at the end thereof the following: “<quotedText>In any case where the special court orders the trustee or trustees of a railroad in reorganization in the region to execute and deliver deeds or other instruments conveying rail properties to the Corporation or a subsidiary thereof or to a profitable railroad operating in the region or a State or responsible person, those deeds or other instruments may be executed, acknowledged, and delivered on behalf of the trustee or trustees by any person or persons who have been duly authorized to perform such acts on behalf of the trustee or trustees by the district court of the United States or any other court having jurisdiction over the respective railroad in reorganization in the region. Notwithstanding any provision of State or local law, in any case where deeds or other instruments have been executed, acknowledged, or delivered by a representative of the trustee or trustees of a railroad in reorganization in the region in accordance with the previous sentence, such execution, acknowledgment, and delivery, and the deeds or other instruments to which they pertain, shall have the same legal effect as they would have had if the trustee or trustees had themselves executed, acknowledged and delivered such deeds or other instruments.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="q">(q) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 303(c) (1) (A) (i) of such Act is amended by inserting after “<quotedText>exchange</quotedText>” the second time it appears the following: “<quotedText>(taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 303(c) (1) (A) (ii) of such Act (45 U.S.C. 743(c)(1) (A) (ii)) is amended by inserting immediately after “<quotedText>region,</quotedText>” the following: “<quotedText>in exchange for compensation and other benefits accruing to such transferor as a result of such exchange (taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 303(c)(2) of such Act (45 U.S.C. 743(c)(2)) is amended by inserting immediately after “<quotedText>reorganization</quotedText>” the second time it appears the following: “<quotedText>(taking into consideration compensa-<page identifier="/us/stat/90/112">90 STAT. 112</page>ble unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 303(c)(3) of such Act (45 U.S.C. 743(c)(3)) is amended by adding at the end thereof the following new sentence: “<quotedText>In making any finding under this paragraph, the special court shall take into consideration compensable unconstitutional erosion, if any, which it finds to have occurred in the estate of a railroad in reorganization in the region, or of a railroad leased, operated, or controlled by such a railroad, during the bankruptcy proceeding with respect to such railroad.</quotedText>”.</content> </paragraph> </subsection> </section> <section> <heading class="centered smallCaps">definitions</heading> <num value="613"><inline class="smallCaps">Sec</inline>. 613. </num> <chapeau>Section 501 of such Act (45 U.S.C. 771) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraphs (1) and (6) thereof, by inserting immediately after “<quotedText>Corporation</quotedText>” each place it appears the following: “<quotedText>or a subsidiary thereof</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (2) thereof (A) by inserting immediately after “<quotedText>Corporation</quotedText>” the following: “<quotedText>or a subsidiary thereof, to the National Railroad Passenger Corporation,</quotedText>”; and (B) by striking out “<quotedText>except a president,</quotedText>” and inserting in lieu thereof “<quotedText>(except a Class I railroad which is not wholly owned, operated, or leased by a railroad in reorganization but is controlled by a railroad in reorganization), but does not include a president,</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by amending paragraph (3) thereof to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>‘protected employee’ means any employee of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>an acquiring or selling railroad who is adversely affected by a transaction;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Corporation who, immediately preceding such employment by the Corporation, was employed by a selling railroad and who is adversely affected by the sale of rail properties to the Corporation pursuant to an offer designated <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>under section 206(c) (2) of this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>a railroad in reorganization in the region; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>a railroad who is adversely affected by a <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 100.</p></sidenote>supplemental transaction under section 305 of this Act or by a project recommended under section 206(g) of this Act;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">who, in any such case, has not reached age 65 on the effective date of this Act;”</continuation> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>amending paragraph (8) thereof by (A) striking out “<quotedText>this Act or</quotedText>” and inserting in lieu thereof “<quotedText>this Act, including section 305 thereof, or</quotedText>”, <quotedText>and</quotedText> (B) striking out “<quotedText>and</quotedText>” at the end of such paragraph;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>striking out the period at the end of paragraph (9) thereof and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>‘selling railroad’ means a railroad which sells rail properties pursuant to an offer designated under section 206(c) (2) of this Act.”.</content> </paragraph> </quotedContent> </content></paragraph> </section> <section> <heading class="centered smallCaps">employment offers</heading> <num value="614"><inline class="smallCaps">Sec</inline>. 614. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 502(b) of such Act (45 U.S.C. 772(b)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Mandatory Offer</inline>.—</heading><content>The Corporation shall offer employment, to be effective as of the date of a conveyance or discontinuance of serv-<page identifier="/us/stat/90/113">90 STAT. 113</page>ice under the provisions of this Act, to each employee of a railroad in reorganization in the region who has not already accepted an offer of employment by the Association (where applicable), an acquiring railroad, or the Corporation. Such offers of employment to employees represented by labor organizations shall be confined to their same craft and class. The Corporation shall apply to such employees the protective provisions of this title.”.</content> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 502(a) of such Act (45 U.S.C. 772(a)) is amended by adding at the end thereof the following new sentence: “<quotedText>As used in this subsection, the term ‘where applicable’ refers to the relation of the Association, as an employer (A) to employees of the Association who, before the date of conveyance, under section 303(b) (1) of this Act, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>had creditable service under the relevant statute and who were offered and accepted coverage under such statute, and (B) to former employees of railroads in reorganization in the region, after the date of such conveyance.</quotedText>”.</content> </subsection> </section> <section> <heading class="centered smallCaps">collective bargaining agreements</heading> <num value="615"><inline class="smallCaps">Sec</inline>. 615. </num> <content>Section 504 of such Act (45 U.S.C. 774) is amended by adding at the end thereof the following three new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Liability for Employee Claims</inline>.—</heading><content>In all cases of claims by employees, arising under the collective bargaining agreements of the railroads in reorganization in the region, and subject to section 3 of the Railway Labor Act (45 U.S.C. 153), the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier, as the case may be, shall assume responsibility for the processing of any such claims, and payment of those which are sustained or settled on or subsequent to the date of conveyance, under section 303(b)(1) of this Act, and shall be entitled to direct reimbursement from the Association pursuant to section 211(h) of this Act. In those cases in which <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 92.</p></sidenote>claims for employees were sustained or settled prior to such date of conveyance, it shall be the obligation of the employees to seek satisfication against the estates of the railroads in reorganization which were their former employers.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Transfer of Employees to the National Railroad Passenger Corporation or Acquiring Railroads</inline>.—</heading><chapeau>Notwithstanding any otherwise applicable provisions of this title, protected employees to whom the Corporation has made offers of employment may be transferred to the National Railroad Passenger Corporation in accordance with the following procedure:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>Not later than 90 days after the date of completion of the transaction required by section 206(c) of this Act, implementing <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>agreement negotiations between representatives of the various crafts or classes of employees associated with the involved properties, the Corporation, and the National Railroad Passenger Corporation shall commence. These negotiations shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>identify the specific employees of the Corporation to whom the National Railroad Passenger Corporation offers employment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the procedure by which those employees of the. Corporation may elect to accept employment with the National Railroad Passenger Corporation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the procedure for acceptance of such employees into the National Railroad Passenger Corporation’s employment; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the procedure for determining the seniority of such employees in their respective crafts or classes on the National <page identifier="/us/stat/90/114">90 STAT. 114</page>Railroad Passenger Corporation’s system which shall, to the extent possible, preserve their prior seniority rights.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">If no agreement regarding the matters referred to in this subsection is reached by the end of 60 days after the date of commencement of negotiations (which shall also be a date which is at least 90 days after the transaction contemplated by section 601(d) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s791">45 USC 791</ref>.</p></sidenote>of this Act), upon notice of any party, all parties thereto shall within an additional 10 days select a neutral referee. If such parties are unable to agree upon the selection of such a referee, the National Mediation Board shall promptly appoint a referee. <sidenote><p class="indent0 firstIndent0 fontsize8">Hearings.</p></sidenote>Hearings shall commence not later than 30 days after the date of selection or appointment of such referee, and a decision shall be rendered by such referee within 60 days after the date of commencement of the hearings. The referee shall resolve and decide all matters in dispute regarding the negotiation of the implementing agreement or agreements. All parties may participate, but the referee shall have the only vote. The referee’s decision shall be final and binding and shall constitute the implementing agreement or agreements between the parties. The salary and expenses of the referee shall be paid pursuant to the provisions <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s151">45 USC 151</ref>.</p></sidenote>of the Railway Labor Act.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Prior to implementation of an agreement or agreements pursuant to paragraph (1) of this subsection, the representatives of the various crafts or classes of employees designated to be transferred to the National Railroad Passenger Corporation shall meet with representatives of the National Railroad Passenger Corporation for the purposes of negotiating agreements regarding rates of pay, rules, and working conditions. If, 60 days after the date of commencement of such negotiations, no agreement has been reached, the bargaining agreement in existence on the rail properties from which the employees are to be transferred and which is applicable to the craft or class of employees being transferred will apply and such implementing agreement will be put into effect.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>An employee of the Corporation who is entitled to protection and who is transferred as a result of an acquisition pursuant to this Act shall upon transfer to the National Railroad Passenger Corporation or to an acquiring railroad, carry with him his protected status. The National Railroad Passenger Corporation or an acquiring railroad, as new employers, shall be responsible for payment of protective benefits and shall be entitled to reimbursement <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 116.</p></sidenote>pursuant to section 509 of this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The National Railroad Passenger Corporation may prior to completion of any of the agreements referred to in this section, offer employment to any noncontract employee. Noncontract employees accepting employment with the National Railroad Passenger Corporation shall carry with them all rights and benefits accorded to them under this title.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">Assumption of Personal Injury Claims</inline>.—</heading><content>All cases or claims by employees or their personal representatives for personal injuries or death against a railroad in reorganization in the region arising prior to the date of conveyance of rail properties, pursuant to section <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>303 of this Act, shall be assumed by the Corporation or an acquiring railroad, as the case may be. The Corporation or the acquiring railroad shall process and pay any such claims that are sustained or settled, and shall be entitled to direct reimbursement from the Association <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 92.</p></sidenote>pursuant to section 211(h) of this Act.”.</content> </subsection> </quotedContent> </content> </section> <page identifier="/us/stat/90/115">90 STAT. 115</page> <section> <heading class="centered smallCaps">employee protection</heading> <num value="616"><inline class="smallCaps">Sec</inline>. 616. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 505(a) of such Act (45 U.S.C. 775(a)) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “<quotedText>, including benefits under any employee pension benefit plan in effect on December 1, 1975, other than a plan maintained primarily for the purpose of providing deferred compensation for a select group of management personnel or other highly compensated employees. For purposes of protecting employee pension benefits under this title, the term ‘protected employee whose employment is governed by a collective-bargaining agreement’ includes any beneficiary of, and any participant in, such plan, including non-contract employees. The protected benefits of such beneficiary or participant, accrued as of the date of conveyance, may be limited to the amount guaranteed under terminated plans pursuant to title IV of the Employee Retirement Income Security Act of 1974. Pension benefits <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s1301">29 USC 1301</ref>.</p></sidenote>shall not be paid to any beneficiary of a terminated plan whose benefits are guaranteed by such Act.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 505(b)(1) of such Act (45 U.S.C. 775(b)(1)) is amended by striking out “<quotedText>the last 12 months immediately prior to his being adversely affected</quotedText>” and inserting in lieu thereof “<quotedText>the 12 full calendar months immediately preceding February 26, 1975, or in the case of a supplementary transaction, the 12 full calendar months immediately preceding the effective date of such transaction</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 505(b)(3) of such Act (45 U.S.C. 775(b)(3)) is amended by striking out “<quotedText>his being adversely affected</quotedText>” and inserting in lieu thereof “<quotedText>February 26, 1975, or the effective date of the supplemental transaction, as the case may be</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 505(b) of such Act (45 U.S.C. 775) is amended by (1) redesignating paragraph (4) thereof as paragraph (5) thereof and (2) inserting a new paragraph (4) therein as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>If a noncontract employee exercises seniority rights in a <sidenote><p class="indent0 firstIndent0 fontsize8">Noncontract employees.</p></sidenote>craft or class of employees protected under this Act, then, during the period such seniority is exercised, such noncontract employee shall be entitled to the same protection offered under this Act to employees in the craft or class in which such seniority is exercised. However, in computing the monthly displacement allowance, the last 12 months prior to February 26, 1975, during which such noncontract employee performed service under a collective-bargaining agreement, shall be used.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Section 505(f) of such Act (45 U.S.C. 775(f)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Termination Allowance</inline>.—</heading><content>The Corporation may terminate the employment of an employee of a railroad in reorganization who has less than 3 years’ service with such railroad, as of the date of enactment of this Act. The Corporation’s right to terminate an employee must be exercised within a period of 1 year from the date of conveyance, pursuant to section 303 of this Act. Upon notification to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>the employee of the Corporation’s intent to terminate his services, the employee shall have the option of accepting the termination allowance or of accepting a voluntary furlough without pay. If the employee entitled to receive a lump sum separation allowance accepts such an allowance, the amount shall be determined as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> </caption> <tbody> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">2 to 3 years’ service</td> <td style="text-align:right; vertical-align:bottom">180 days’ pay at the rate of the position last held.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">1 to 2 years’ service</td> <td style="text-align:right; vertical-align:bottom">90 days’ pay at the rate of the position last held.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">Less than 1 year’s service</td> <td style="text-align:right; vertical-align:bottom">5 days’ pay at the rate of the position last held for each month of service.”</td> </tr> </tbody> </table> </content> </subsection> </quotedContent> </content></subsection> <page identifier="/us/stat/90/116">90 STAT. 116</page> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Section 505(h) of such Act (45 U.S.C. 775(h)) is amended by adding at the end thereof the following new sentence: “Provisions of this title shall be applied, upon a conveyance or discontinuance of service, to employees who are otherwise entitled to protective benefits and who were placed in furlough status on or after February 26, 1975.”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Section 505 of such Act (45 U.S.C. 775) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <heading><inline class="smallCaps">Noncontract Employees</inline>.—</heading><chapeau>Compensation, severance, termination, and moving expense benefits for employees not governed by a collective-bargaining agreement shall be consistent with subsections (b), (c), (e), (f), and (g) of this section and shall be in accordance with the following provisions:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>A protected employee, whose employment is not governed by the terms of a collective-bargaining agreement, may be required by the Corporation, upon reasonable notice, to transfer to any position on the Corporation’s system. If such transfer requires a change in residence, the employee may either voluntarily suspend his employment at his home location in lieu of protective benefits, or he may sever his employment and receive a benefit computed in accordance with subsection (e) or (f) of this section. These provisions supersede all provisions or conditions in subsection (d) of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If any dispute arises between the Corporation and a noncontract employee regarding the interpretation or application of any provision of this title, the Corporation shall establish a resolution procedure with arbitration as the final step. Either party may request arbitration, and the cost and expenses of such arbitration shall be shared equally by the parties.”.</content> </paragraph> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>Section 509 of such Act (45 U.S.C. 779) is amended to read as follows: <quotedContent> <section> <heading class="centered smallCaps">“payment of benefits</heading> <num value="509"><inline class="smallCaps">“Sec</inline>. 509. </num><content>The Corporation, the Association (where applicable), and acquiring railroads, as the case may be, shall be responsible for the actual payment of all allowances, expenses, and costs provided protected employees pursuant to the provisions of this title. The Corporation, the Association (where applicable), and acquiring railroads shall then be reimbursed for the actual amounts paid to, or for the benefit of, protected employees, pursuant to the provisions of this title, other than provisions with respect to employee pension benefits, not to exceed the aggregate sum of $250,000,000, by the Railroad Retirement Board, upon certification to such Board, by the Corporation, the Association (where applicable), and acquiring railroads, of <sidenote><p class="indent0 firstIndent0 fontsize8">Regional Rail Transportation Protective Account.</p></sidenote>the amounts paid such employees. Such reimbursement shall be made from a separate account maintained in the Treasury of the United States to be known as the Regional Rail Transportation Protective Account, Neither the Regional Rail Transportation Protective Account nor the Corporation nor an acquiring railroad shall be charged for any amounts of benefits paid to a protected employee under the provisions of the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s367">45 USC 367</ref>.</p><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>Railroad Unemployment Insurance Act or any other income protection law or regulation. There is authorized to be appropriated to the Regional Rail Transportation Protective Account annually such sums as may be required to meet the obligations payable hereunder, not to exceed the aggregate sum of $250,000,000. There is further authorized to be appropriated to the Railroad Retirement Board annually such sums as may be necessary to provide for additional administrative expenses to be incurred by the Board in the performance of its functions under this section.”.</content> </section> </quotedContent> </content> </subsection> </section> <page identifier="/us/stat/90/117">90 STAT. 117</page> <section> <heading class="centered smallCaps">duties of acquiring and selling railroads</heading> <num value="617"><inline class="smallCaps">Sec</inline>. 617. </num> <content>Section 508 of such Act (45 U.S.C. 778) is amended to read as follows: <quotedContent> <section> <heading class="centered smallCaps">“duties of acquiring and selling railroads</heading> <num value="508"><inline class="smallCaps">“Sec</inline>. 508. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Acquiring Railroads</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>An acquiring railroad shall offer such employment, subject to such rules and working conditions, and afford such employment protection to employees of a railroad from which it acquires properties or facilities (including operating rights) pursuant to this Act, and shall afford such protection to its own employees who are adversely affected by such acquisition, as shall be agreed upon between such acquiring railroad and the representatives of such employees prior to such acquisition, except that the protection and benefits (except as to rules and working conditions) provided for protected employees in such agreements shall be the same as those specified in section 505 of this title. Unless and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s775">45 USC 775</ref>.</p></sidenote>until such agreements are reached, the acquiring railroad shall not enter into purchase agreements pursuant to section 206(d) (4) of this Act. For purposes of this subsection, the National Railroad Passenger <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>Corporation shall be deemed to be an acquiring railroad, with respect to employees described in section 501(3) of this title.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s771">45 USC 771</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If the National Railroad Passenger Corporation acquires rail properties of a railroad in reorganization in the region, prior to the date of conveyance of rail properties to the Corporation pursuant to section 303(b) (1) of this Act but after the publication of the preliminary <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>system plan, it shall offer such employment and afford such employment protection to employees of a railroad from which it acquires rail properties and shall further protect its own employees who may be adversely affected by such acquisition, as shall be agreed upon between the National Railroad Passenger Corporation and the representatives of such employees prior to such acquisitions. The protection and benefits provided for employees in such agreements shall be the same, as those specified in section 505 of this title, and such protection and benefits shall supersede conflicting provisions in any previously applicable, job stabilization agreements or agreements implementing such stabilization agreements, and the National Railroad Passenger Corporation shall be reimbursed for expenses incurred as a result of any such acquisition, as provided in section 509 of this title.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 116.</p></sidenote></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Selling Railroads</inline>.—</heading><content>A selling railroad shall offer such employment and shall provide such employment protection to each of its employees who are adversely affected by such sale, pursuant, to agreements to be entered into between it and the representatives of such employees prior to said sale: <proviso><i>Provided</i>, That (1) the protection and benefits provided for protected employees in such agreements shall be the same as those specified in section 505 of this title, and (2) unless and until such agreements are reached, the selling railroad shall not enter into selling agreements pursuant to section 206(d) of this Act.”.</proviso></content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">exemptions</heading> <num value="618"><inline class="smallCaps">Sec</inline>. 618. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 601 (a) (2) of such Act (45 U.S.C. 791 (a) (2)) is amended by adding immediately before the period at the end thereof the following: “<quotedText>and with respect to any action taken to formulate or implement any supplemental transaction</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 601(b) of such Act (45 U.S.C. 791(b)) is amended to read as follows: <page identifier="/us/stat/90/118">90 STAT. 118</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Commerce, Securities, and Bankruptcy</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The provisions of the Interstate Commerce Act (49 U.S.C. 1 et seq.) and the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t11/s1">11 USC 1 note</ref>.</p></sidenote>Bankruptcy Act (11 U.S.C. 205 et seq.) are inapplicable (A) to actions taken under this Act to formulate and implement the final system plan where such action was in compliance with the requirements of such plan, and (B) to actions taken under this Act to formulate or implement any supplemental transaction.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>All securities of the Corporation which are issued to the Association as the initial holder, or which are issued in connection with the transfer to the Corporation or a subsidiary’ thereof of rail properties under this Act, shall be deemed for all purposes to have been issued subject to and authorized pursuant to section 20a of the Interstate Commerce Act (49 U.S.C. 20a).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The provisions of section 5 of the Securities Act of 1933 (15 U.S.C. 77e), shall not apply to transactions involving the issuance of any security of the Corporation to the Association, transactions involving the issuance of any security of the Corporation that is deposited <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>with the special court pursuant to section 303(a) of this Act, or transactions involving the issuance or distribution of any security of the Corporation, where the terms and conditions of such issuance or distribution are approved by the special court pursuant to section 303(c) of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The powers and duties of the Commission under section 77 of the Bankruptcy Act (11 U.S.C. 205), with respect to a railroad in reorganization in the region which conveys all or substantially all of its designated rail properties to the Corporation or a subsidiary thereof, or to profitable railroads in the region, pursuant to the final system plan, and the requirement that plans of reorganization be filed with the Commission, shall cease upon the date of such conveyance. The powers and duties of the Commission under section 77 of the Bankruptcy Act shall also so terminate, as of the date of enactment of this paragraph, with respect to any railroad in reorganization under such section 77 but not subject to this Act which (1) does not operate any line of railroad, and (2) has transferred all or substantially all of its rail properties to a railroad in reorganization in the region which was subject to this Act prior to the date of enactment of this paragraph. Thereafter, such [lowers and duties of the Commission shall be vested in the district court of the United States which has jurisdiction of the estate of any such railroad in reorganization at the time of such conveyance. Such court shall proceed to reorganize or liquidate such railroad in reorganization pursuant to such section 77 on such terms as the court deems just and reasonable, or pursuant to any other provisions of the Bankruptcy Act, if the court finds that such action would be in the best interests of such estate. This paragraph does not affect any obligation of any carrier by railroad subject to regulation under the Interstate Commerce Act. The powers and duties of the Commission under section 77 of the Bankruptcy Act shall continue in effect only to the extent that the railroad in reorganization continues to operate any line of railroad.”.</content> </paragraph> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 601(c) of such Act (45 U.S.C. 791(c)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Environment</inline>.—</heading><content>The provisions of section 102(2) (C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2) (C)) shall not apply with respect to any action taken under authority of this Act before, and including, the conveyance of rail properties ordered by the special court under section 303(b) (1) of this Act, and shall not apply thereafter to any action taken in compliance with the requirements of the final system plan.”.</content> </subsection> </quotedContent> </content></subsection> </section> <page identifier="/us/stat/90/119">90 STAT. 119</page> <section> <heading class="centered smallCaps">application’ of the national environmental policy act</heading> <num value="619"><inline class="smallCaps">Sec</inline>. 619. </num> <content>Nothing in this title shall affect the application of the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s791">45 USC 791 note</ref>.</p></sidenote>National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to actions of the Commission.</content> </section> <num class="centered" value="VII">TITLE VII—</num><heading class="inline">NORTHEAST CORRIDOR PROJECT IMPLEMENTATION</heading> <section> <heading class="centered smallCaps">national railroad passenger corporation</heading> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><chapeau>To carry out the purposes of this title, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s851">45 USC 851</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s501">45 USC 501 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s701">45 USC 701 note</ref>.</p></sidenote>the Rail Passenger Service Act, and the Regional Rail Reorganization Act of 1973, the National Railroad Passenger Corporation is authorized to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>acquire by purchase, lease, exchange, gift, or otherwise, and to hold, maintain, sell, lease or otherwise dispose of, any real or personal property or interest therein which is necessary or useful in establishing and maintaining improved high-speed rail services, as specified in section 703 of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>enter into and implement such contracts and agreements as are necessary or appropriate in the conduct of its functions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>provide, for the continuous operation and maintenance of rail freight, intercity rail passenger, and commuter rail passenger service over the properties acquired pursuant to this section: <proviso><i>Provided</i>, That any provision of rail freight or rail commuter service shall be effectuated by a compensatory contract with the responsible carrier;</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>improve railroad rights-of-way between Boston, Massachusetts, and Washington. District of Columbia (including at its option, the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to enable improved highspeed rail passenger service to be provided between Boston, Massachusetts, and Washington, District of Columbia, and intermediate intercity markets, in accordance with the goals set forth in section 703 of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>acquire, construct, improve, and install passenger stations; communications, electric power, and other facilities and equipment; public and private highway and pedestrian crossings; other safety facilities or equipment; and any other facilities or equipment which it determines are necessary to enable improved high-speed rail passenger service to be provided over the railroad rights-of-way to be improved under paragraph (4) of this subsection;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>enter into agreements with other railroads, other carriers, and commuter agencies, for the purpose of granting, acquiring, or entering into trackage rights, contract services, and other appropriate arrangements for freight and commuter services over the rights-of-way acquired under this title, with such agreement to be on such terms and conditions as are necessary to reimbursement for costs on an equitable and fair basis, except that cross subsidization among intercity, commuter, or rail freight services is prohibited;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>appoint a qualified individual to serve as the General Manager of the Northeast Corridor improvement project; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>enter into agreements with telecommunications common carriers on a basis which is consistent with, and subject to, the <page identifier="/us/stat/90/120">90 STAT. 120</page><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t47/s609">47 USC 609</ref>.</p></sidenote>Communications Act of 1934, for the purpose of continuing existing, and creating new and improved, rail passenger radio mobile telephone service in the high-speed rail passenger service area specified in section 703(1) of this title.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Transfer of Rail Properties</inline>.—</heading><content>The Corporation, on the date of conveyance pursuant to section 303(b) (1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743), shall, by purchase or lease, transfer to the National Railroad Passenger Corporation all rail properties designated pursuant to sections 206(c) (1) (C) and 601(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c) (1)(C) and 791(d)), and it shall, within 180 days after the date of enactment of this title, execute agreements providing for the National Railroad Passenger Corporation to assume (1) all operational responsibility for intercity rail passenger services with respect to such properties, and (2) control and maintenance of the properties transferred. Such parties may agree to retaining or transferring, in whole or in part, operational responsibility for rail freight or commuter rail services in the area specified.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading><content>As used in this title, the term “Northeast Corridor” means the States of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, and Maryland, and the District of Columbia.</content> </subsection> </section> <section> <heading class="centered smallCaps">operations review panel</heading> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s852">45 USC 852</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Establishment,</inline>—</heading><content>There is established an entity which shall be representative of the various users of Northeast Corridor rail transportation facilities, to be known as the Operations Review Panel (hereafter in this section referred to as the “Panel”). The Panel shall have the authority to take such actions as are necessary to resolve differences of opinion concerning operations (among or lietween the National Railroad Passenger Corporation, other railroads, and State, local, and regional agencies responsible for the provision of commuter rail, rapid rail, or rail freight services), with respect to all matters except those conferred on the Commission in section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a)).</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Membership</inline>.—</heading><chapeau>The Panel shall consist of 5 members, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>one member who shall lie selected by the chief executive officer of the National Railroad Passenger Corporation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>one member who shall be selected by majority vote of the commuter rail authorities which are subject to the jurisdiction of the Panel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>one member who shall be selected by the chief executive officer of the Corporation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>two neutral members who shall be selected by the Chairman of the National Mediation Board.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The members shall each serve a term of 4 years from the date of such selection, or until a successor has been selected. If, within 45 days after the date of enactment of this Act, the National Railroad Passenger Corporation, the commuter authorities, or the Corporation fails to select the member who it is authorized to select under this subsection, the Chairman of the National Mediation Board shall, within 30 days after the expiration of such 45-day period, appoint a member on behalf of such party. Any member so appointed shall serve until such time as the party so represented selects a successor.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Decisions and Review</inline>.—</heading><content>All decisions of the Panel shall be final and binding on the parties. All costs and expenses of the Panel shall be paid by (1) the National Railroad Passenger Corporation, (2) the <page identifier="/us/stat/90/121">90 STAT. 121</page>commuter rail authorities which are subject to such Panel, and (3) the Corporation, each of which shall pay one-third of such costs and expenses, unless otherwise determined by a majority of the members of such Panel. The Panel may adopt such rules of procedure and may employ such resources as it considers appropriate. It may issue preliminary and final orders, which shall have the force and effect of law, with respect to any difference of opinion concerning any operational matter which is the subject of such an order. No order of the Panel shall be subject to review by any court. Upon petition by any party subject to the Panel, the United States District Court for the District of Columbia shall enforce any final order issued by the Panel.</content> </subsection> </section> <section> <heading class="centered smallCaps">required goals</heading> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <chapeau>The Northeast Corridor improvement project shall be <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s853">45 USC 853</ref>.</p></sidenote>implemented by the Secretary in order to achieve the following goals:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Intercity Rail Passenger Services</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i) </num> <content>Within 5 years after the date of enactment of this Act, the establishment of regularly scheduled and dependable intercity rail passenger service between Boston, Massachusetts, and New York, New York, operating on a 3-hour-and-40-minute schedule, including appropriate intermediate stops; and regularly scheduled and dependable intercity rail passenger service between New York, New York, and Washington, District of Columbia, operating on a 2-hour-and-40-minute schedule, including appropriate intermediate stops.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>Improvements in facilities in accordance with route criteria approved by the Congress, on routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line, and from Springfield, Massachusetts, to Boston, Massachusetts, and New Haven, Connecticut, in order to facilitate compatibility with improved high-speed rail service operated on the Northeast Corridor main line.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The improvement of nonoperational portions of stations (as determined by the Secretary in consultation with the National Railroad Passenger Corporation) used in intercity rail passenger service and of related facilities and fencing. Fifty percent of the cost of such improvements shall be borne by States (or local or regional transportation authorities), except that the Secretary may, in his sole discretion, fund entirely any safety-related improvement.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>The improvements required by this section shall be accomplished in a manner which is compatible with the accomplishment in the future of additional improvements in service levels, and which will produce the maximum labor benefit in terms of hiring persons who are presently unemployed.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>The submission by the Secretary and the National Railroad Passenger Corporation to the Congress of annual reports on progress achieved and work in progress and planned (including the need for further improvements) with respect to the completion of this program, including an up-to-date accounting of intercity passenger ridership, revenues from such ridership, expenses, and on-time dependability of intercity passenger trains in the Northeast Corridor.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>Within 2 years after the date of enactment of this Act, the <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>submission by the Secretary to the Congress of a report on the financial and operating results of the intercity rail passenger service established under this section, on the rail freight service improved and maintained pursuant to this section, and on the <page identifier="/us/stat/90/122">90 STAT. 122</page>practicability, considering engineering and financial feasibility and market demand, of the establishment of regularly scheduled and dependable intercity rail passenger service between Boston, Massachusetts, and New York, New York, operating on a 3-hour schedule, including appropriate intermediate stops, and regularly scheduled and dependable intercity rail passenger service bet ween New York, New York, and Washington, District of Columbia, operating on a 2-hour schedule, including appropriate intermediate stops. Such report shall include a full and complete accounting of the need for improvements in intercity passenger transportation within the Northeast Corridor and a full accounting of he public costs and benefits of improving various modes of transportation to meet those needs. If such report shows (i) that further improvements are needed in intercity passenger transportation in the Northeast Corridor, and (ii) that improvements (in addition to those required by subparagraph (A)(i) of this paragraph) in the rail system in such area would return the most public benefits for the public costs involved, the Secretary shall make appropriate recommendations to the Congress. Within 6 years after the date of enactment of this Act, the Secretary shall submit an updated comprehensive report, on the matters referred to in this subparagraph. Thereafter, if it is practicable, the Secretary shall facilitate the establishment of intercity rail passenger service in the Corridor which achieves the service goals specified in this subparagraph.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Rail Commuter Services, Rail Rapid Transit, and Local Transportation</inline>.—</heading><content>To the extent compatible with the goals contained in paragraph (1) of this section, the facilitation of improvements in and usage of rail commuter services, rail rapid transit, and local public transportation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Rail Freight Service</inline>.—</heading><content>The maintenance and improvement of rail freight service to all users of rail freight service located on or adjacent to the Northeast Corridor and the maintenance and improvement of all through-freight services which remain in the Northeast Corridor, to the extent compatible with the goals contained in paragraphs (1) and (2) of tins section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Passenger Radio Telephone Service</inline>.—</heading><content>To the extent compatible with the goals contained in paragraph (1) of this section, the continuation of and improvement in passenger radio telephone service aboard trains operated in high-speed rail service between Washington, District of Columbia, and Boston, Massachusetts. The President and relevant Federal agencies, including the Federal Communications Commission, shall take such actions as are necessary to achieve this goal, subject to the provisions of the Communications Act of 1934 (47 U.S.C. 151 et seq.), including necessary licensing, construction, operation, and maintenance standards for the radio service, as determined by the Federal Communications Commission to be in the public interest, convenience, and necessity.</content> </paragraph> </section> <section> <heading class="centered smallCaps">funding</heading> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s854">45 USC 854</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading><chapeau>There is authorized to be appropriated to the Secretary—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$1,600,000,000 to remain available until expended in order to effectuate the goals of section 703(1) (A) (i) of this title and after such goals have been achieved, the goals of section 703(1) (A) (ii);</content> </paragraph> <page identifier="/us/stat/90/123">90 STAT. 123</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$150,000,000 to remain available until expended in order to effectuate the goal of section 703 (1) (B);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>for payment to the National Rail road Passenger Corporation—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>$10,000,000 to remain available until expended for nonrecurring costs related to the initial assumption of control and responsibility for maintaining rail operations on the Northeast Corridor;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>$85,182,956 to acquire the properties of the Northeast Corridor;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>$650,000 to remain available until expended, for the development and utilization of mobile radio frequencies for high-speed rail passenger radio telephone service; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>$20,000,000, to remain available until expended, for acquiring and improving properties designated in accordance with section 206(c) (1) (D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Limitation</inline>.—</heading><content>No funds appropriated under this section or pursuant to section 601 of the Rail Passenger Service Act may be used to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s601">45 USC 601</ref>.</p></sidenote>subsidize any operating losses of commuter rail or rail freight services.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Coordination</inline>.—</heading><content>The Secretary shall take all steps necessary to coordinate all transportation programs related to the Northeast Corridor to assure that all such programs are integrated and consistent with implementation of the Northeast Corridor improvement project under this title, including, if the Secretary finds any significant noncompliance with the implementation of the goals of section 703 of this title, the denial of funding to any noncomplying program until such noncompliance is corrected.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Emergency Maintenance Continuation</inline>.—</heading><content>After the conveyance of rail properties, pursuant to section 303(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)) and section 701(b) of this title, not to exceed $25,000,000 of the funds appropriated pursuant to Public Law 94–6 (89 Stat. 11) shall remain available to be utilized by the Secretary for the purpose of performing emergency maintenance on the rail properties designated in accordance with section 206 (c)(1)(C) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716 (c)(1)(C)).</content> </subsection> </section> <section> <heading class="centered smallCaps">conforming amendments</heading> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a)) is amended by adding at the end thereof the following three new sentences: “Notwithstanding any other provision of this Act, the Corporation may enter into agreements with any other railroads and with any State (or local or regional transportation agency) responsible for providing commuter rail or rail freight services over tracks, rights-of-way, and other facilities acquired by the Corporation pursuant to authority granted by the Regional Rail Reorganization Act of 1973 and the Railroad Revitalization and Regulatory Reform <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s701">45 USC 701 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote>Act of 1976. In the event of a failure to agree, the Commission shall order that rail services continue to be provided, and it shall, consistent with equitable and fair compensation principles, decide, within 180 days after the date of submission of a dispute to the Commission, the proper amount of compensation for the provision of such services. The Commission, in making such a determination, shall consider all relevant factors, and shall not permit cross subsidization among intercity, commuter, and rail freight services.”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 601(d)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 791(d) (1)) is amended to read as follows: <page identifier="/us/stat/90/124">90 STAT. 124</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Northeast Corridor</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Rail properties designated in <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>accordance with section 206(c) (1) (C) of this Act shall be purchased or leased by the National Railroad Passenger Corporation. The Corporation shall negotiate an appropriate sale or lease agreement with the National Railroad Passenger Corporation for the properties designated for transfer pursuant to section 206(c) (1) (C) of this Act (45 U.S.C. 716(c) (1) (C)), which shall take effect on the date of conveyance of such properties to the Corporation.”.</content> </paragraph> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 403(b) of the Rail Passenger Service Act (45 U.S.C. 563(d)) is amended (1) by inserting “<quotedText>(1)</quotedText>” immediately after “<quotedText>(b)</quotedText>”, and (2) by striking out the second sentence thereof and inserting in lieu thereof the following: <quotedContent class="inline"><paragraph class="inline"><chapeau class="inline">“The Corporation shall institute such service under an agreement if the State, regional, or local agency agrees to reimburse the Corporation for 50 percent of total operating losses and associated capital costs of such service if service can be provided with the resources available to the Corporation and if it is consistent with the following requirements:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>The State or agency must make an adequate assurance to the Corporation that it has sufficient resources to meet its share of the costs of such service for the period such service is to be provided under this section.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The State or agency has conducted a market analysis acceptable to the Corporation to insure that there is adequate demand to warrant such service.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">An agreement made pursuant to this section may by mutual agreement be renewed for one or more additional terms of not more than 2 years.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If more than one application is made for service and all applications are consistent with the requirements of this subsection, but all the services applied for cannot be provided with the available resources of the Corporation, the Board of Directors shall decide in its discretion which application or applications best serve the public interest and can be provided with the available resources of the Corporation, except that a proposal for State support of a service deleted from the basic system shall lie given preference.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Board of Directors shall establish the basis for determining the total costs and the total revenue of the service provided pursuant to this subsection.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 404(b) (4) of the Rail Passenger Service Act (45 U.S.C. 564(b)) is amended by striking out the first sentence thereof and inserting in lieu thereof the following: “<quotedText>For purposes of paragraph (3) of this subsection, the reasonable portion of such losses to be assumed by the State, regional, or local agency shall be equal to 50 percent of the total operating losses and associated capital costs of such service.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Section 306 of the Rail Passenger Service Act (45 U.S.C. 546) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <content>The provisions of section 361 of the Public Health Service Act (42 U.S.C. 264) shall not apply to railroad conveyances operated in intercity rail passenger service.”.</content> </subsection> </quotedContent> </content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Section 303(a) (5) of the Rail Passenger Service Act (45 U.S.C. 543(a)(5)) is amended by (1) striking out “<quotedText>for each meeting of the board he attends.</quotedText>” and inserting in lieu thereof “<quotedText>per diem when engaged in the actual performance of duties.</quotedText>”, and (2) inserting “<quotedText>, secretarial or professional staff support which is reasonably required</quotedText>” immediately after “<quotedText>necessary travel</quotedText>”.</content> </subsection> <page identifier="/us/stat/90/125">90 STAT. 125</page> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Section 305(d) (1) (B) of the Rail Passenger Service Act (45 U.S.C. 545(d) (1) (B) is amended by striking out “<quotedText>for the construction of tracks or other facilities necessary to provide</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>Section 402(d)(1) of the Rail Passenger Service Act (45 U.S.C. 562(d)(1)) is amended by striking out “<quotedText>the construction of tracks or other facilities necessary to provide</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <content>Section 403(c) of the Rail Passenger Service Act (45 U.S.C. 563(c)) is amended by adding the following sentence at the end thereof: “After January 1, 1977, all route additions shall be in accordance with the Criteria and Procedures for Making Route and Service Decisions approved by the Congress pursuant to section 404(c)(3), and this subsection shall no longer apply to route additions.”.</content> </subsection> </section> <section> <heading class="centered smallCaps">facilities with historical or architectural significance</heading> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num> <chapeau>Section 4 (i) of the Department of Transportation Act (49 U.S.C. 1653) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>redesignating paragraph (1) (C) thereof and all references thereto as paragraph (1) (D) thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inserting immediately after paragraph (1) (B) thereof the following new subparagraph: “<quotedText>(C) acquiring and utilizing space in suitable buildings of Historic or architectural significance, unless the use of such space would not prove feasible and prudent compared with available alternatives;</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>redesignating paragraph (4), (5), (6), (7), (8), (9), and (10) thereof as paragraphs (5), (6), (7), (8), (9), (10), and (11) thereof, respectively;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>inserting after paragraph (3) thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Acquisitions made for the purpose set forth in paragraph (1) (C) of this subsection shall be made only after consultation with the chairman of the National Endowment for the Arts and the Advisory Council on Historic Preservation.”; and</content> </paragraph> </quotedContent> </content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>amending paragraph (9) thereof, as redesignated by this section, to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>There is authorized to be appropriated for the purpose set <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>forth—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>in paragraphs (1) (A) and (1) (C) of this subsection, not to exceed $15,000,000;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>in paragraph (1)(B) of this subsection, not to exceed $5,000,000; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>in paragraph (1) (D) of this subsection, not to exceed $5,000,000.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>There shall be available to the National Endowment for the Arts, from the sums available under subparagraphs (A) (ii) and (A) (iii) of this paragraph, not to exceed $2,500,000 for planning pursuant to paragraph (1)(D) of this subsection, and not to exceed $2,500,000 for interim maintenance pursuant to paragraph (1) (B) of this subsection.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Sums appropriated for the purposes of this subsection are authorized to remain available until expended.”.</content> </subparagraph> </paragraph> </quotedContent> </content></paragraph> </section> <num class="centered" value="VIII">TITLE VIII—</num><heading class="inline">LOCAL RAIL SERVICE CONTINUATION</heading> <section> <heading class="centered smallCaps">extension of service</heading> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 1(18) of the Interstate Commerce Act (49 U.S.C. 1(18)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="18">“(18)</num> <level class="inline"><num value="a">(a) </num><chapeau>Nocarrier by railroad subject to this part shall—</chapeau> <page identifier="/us/stat/90/126">90 STAT. 126</page> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num><content>undertake the extension of any of its lines of railroad or the construction of any additional line of railroad;</content></level> <level class="firstIndent1 fontsize10"> <num value="ii">“(i) </num><content>acquire or operate any such extension or any such additional line; or</content></level> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num><content>engage in transportation over, or by means of, any such extended or additional line of railroad,</content></level> <continuation class="indent0 firstIndent0 fontsize10">unless such extension or additional line of railroad is described in and covered by a certificate which is issued by the Commission and which declares that the present or future public convenience and necessity require or will be enhanced by the construction and operation of such extended or additional line of railroad. Upon receipt of an application for such a certificate, the Commission shall (A) send a copy of the application to the chief executive officer of each State that would be directly affected by the construction or operation of such extended or <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in newspaper.</p></sidenote>additional line, (B) send an accurate and understandable summary of such application to a newspaper of general circulation in such affected area or areas with a request that such information be made <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote>available to the general public, (C) cause a copy of such summary to be published in the Federal Register, (D) take such other steps as it deems reasonable and effective to publicize such application, and (E) indicate in such transmissions and publications that each interested person is entitled to recommend to the Commission that it approve, disapprove, or take any other specified action with respect to such application.</continuation> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote> <chapeau>The Commission shall establish, and may from time to time amend, rules and regulations (as to hearings and other matters) to govern applications for, and the issuance of, any certificate required by subdivision (a). An application for such a certificate shall be submitted to the Commission in such form and manner and with such documentation as the Commission shall prescribe. The Commission may—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num><content>issue such a certificate in the form requested by the applicant;</content></level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num><content>issue such a certificate with modifications in such form and subject to such terms and conditions as are necessary in the public interest; or</content></level> <level class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num><content>refuse to issue such a certificate.</content></level> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>Upon petition or upon its own initiative, the Commission may authorize any carrier by railroad subject to this part to extend any of its lines of railroad or to take any other action necessary for the provision of adequate, efficient, and safe facilities for the performance of such carrier’s obligations under this part. No authorization shall be made unless the Commission finds that the expense thereof will not impair the ability of such carrier to perform its obligations to the public.</content> </level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>Carriers by railroad subject to this part may, notwithstanding this paragraph and section 5 of this part, and without the approval of the Commission, enter into contracts, agreements, or other arrangements for the point ownership or joint use of spur, industrial, team, switching, or side tracks. The authority granted to the Commission under this paragraph shall not extend to the construction, acquisition, or operation of spur, industrial, team, switching, or side tracks if such tracks are located or intended to be located entirely within one State, and shall not apply to any street, suburban, or interurban electric railway which is not operated as part of a general system of rail transportation.</content> </level> <level class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>Any construction or operation which is contrary to any provision of this paragraph, of any regulations promulgated under this <page identifier="/us/stat/90/127">90 STAT. 127</page>paragraph, or of any terms and conditions of an applicable certificate, may be enjoined by an appropriate district court of the United States in a civil action commenced and maintained by the United States, the Commission, or the attorney general or the transportation regulatory body of an affected State or area. Such a court may impose a civil <sidenote><p class="indent0 firstIndent0 fontsize8">Penalty.</p></sidenote>penalty of not to exceed $5,000 on each person who knowingly authorizes, consents to, or permits any violation of this paragraph or of the conditions of a certificate issued under this paragraph.”.</content> </level> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Paragraphs (19), (20), (21), and (22) of section 1 of the Interstate <sidenote><p class="indent0 firstIndent0 fontsize8">Repeal.</p></sidenote>Commerce Act (49 U.S.C. 1(19) through 1(22)) are repealed.</content> </subsection> </section> <section> <heading class="centered smallCaps">discontinuance or abandonment</heading> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <content>The Interstate Commerce Act is amended by inserting after section 1 thereof the following new section: <quotedContent> <heading class="centered smallCaps">“discontinuance and abandonment of rail service</heading> <section><num value="1a"><inline class="smallCaps">“Sec</inline>. 1a. </num> <paragraph class="inline"> <num value="1">(1) </num> <content>No carrier by railroad subject to this part shall abandon <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1a">49 USC 1a</ref>.</p></sidenote>all or any portion of any of its lines of railroad (hereafter in this section referred to as ‘abandonment’) and no such carrier shall discontinue the operation of all rail service over all or any portion of any such line (hereafter referred to as ‘discontinuance’), unless such abandonment or discontinuance is described in and covered by a certificate which is issued by the Commission and which declares that the present or future public convenience and necessity require or permit such abandonment or discontinuance. An application for such a certificate shall lie submitted to the Commission, together with a notice of intent to abandon or discontinue, not less than 60 days prior to the proposed effective date of such abandonment or discontinuance, and shall lie in accordance with such rules and regulations as to form, manner, content, and documentation as the Commission may from time to time prescribe. Abandonments and discontinuances shall be governed by the provisions of this section or by the provisions of any other applicable Federal statute, notwithstanding any inconsistent or contrary provision in any State law or constitution, or any decision, order, or procedure of any State administrative or judicial body.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2)</num> <level class="inline"><num value="a">(a) </num> <content>Whenever a carrier submits to the Commission a notice of <sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote>intent to abandon or discontinue, pursuant to paragraph (1), such carrier shall attach thereto an affidavit certifying that a copy of such notice (i) has been sent by certified mail to the chief executive officer of each State that would lie directly affected by such abandonment or discontinuance, (ii) has been posted in each terminal and station on any line of railroad proposed to be so abandoned or discontinued, (iii) has been published for 3 consecutive weeks in a newspaper <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in newspapers.</p></sidenote>of general circulation in each county in which all or any part of such line of railroad is located, and (iv) has been mailed, to the extent practicable, to all shippers who have made significant use (as determined by the Commission in its discretion) of such line of railroad during the 12 months preceding such submission.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The notice required under subdivision (a) shall include (i) an accurate and understandable summary of the carrier’s application for a certificate of abandonment or discontinuance, together with the reasons therefor, and (ii) a statement indicating that each interested person is entitled to recommend to the Commission that it approve, disapprove, or take any other specified action with respect to such application.</content> </level> </paragraph> <page identifier="/us/stat/90/128">90 STAT. 128</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>During the 60-day period between the submission of a completed application for a certificate of abandonment or discontinuance pursuant to paragraph (1) and the proposed effective date of an abandonment or discontinuance, the Commission shall, upon petition, or may, upon its own initiative, cause an investigation to be conducted to assist it in determining what disposition to make of such application. An order to the Commission to implement the preceding sentence must be issued and served upon any affected carrier not less than 5 days prior to the end of such 60-day period. I f no such investigation is ordered, the Commission shall issue such a certificate, in accordance with this section, at the end of such 60-day period. If such an investigation is ordered, the Commission shall order a postponement, in whole or in part, in the proposed effective date of the abandonment or discontinuance. Such postponement shall be for such reasonable <sidenote><p class="indent0 firstIndent0 fontsize8">Hearings.</p></sidenote>period of time as is necessary to complete such investigation. Such an investigation may include, but need not be limited to, public hearings at any location reasonably adjacent to the line of railroad involved in the abandonment or discontinuance application, pursuant to rules and regulations of the Commission. Such a hearing may be held upon the request of any interested party or upon the Commission’s own initiative. The burden of proof as to public convenience and necessity shall be upon the applicant for a certificate of abandonment or discontinuance.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>The Commission shall, upon an order with respect to each application for a certificate of abandonment or discontinuance—</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>issue such certificate in the form requested by the applicant if it finds that such abandonment or discontinuance is consistent with the public convenience and necessity. In determining whether the proposed abandonment is consistent with the public convenience and necessity, the Commission shall consider whether there will be a serious adverse impact on rural and community development by such abandonment or discontinuance;</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>issue such certificate with modifications in such form and subject to such terms and conditions as are required, in the judgment of the Commission, by the public convenience and necessity; or</content> </level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>refuse to issue such certificate.</content> </level> <continuation class="indent0 firstIndent0 fontsize10">Each such certificate which is issued by the Commission shall contain provisions for the protection of the interests of employees. Such provisions shall be at least as beneficial to such interests as provisions <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s5">49 USC 5</ref>.</p></sidenote>established pursuant to section 5(2) (f) of this Act and pursuant to section 405 of the Bail Passenger Service Act (45 U.S.C. 565). If such a certificate is issued, actual abandonment or discontinuance may take effect, in accordance with such certificate, 120 days after the date of issuance thereof.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5)</num><sidenote><p class="indent0 firstIndent0 fontsize8">Transportation system diagram.</p></sidenote> <level class="inline"><num value="a">(a) </num> <content>Each carrier by railroad subject to this part shall, within 180 days after the date of promulgation of regulations by the Commission pursuant to this section, prepare, submit to the Commission, and publish, a full and complete diagram of the transportation system operated, directly or indirectly, by such carrier. Each such diagram which shall include a detailed description of each line of railroad which is ‘potentially subject to abandonment’, as such term is defined by the Commission. Such term shall be defined by the Commission by rules and such rules may include standards which vary by region of the Nation and by railroad or group of railroads. Each such diagram shall also identify any line of railroad as to which such carrier plans to submit an application for a certificate of abandonment or discontinuance in accordance with this section. Each such carrier shall sub-<page identifier="/us/stat/90/129">90 STAT. 129</page>mit to the Commission and publish, in accordance with regulations of the Commission, such amendments to such diagram as are necessary to maintain the accuracy of such diagram.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>The Commission shall not issue a certificate of abandonment or discontinuance with respect to a line of railroad if such abandonment or discontinuance is opposed by—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num><content>a shipper or any other person who has made significant use (as determined by the Commission in its discretion) of such line of railroad during the 12-month period preceding the submission of an applicable application under paragraph (1); or</content></level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num><content>a State, or any political subdivision of a State, if such line of railroad is located, in whole or in part, within such State or political subdivision;</content></level> <continuation class="indent0 firstIndent0 fontsize10">unless such line or railroad has been identified and described in a diagram or in an amended diagram which was submitted to the Commission under subdivision (a) at least 4 months prior to the date of submission of an application for such certificate.</continuation> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6)</num> <level class="inline"><num value="a">(a) </num> <chapeau>Whenever the Commission makes a finding, in accordance <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote>with this section, that the public convenience and necessity permit the abandonment or discontinuance of a line or railroad, it snail cause such finding to be published in the Federal Register. If, within 30 days of such publication, the Commission further finds that—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num><content>a financially responsible person (including a government entity) has offered financial assistance (in the form of a rail service continuation payment) to enable the rail service involved to be continued; and</content></level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num><chapeau>it is likely that such proffered assistance would—</chapeau> <level class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>cover the difference between the revenues which are attributable to such line of railroad and the avoidable cost of providing rail freight service on such line, together with a reasonable return on the value of such line; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>cover the acquisition cost of all or any portion of such line of railroad;</content> </level> <continuation class="indent0 firstIndent0 fontsize10">the Commission shall postpone the issuance of a certificate of abandonment or discontinuance for such reasonable time, not to exceed 6 months, as is necessary to enable such person or entity to enter into a binding agreement, with the, carrier seeking such abandonment or discontinuance, to provide such assistance or to purchase such line and to provide for the continued operation of rail services over such line. Upon notification to the Commission of the execution of such an assistance or acquisition and operating agreement, the Commission shall postpone the issuance of such a certificate for such period of time as such an agreement (including any extensions or modifications) is in effect.</continuation> </level> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>A carrier by railroad subject to this part shall promptly make available, to any party considering offering financial assistance in accordance with subdivision (a), its most recent reports on the physical condition of any line of railroad with respect to which it seeks a certificate of abandonment or discontinuance, together with such traffic, revenue, and other data as is necessary to determine the amount of assistance that would be required to continue rail service.</content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>Whenever the Commission finds, under paragraph (6) (a) of this section, that an offer of financial assistance has been made, the Commission shall determine the extent to which the avoidable cost of providing rail service plus a reasonable return on the value of the rail properties involved exceed the revenues attributable to the line of railroad or the rail service involved.</content> </paragraph> <page identifier="/us/stat/90/130">90 STAT. 130</page> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>Petitions for abandonment or discontinuance which were filed and pending before the Commission as of the date of enactment of this section or prior to the promulgation by the Commission of regulations required under this section shall be governed by the provisions of section 1 of this Act which were in effect on such date of enactment, except that paragraphs (6) and (7) of this section shall be applicable to such petitions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>Any abandonment or discontinuance which is contrary to any provision of this section, of any retaliation promulgated under this section, or of any terms and conditions of an applicable certificate, may be enjoined by an appropriate district court of the United States in a civil action commenced and maintained by the United States, the Commission, or the attorney general or the transportation regulatory <sidenote><p class="indent0 firstIndent0 fontsize8">Penalty.</p></sidenote>body of an affected State or area. Such a court may impose a civil penalty of not to exceed $5,000 on each person who knowingly authorizes, consents to, or permits any violation of this section or of any regulation under this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <chapeau>As used in this section:</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Avoidable cost.”</p></sidenote> <content>The term ‘avoidable cost’ means all expenses which would be incurred by a carrier in providing a service which would not be incurred, in the case of discontinuance, if such service were discontinued or, in the case of abandonment, if the line over which such service was provided were abandoned. Such expenses shall include but are not limited to all cash inflows which are foregone and all cash outflows which are incurred by such carrier as a result of not discontinuing or not abandoning such service. Such foregone cash inflows and incurred outflows shall include (i) working capital and required capital expenditures, (ii) expenditures to eliminate deferred maintenance, (iii) the current cost of freight cars, locomotives and other equipment, and (iv) the foregone tax benefits from not retiring properties from rail service and other effects of applicable Federal and State income taxes.</content> </level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Reasonable return.”</p></sidenote> <content>The term ‘reasonable return’ shall, in the case of a railroad not in reorganization, be the cost of capital to such railroad (as determined by the Commission), and, in the case of a railroad in reorganization, shall lie the mean cost of capital of railroads not in reorganization, as determined by the Commission.”.</content> </level> </paragraph> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">local rail service assistance</heading> <num value="803"><inline class="smallCaps">Sec</inline>. 803. </num> <content>Section 5 of the Department of Transportation Act, as added by section 401 of this Act (49 U.S.C. 1654), is amended by adding at the end thereof the following 10 new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <chapeau>The Secretary shall, in accordance with this section, provide financial assistance to States for rail freight assistance programs that are designed to cover—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the cost of rail service continuation payments;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the cost of purchasing a line of railroad or other rail properties to maintain existing or provide for future rail service;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the cost of rehabilitating and improving rail properties on a line of railroad to the extent necessary to permit adequate and efficient rail freight service on such line; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the cost of reducing the costs of lost rail service in a manner less expensive than continuing rail service.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Federal share.</p></sidenote> <content>The Federal share of the costs of any rail service assistance program shall be as follows: (1) 100 percent for the period from July 1, 1976 to June 30, 1977; (2) 90 percent for the period from July 1, 1977 to June 30, 1978; (3) 80 percent for the period from <page identifier="/us/stat/90/131">90 STAT. 131</page>July 1, 1978 to June 30, 1979; and (4) 70 percent for the period from July 1, 1979 to June 30, 1981. For the period from July 1, 1979 to June 30, 1981, the Secretary may make such adjustments in the percentage level of the Federal share as may be necessary and appropriate so as not to exceed the maximum amount of funds authorized under subsection (o) of this section. The Secretary shall, within 1 year after <sidenote><p class="indent0 firstIndent0 fontsize8">Standards and procedures.</p></sidenote>the date of enactment of this subsection, promulgate standards and procedures under which the State share of such cost may be provided through in-kind benefits such as forgiveness of taxes, trackage rights, and facilities which would not otherwise be provided.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <content>Each State which is, pursuant to subsection (j) of this section, eligible to receive rail service assistance is entitled to an amount equal to the total amount authorized and appropriated for such purpose, multiplied by a fraction whose numerator is the rail mileage in such State which is eligible for rail service assistance under this section and whose denominator is the rail mileage in all of the States which are eligible for rail service assistance under this section. Notwithstanding the provisions of the preceding sentence, the entitlement of each State shall not be less than 1 percent of the funds appropriated. For purposes of this subsection, rail mileage shall lie measured by the Secretary, in consultation with the Interstate Commerce Commission. Any portion of the entitlement of any State which is withheld, in accordance with this section, and any such sums w’hich are not used or committed by a State shall be reallocated immediately, to the extent practicable, among the other States, in accordance with the formula set forth in the first sentence of this subsection.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <content>Rail service assistance to which a State is entitled under this section may be allocated by such State to meet the cost of establishing and implementing the State rail plan required by subsection (j) of this section or by section 402(c) (1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 762(c) (1)). Such grants shall be made available by the Secretary during the course of the State rail planning process, and shall be distributed by the Secretary as needed by the States. The amount of State rail planning grants to which each State (including each State referred to m subsection (n) (1) of this section) is entitled shall be proportionate to the amount of rail service assistance to which such St ate is entitled under this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="j">“(j) </num> <chapeau>A State is eligible to receive rail service assistance from the <sidenote><p class="indent0 firstIndent0 fontsize8">Eligibility.</p></sidenote>Secretary if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>such State has established an adequate plan for rail services in such State as part of an overall planning process for all transportation services in such State, including a suitable process for updating, revising, and amending such plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>such State plan is administered or coordinated by a designated State agency and provides for the equitable distribution of resources:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>such State agency (A) has authority and administrative jurisdiction to develop, promote, supervise, and support safe, adequate, and efficient rail transportation services, (B) employs or will employ, directly or indirectly, sufficient trained and qualified personnel. (C) maintains or will maintain adequate programs of investigation, research, promotion, and development, with provisions for public participation, and (D) is designated and directed solely, or in cooperation with other State agencies to take all practicable steps to improve transportation safety and to reduce transportation-related energy utilization and pollution;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such State provides satisfactory assurance that it, has or will adopt and maintain adequate procedures for financial control, <page identifier="/us/stat/90/132">90 STAT. 132</page>accounting, and performance evaluation in order to assure proper use of Federal funds; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>such State complies with regulations of the Secretary issued under this section and the Secretary determines that such State meets or exceeds the requirements of paragraphs (1) through (4) of this subsection.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="k">“(k) </num> <chapeau>A project is eligible in any year for financial assistance from the applicable rail service assistance program only if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <subparagraph class="inline"><num value="A">(A) </num><content>the Commission has found that the public convenience and necessity permit the abandonment of, or the discontinuance of rail service on, the line of railroad which is related to such project, or (B) the line of railroad or related project was eligible for assistance under title IV of the Regional Rail Reorganization <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s761">45 USC 761</ref>.</p></sidenote>Act of 1973; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>such line, or related projects, has not previously been the subject of Federal rail service assistance under this section for more than 5 fiscal years.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="l">“(l) </num> <content>The Secretary shall pay to each eligible State an amount equal to its entitlement under subsection (h) of this section, to be expended or committed to one or more projects which are eligible, pursuant to subsection (k) of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="m">“(m)</num><sidenote><p class="indent0 firstIndent0 fontsize8">Recordkeeping.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Each recipient of financial assistance under subsections (e) through (o) of this section, whether in the form of grants, subgrants, contracts, subcontracts, or other arrangements, shall keep such records as the Secretary shall prescribe including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project which was supplied by other sources, and such other records as will facilitate an effective audit. Such records shall be maintained for 3 years after the completion of such a project or undertaking.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Audit.</p></sidenote> <content>The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of receipts which, in the oninion of the Secretary or of the Comptroller General may be related or pertinent to the grants, contracts, or other arrangements referred to in paragraph (1) of this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The Secretary and the Comptroller General shall regularly conduct, or cause to be conducted—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a financial audit, in accordance with generally accepted auditing standards; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>a performance audit of the activities and transactions assisted under this section, in accordance with generally accepted management principles.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote>Such audits may be conducted by independent certified or licensed public accountants and management consultants approved by the Secretary and the Comptroller General, and they shall lie conducted in accordance with such rules and regulations as may be prescribed by the Comptroller General.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="n">“(n) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“State.”</p></sidenote> <chapeau>As used in this section, the term ‘State’ means—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>during the period from the date of enactment of this subsection through the second anniversary of the date on which rail properties are conveyed pursuant to section 303(b)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b) (1)), any State in which a carrier by railroad subject to part I <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1</ref>.</p></sidenote>of the Interstate Commerce Act maintains any line of railroad, <page identifier="/us/stat/90/133">90 STAT. 133</page>except that the term shall not include the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, Ohio, Indiana, Michigan, and Illinois, and the District of Columbia; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>during the period following the second anniversary of the date on which rail properties are conveyed pursuant to such section 303(b) (1), any State in which a carrier by railroad subject <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>to part I of the Interstate Commerce Act maintains any line of railroad.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="o">“(o) </num> <content>There are authorized to be appropriated to the Secretary for <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>the purposes of subsections (f) through (o) of this section not to exceed $360,000,000, without fiscal year limitation. Of the foregoing sums, not to exceed $5,000,000 shall be made available for planning grants during each of the 3 fiscal years ending June 30, 1976; September 30, 1977; and September 30, 1978. In addition, any appropriated sums remaining after the repeal of section 402 of the Regional Rail Reorganization Act of 1973 are authorized to remain available <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s762">45 USC 762</ref>.</p></sidenote>to the Secretary for purposes of subsections (f) through (o) of this section. Such sums as are appropriated are authorized to remain available until expended.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">termination and continuation of rail services</heading> <num value="804"><inline class="smallCaps">Sec</inline>. 804. </num> <content>Section 304 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744) is amended to read as follows: <quotedContent> <section> <heading class="centered smallCaps">“termination and continuation of rail services</heading> <num value="304"><inline class="smallCaps">“Sec</inline>. 304. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Discontinuance</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Except as provided in subsections (c) and (f) of this section, rail service on rail properties of a railroad in reorganization in the region, or of a person leased, operated, or controlled by such a railroad, which transfers to the Corporation or to profitable railroads operating in the region all or substantially all of its rail properties designated for such conveyance in the final system plan, and rail service on rail properties of a profitable railroad operating in the region which transfers substantially all of its rail properties to the Corporation or to other railroads pursuant to the final system plan, may be discontinued, to the extent such discontinuance is not precluded by the terms of the leases and agreements referred to in section 303(b)(2) of this title, if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the final system plan does not designate rail service to lie operated over such rail properties;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>not sooner than 30 days following the effective date of the final system plan, the trustee or trustees of the applicable railroad in reorganization or a profitable railroad give notice in writing of intent to discontinue such service on a date certain which is not less than 60 days after the date of such notice or on the date of any conveyance ordered by the special court pursuant to section 303(b) (1) of this title, whichever is later; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the notice required by subparagraph (B) of this paragraph is sent by certified mail to the Commission; to the chief executive officer, the transportation agencies, and the government of each political subdivision of each State in which such rail properties are located; and to each shipper who has used such rail service during the previous 12 months.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>If rail properties are not, in accordance with the designations in the final system plan, required to be operated, as a consequence of a recommended arrangement for joint use or operation of <page identifier="/us/stat/90/134">90 STAT. 134</page><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>rail properties (under section 206(g) of this Act) or as part of a coordination project (under sections 206 (c) and (g) of this Act), rail service on such properties may be discontinued, subsequent to the date of conveyance of rail properties pursuant to such section 303(b)(1), <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>if the Commission determines that such rail service on such rail properties is not compensatory and if—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the petitioner and any other railroad involved in such arrangement or coordination project have, prior to filing an application for such discontinuance, entered into a binding agreement (effective on or before the effective date of such discontinuance) to carry out such arrangement or project;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>such application is filed with the Commission not later than 1 year after the effective date of the final system plan; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>such discontinuance is not precluded by the terms of the leases and agreements referred to in such section 303(b) (2).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>For purposes of this paragraph, rail service on rail properties is compensatory if the revenue attributable to such properties from such service equals or exceeds the sum of the avoidable costs of providing such service on such properties plus a reasonable return on the value of such rail properties, as determined in accordance with the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s715">45 USC 715</ref>.</p></sidenote>standards developed pursuant to section 205(d) (6) of this Act.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The Commission shall make its final determination, with respect to any discontinuance requested under this paragraph, not later than 120 days after the date of filing of an application therefor. The applicant shall have the burden of proving that the service involved is not compensatory. If the Commission fails to make a final determination within such time, the application shall lie deemed to be granted.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote> <content>The Commission may issue such rules, regulations, and procedures as it deems necessary for the conduct of its functions under this paragraph.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Abandonment</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Except as provided in subsections (c) and (f) of this section, rail properties over which rail service has been discontinued under subsection (a) of this section may not be abandoned sooner than 120 days after the effective date of the <sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote>discontinuance. Thereafter, except as provided in subsection (c) of this section, such rail properties may be abandoned upon 30 days’ notice in writing to any person (including a government entity) required to receive notice under subsection (a)(1)(C) of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In any case in which rail properties proposed to be abandoned under this section are designated by the final system plan as rail properties which are suitable for use for other public purposes (including roads or highways, other forms of mass transportation, conservation, and recreation), such rail properties shall not be sold, leased, exchanged, or otherwise disposed of during the 240-day period beginning on the date of notice of proposed abandonment under this section unless such rail properties have first been offered, upon reasonable terms, for acquisition for public purposes.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Rail service may be discontinued, under subsection (a) of this section, and rail properties may be abandoned, under this section, notwithstanding any provision of the Interstate Commerce Act, the constitution or law of any State, or the decision of any court or administrative agency of the United States or of any State.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Continuation of Rail Services</inline>.—</heading><chapeau>No rail service may be discontinued and no rail properties may be abandoned, pursuant to this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>in the case of service and properties referred to in subsections (a) (1) and (b)(1) of this section, after 2 years from the <page identifier="/us/stat/90/135">90 STAT. 135</page>effective date of the final system plan or more than 2 years after the date on which the final rail service continuation payment is received, whichever is later; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>if a financially responsible person (including a government entity) offers—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to provide a rail service continuation payment which is designed to cover the difference between the revenue attributable to such rail properties and the avoidable costs of providing rail service on such properties, together with a reasonable return on the value of such properties;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to provide a rail service continuation payment which is payable pursuant to a lease or agreement with a State or with a local or regional transportation authority under which financial support was being provided on January 2, 1974 for the continuation of rail passenger service; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to purchase, pursuant to subsection (f) of this section, such rail properties in order to operate rail services thereon.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">If a rail service continuation payment is offered, pursuant to paragraph (2) (A) of this subsection, for both freight and passenger service on the same rail properties, the owner of such properties may not be entitled to more than one payment of a reasonable return on the value of such properties.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Rail Freight Service</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>If a rail service continuation payment is offered, pursuant to subsection (c) (2) (A) of this section, for rail freight service, the person offering such payment shall designate the operator of such service and enter into an operating agreement with such operator. The person offering such payment shall designate as the operator of such service—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the Corporation, if rail properties of the Corporation connect with the line of railroad involved, unless the Commission determines that such rail service continuation could be performed more efficiently and economically by another railroad;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>any other railroad whose rail properties connect with such line, if the Corporation’s rail properties do not so connect or if the Commission makes a determination in accordance with subparagraph (A) of this paragraph; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>any responsible person (including a government entity) which is willing to operate rail service over such rail properties.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">A designated railroad may refuse to enter into such an operating agreement only if the Commission determines, on petition by any affected party, that the agreement would substantially impair such railroad’s ability to serve adequately its own patrons or to meet its outstanding common carrier obligations. The designated operator shall, pursuant to each such operating agreement (i) be obligated to operate rail freight service on such rail properties, and (ii) be entitled to receive, from the person offering such payment, the difference between the revenue attributable to such properties and the avoidable costs of providing service on such rail properties, together with a reasonable management fee, as determined by the Office.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The trustees of a railroad in reorganization shall permit rail service to be continued on any rail properties with respect to which a rail service continuation payment operating agreement has been entered into under this subsection. Such trustees shall receive a reasonable return on the value of such properties, as determined in accordance with the standards developed pursuant to section 205(d) (6) of this Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s715">45 USC 715</ref>.</p></sidenote></content> </paragraph> <page identifier="/us/stat/90/136">90 STAT. 136</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>If necessary to prevent any disruption or loss of rail service, at any time after the date of conveyance, pursuant to section 303(b) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>(1) of this title, the Commission—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>shall take such action as may be appropriate under its existing authority (including the enforcement of common carrier requirements applicable to railroads in reorganization in the region) to ensure compliance with obligations imposed under this subsection; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>shall have authority, in accordance with the provisions of section 1(16) (b) of the Interstate Commerce Act (49 U.S.C. 1 (16) (b)), to direct rail service to be provided by any designated railroad or by the trustees of a railroad in reorganization in the region, if a rail service continuation payment has been offered but an applicable operating or lease agreement is not in effect.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">For purposes of the preceding sentence, any compensation required as a result of such directed service shall be determined in accordance with the standards developed pursuant to section 205(d) (6) of this <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s715">45 USC 715</ref>.</p><p class="indent0 firstIndent0 fontsize8">Jurisdiction.</p></sidenote>Act. The district courts of the United States shall have jurisdiction, upon petition by the Commission or any interested person (including a government entity), to enforce any order of the Commission issued pursuant to the exercise of its authority under this subsection, or to enjoin any designated entity or the trustees of a railroad in reorganization in the region from refusing to comply with the provisions of this subsection.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Rail Passenger Service</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Corporation (or a profitable railroad) shall provide rail passenger service for a period of 180 days immediately following the date of conveyance (pursuant to section 303(b) (1) of this title), with respect to any rail properties over which a railroad in reorganization in the region, or a person leased, operated, or controlled by such a railroad, was providing rail passenger service immediately prior to such date of conveyance. Such service shall be provided on such properties regardless of whether or not such properties are designated in the final system plan as rail properties over which rail service is required to be operated, except with respect to properties over which such service is provided by the National Railroad Passenger Corporation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>If a State (or a local or regional transportation authority) W’as providing financial assistance to support the operation of rail passenger service, pursuant to a lease or agreement which was in effect immediately prior to the date of conveyance (pursuant to such section 303(b)(1)), the Corporation (or a profitable railroad) shall be bound by the service provisions of such lease or agreement for the duration of the 180-day mandatory operation period specified in paragraph (1) of this subsection. If a State or such an authority was providing financial assistance for the continuation of rail passenger service on rail properties immediately prior to such date of conveyance, it shall provide the same level of financial assistance during such 180day mandatory operation period. If no such financial assistance was being provided or if no such lease or agreement was in effect immediately prior to such date of conveyance, with respect to any such rail properties, the Corporation (or a profitable railroad) shall provide the same level of rail passenger service, for the duration of such 180-day mandatory operation period, that was provided prior to such date by the applicable railroad. If—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>such financial assistance is not provided;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>a State (or a local or regional transportation authority) has not, by the end of such 180-day mandatory operation period, <page identifier="/us/stat/90/137">90 STAT. 137</page>offered a rail service continuation payment pursuant to subsection (c) (2) (A) of this section;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>an applicable rail service continuation payment pursuant to such subsection (c) (2) (A) is not paid when it is due; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>a payment required under a lease or agreement, pursuant to section 303(b) (2) of this title or subsection (c) (2) (B) of this <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>section, is not paid when it is due,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Corporation (or, where applicable, the National Railroad Passenger Corporation, a profitable railroad, or the trustee or trustees of a railroad in reorganization in the region) may (i) discontinue such rail passenger service, and (ii) with respect to rail properties not designated for inclusion in the final system plan, abandon such properties pursuant to subsections (a) and (b) of this section.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Nothing in this subsection shall be construed to affect the obligation of the Corporation (or a profitable railroad), or of the trustees of the railroads in reorganization in the region, to provide rail passenger service pursuant to section 303(b)(2) of this title or subsection (c) (2) (B) of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>If a State (or a local or regional transportation authority)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>offers a rail service continuation payment, pursuant to subsection (c)(2)(A) of the section and under regulations issued by the Office pursuant to section 205(d)(5) of this Act, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s715">45 USC 715</ref>.</p></sidenote>for the operation of rail passenger service after the 180-day mandatory operation period, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>provides compensation, pursuant to paragraph (2) of this subsection, for operations conducted during the 180-day mandatory operation period,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Corporation (or a profitable railroad) shall continue to provide such service after the end of such period, except as otherwise provided in this subsection.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The Secretary shall reimburse the Corporation (or a profitable railroad) for any loss which is incurred by it during the 180-day mandatory operation period specified in paragragh (1) of this subsection which is not compensated for by a State (or a local or regional transportation authority). The amount, of such reimbursement shall be determined pursuant to section 17(a) (1) of the Urban Mass Transportation Act of 1964 and under regulations issued by the Office pursuant <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 143.</p></sidenote>to sect ion 205 (d)(5) of this Act.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The Secretary shall reimburse States, local public bodies, and agencies thereof for additional costs incurred by such States, bodies, and agencies for rail service continuation payments for rail passenger service pursuant to section 17(a) (2) of the Urban Mass Transportation Act of 1964 and under regulations issued by the Office pursuant to section 205 (d) (5) of this Act.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>If a dispute arises with respect to the application of any such regulations, the parties to such dispute may submit such dispute to arbitration by a third party. If the parties are unable to agree upon the selection of an arbitrator, the Chairman of the Commission shall serve in that capacity (except as to matters required to be decided by the Commission, pursuant to section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a))).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Notwithstanding any other provision of this subsection, the Corporation is not obligated to provide rail passenger service on rail properties if a State (or a local or regional transportation authority) contracts for such service to be provided on such properties by an operator other than the Corporation, except that the Corporation shall, where appropriate, provide such operator with access to such properties for such purpose.</content> </paragraph> </subsection> <page identifier="/us/stat/90/138">90 STAT. 138</page> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Purchase</inline>.—</heading><content>If an offer to purchase is made under subsection (c) (2) (C) of this section, such offer shall be accompanied by an offer of a rail service continuation payment. Such payment shall continue until the purchase transaction is completed, unless a railroad assumes operations over such rail properties of its own account pursuant to an order or authorization of the Commission. Whenever a railroad in reorganization in the region or a profitable railroad gives notice of intent to discontinue service pursuant to subsection (a) of this section, such railroad shall, upon the request of anyone apparently qualified to make an offer to purchase or to provide a rail service continuation payment, promptly make available its most recent reports on the physical condition of such property, together with such traffic and revenue data as would be required under subpart B of part 1121 of chapter X of title 49 of the Code of Federal Regulations and such other data as are necessary to ascertain the avoidable costs of providing service over such rail properties.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">Abandonment by Corporation</inline>.—</heading><content>After the rail system to be operated by the Corporation or a subsidiary thereof under the final system plan has been in operation for 2 years, the Commission may authorize the Corporation or a subsidiary thereof to abandon any rail properties as to which it determines that rail service over such properties is not required by the public convenience and necessity, if the Corporation or a subsidiary thereof can demonstrate that no State (or local or regional transportation authority) is willing to offer a rail service continuation payment pursuant to subsection (c) of this section. The Commission may, at any time after the effective date of the final system plan, authorize additional rail service in the region or authorize die abandonment of rail properties which are not being operated by the Corporation or any subsidiary or affiliate thereof or by any other person. Determinations by the Commission under this subsection shall be made pursuant to applicable provisions of the Interstate Commerce Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <heading><inline class="smallCaps">Interim Abandonment</inline>.—</heading><content>After the date of enactment of this section and prior to the date of conveyance (pursuant to section 303 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>(b) (1) of this title), no railroad in reorganization in the region may discontinue service or abandon any line of railroad other than in accordance with the provisions of this Act, unless (1) it is authorized to do so by the Association, and (2) no affected State (or local or regional transportation authority) reasonably opposes such action, notwithstanding any provision of any other Federal law, the constitution or law of any State, or the decision or order of, or the pendency of any proceeding before any Federal or State court, agency, or authority.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <heading><inline class="smallCaps">Disposition of Designated Rail Properties</inline>.—</heading><chapeau>No railroad in reorganization in the region and no person leased, operated or controlled by such a railroad shall sell, transfer, encumber, or otherwise dispose of rail property, or any right or interest therein, designated for transfer to the Corporation or conveyance to a profitable railroad in the final system plan, except pursuant to section 303 (b) of this title. The provisions of this subsection shall not apply to any such sale, transfer, encumbrance, or other disposition—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>as to which the Association generally or specifically consents in writing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>which, prior to enactment of the Railroad Revitalization <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote>and Regulatory Reform Act of 1976, had been specifically approved by a United States district court having jurisdiction over the reorganization of a railroad in reorganization under section 77 of the Bankruptcy Act (11 U.S.C. 205); or</content> </paragraph> <page identifier="/us/stat/90/139">90 STAT. 139</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>following certification to the special court, pursuant Jo section 209(c) of the Regional Rail Reorganization Act of 1973, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s719">45 USC 719</ref>.</p></sidenote>of any such rail properties not previously so certified.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="j">“(j) </num> <heading><inline class="smallCaps">Exemption</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>No local public body which provides mass transportation services and which is otherwise subject to the Interstate Commerce Act shall, with respect to the provision of such services, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1</ref>.</p></sidenote>be subject to the Interstate Commerce Act or to rules, regulations and orders promulgated under such Act, except that any such local public body shall continue to be subject to applicable Federal laws pertaining to (A) safety, (B) the representation of employees for purposes of collective bargaining, and (C) employment retirement, annuity, and unemployment systems or any other provision pertaining to dealings between employees and employers.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>For purposes of this subsection, the term—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>‘local public body’ has the meaning prescribed for such <sidenote><p class="indent0 firstIndent0 fontsize8">“Local public body.”</p></sidenote>term in section 12(c) (2) of the Urban Mass Transportation Act (49 U.S.C. 1608(c) (2)) and includes any person or entity which contracts with a local public body to provide transportation services: and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>‘mass transportation’ has the meaning prescribed for such <sidenote><p class="indent0 firstIndent0 fontsize8">“Mass transportation.”</p></sidenote>term in section 12(c) (5) of the Urban Mass Transportation Act (49 U.S.C. 1608(c)(5)).”.</content> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">continuation assistance</heading> <num value="805"><inline class="smallCaps">Sec</inline>. 805. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 402 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 762) is amended to read as follows: <quotedContent> <heading class="centered smallCaps">“rail service continuation assistance</heading> <num value="402"><inline class="smallCaps">“Sec</inline>. 402. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Secretary shall provide financial assistance in accordance with this section to assist in the provision of rail service continuation payments, the acquisition or modernization of rail properties, including the preservation of rights-of-way for future rail service, the construction or improvement of facilities necessary to accommodate the transportation of freight previously moved by rail service, and the cost of operating and maintaining rail service facilities such as yards, shops, docks, or other facilities useful in facilitating and maintaining main line or local rail service. The Federal share of the costs of any such assistance shall be as follows: (A) 100 percent for the 12-month period following the date that rail properties are conveyed pursuant to section 303(b)(1) of this Act; <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>and (B) 90 percent for the succeeding 12-month period.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall, within one year after the date of enactment <sidenote><p class="indent0 firstIndent0 fontsize8">Standards and procedures.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 31.</p></sidenote>of the Railroad Revitalization and Regulatory Reform Act of 1976, promulgate standards and procedures under which the State share of such cost may be provided through in-kind benefits such as forgiveness of taxes, trackage rights, and facilities which would not otherwise be provided.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary, in cooperation with the Secretary of Labor, the <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>Association, and the Commission, shall assist States and local or regional transportation authorities in negotiating initial operating or lease agreements and shall report to the Congress not later than 30 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976 on the progress of such negotiations. The Secretary may, with the concurrence of a State, enter directly into operating or lease agreements with railroads designated to provide service under section 304(d) of this Act, and with the trustees of rail-<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s744">45 USC 744</ref>.</p></sidenote><page identifier="/us/stat/90/140">90 STAT. 140</page>roads in reorganization in the region over whose rail properties such service will be provided, to assure the uninterrupted continuation of rail service after such date of conveyance. Such agreements may be entered into only during the period when the Federal share is 100 percent. Payments shall be made from the funds to which a State would otherwise be entitled under this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Entitlement</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Each State in the region which is, pursuant to subsection (c) of this section, eligible to receive rail service continuation assistance is entitled to an amount equal to the total amount authorized and appropriated for such purpose multiplied by a fraction whose numerator is the rail mileage in such State which is eligible for rail service continuation assistance under this section and whose denominator is the rail mileage in all of the States in the region which are eligible for rail service continuation assistance under this section. Notwithstanding the preceding sentence, the entitlement of each State shall not be less than 3 percent of the funds appropriated. Not more than 5 percent of a State’s entitlement may be used <sidenote><p class="indent0 firstIndent0 fontsize8">Rail mileage, measurement.</p></sidenote>for rail planning activities. For purposes of this subsection, rail mileage shall be measured by the Secretary in consultation with the Interstate Commerce Commission. Any portion of the entitlement of any State which is withheld, in accordance with this section, and any such sums which are not used or committed by a State shall be reallocated immediately, to the extent practicable, among the other States in accordance with the formula set forth in this subsection. In addition to amounts provided pursuant to such rail mileage formula, funds shall also be made available to each State for the cost of operating and maintaining rail service facilities such as yards, shops, and docks which are useful in facilitating and maintaining mainline or local rail services and which are contained in each State’s rail plan, except that (A) any such assistance shall extend for a period of only 12 months following the date rail properties are conveyed under <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>section 303(b) (1) of this Act, and (B) no railroad shall be required to operate such facilities. With respect to the limitation on assistance for rail service facilities under the preceding sentence, the Secretary shall, not later than 90 days prior to the end of such 12-month period, submit a report to the Congress in conjunction with a designated State agency, recommending future action with respect to such facilities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Financial assistance.</p></sidenote> <content>For a period of not more than 1 year following the date rail properties are conveyed pursuant to section 303(b)(1) of this Act, the Secretary is authorized to provide financial assistance, from the funds to which a State would otherwise be entitled under this section for the continuation of local rail services, to any person determined by the Secretary to be financially responsible who will enter into any operating and lease agreements with railroads designated to provide <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s744">45 USC 744</ref>.</p></sidenote>service under section 304(d) of this Act, regardless of the eligibility of the State, where the applicable rail properties are located, to receive assistance under subsection (c) of this section. In any case in which a State is eligible to receive rail service continuation assistance under subsection (c) of this section, States shall have priority to receive such payments over any other person eligible under this paragraph and no other person eligible under this paragraph shall receive such payments unless his application therefor has been approved by the State agency designated under subsection (c) to administer the State plan.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Eligibility</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>A State in the region is eligible to receive financial assistance pursuant to subsection (b) of this section if, in any fiscal year—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the State has established a State plan for rail transportation and local rail services (herein referred to as the ‘State rail <page identifier="/us/stat/90/141">90 STAT. 141</page>plan’) which is administered or coordinated by a designated State agency and such plan includes a suitable process for updating, revising, and amending such plan and provides for the equitable distribution of such financial assistance among State, local, and regional transportation authorities;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the State agency (i) has authority and administrative jurisdiction to develop, promote, supervise, and support safe, adequate, and efficient rail services, (ii) employs or will employ, directly or indirectly, sufficient trained and qualified personnel, and (iii) maintains or will maintain adequate programs of investigation, research, promotion, and development with provision for public participation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the State provides satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this title to the State; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the State complies with the regulations of the Secretary issued under this section.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The rail freight services which are eligible for rail service continuation assistance pursuant to this section are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>those rail services of railroads in reorganization in the region, or persons leased, operated, or controlled by any such railroad, which the final system plan does not designate to be continued;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>those rail services on rail properties referred to in section 304(a) (2) of this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>those rail services in the region which have been, at any time during the 5-year period prior to the date of enactment of this Act, or which, are subsequent to the date of enactment of this Act, owned, leased, or operated by a State agency or by a local or regional transportation authority, or with respect to which a State, a political subdivision thereof, or a local or regional transportation authority has invested (at any time during the 5-year period prior to the date of enactment of this Act), or invests (subsequent to the date of enactment of this Act), substantial sums for improvement or maintenance of rail service; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>those rail services in the region with respect to which the Commission authorizes the discontinuance of rail services or the abandonment of rail properties, effective on or after the date of enactment of this Act.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The rail freight properties which are eligible to be acquired or modernized with financial assistance pursuant to subsection (b) of this section are those rail properties which are used for services eligible for rail service continuation assistance, pursuant to paragraph (2) of this subsection, including those properties which are identified, in the applicable State rail plan as having potential for future use for rail freight service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The facilities which are eligible to be constructed or improved with financial assistance pursuant to subsection (b) of this section are those facilities in the region (including intermodal terminals and highways or bridges) which are needed in order to provide rail freight service which will no longer be available because of the discontinuance of rail freight service under section 304 of this Act or other lawful authority. No funds provided under this paragraph may be used to pay the State share of any highway projects under title 23, United States Code.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Rail properties are eligible to be acquired with financial assistance pursuant to subsection (b) of this section if (A) they are <page identifier="/us/stat/90/142">90 STAT. 142</page>to be used for intercity or commuter rail passenger service, and (B) they pertain to a line m the region (other than rail properties <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716">45 USC 716</ref>.</p></sidenote>designated in accordance with section 206(c)(1)(C) of this Act) which, if so acquired (i) would enable the National Railroad Passenger Corporation to serve, more efficiently, a route which it operated on November 1, 1975, (ii) would provide intercity rail passenger service designated by the Secretary under title II of the Rail Passenger Service <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s521">45 USC 521</ref>.</p></sidenote>Act, or (iii) would provide such service over a route designated for service pursuant to section 403(c) of the Rail Passenger Service Act (45 U.S.C. 563(c)).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Regulations</inline>.—</heading><content>Within 90 days after the date of enactment of this Act, the Secretary shall issue, and may from time to time amend, regulations with respect to the provision of financial assistance under this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Payment</inline>.—</heading><content>The Secretary shall pay to each eligible State in the region an amount equal to its entitlement under subsection (b) of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Records, Audit, and Examination</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Each recipient of financial assistance under this section, whether in the form of grants, subgrants, contracts, subcontracts, or other arrangements, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, t he total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. Such records shall be maintained for 3 years after the completion of such a project or undertaking.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such receipts which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the grants, contracts, or other arrangements referred to in such paragraph.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> <heading><inline class="smallCaps">Withholding</inline>.—</heading><content>If the Secretary, after reasonable notice and an opportunity for a hearing to any State agency, finds that a State is not eligible for financial assistance under subsections (c) and (d) of this section, payment to such State shall not be made until there is no longer any failure to comply.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading><content>There is authorized to be appropriated to the Secretary to carry out the purposes of this section an amount not to exceed $180,000,000 without fiscal year limitation. Such sums as are appropriated shall remain available until expended.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading><content>As used in this section, the term ‘rail service continuation assistance’ includes expenditures made by a State (or a local or regional transportation authority), at any time during a 1-year period preceding the date of enactment of this Act, or subsequent to the date of enactment of this Act, for acquisition, rehabilitation, or modernization of rail facilities on which rail freight services would have been curtailed or abandoned but for such expenditures.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 403(a) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 763), is amended by striking the colon and the proviso and inserting in lieu thereof a period.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 403(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 763(b)) is amended by striking the last sentence thereof and inserting in lieu thereof the following: “<quotedText>Notwithstanding any other provision of this title, a State may expend sums received by it under paragraphs (1) and (2) of section 402(b) of this title for <page identifier="/us/stat/90/143">90 STAT. 143</page>acquisition and modernization pursuant to this section, or for any project designated pursuant to a State rail plan.</quotedText>”.</content> </subsection> </section> <section> <heading class="centered smallCaps">repeal</heading> <num value="806"><inline class="smallCaps">Sec</inline>. 806. </num> <content>Effective on the date of the second anniversary of the date <sidenote><p class="indent0 firstIndent0 fontsize8">Effective date.</p></sidenote>on which rail properties are conveyed, pursuant to section 303(b) (1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743), title IV of such Act is repealed.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s761–763">45 USC 761–763</ref>.</p></sidenote></content> </section> <section> <heading class="centered smallCaps">rail passenger service</heading> <num value="807"><inline class="smallCaps">Sec</inline>. 807. </num> <content>Section 206(d)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(d)(5)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau>All properties—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>transferred by the Corporation pursuant to sections 206(c)(1)(C) and 601(d) of this Act;<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s716/791">45 USC 716, 791</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>transferred by the Corporation to any State (or local or regional transportation authority), pursuant to subsection (c) (1) (D) of this section, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>transferred by the Corporation to any State, local or regional transportation authority, or the National Railroad Passenger Corporation, within 900 days after the date of conveyance, pursuant to section 303(b) (1) of this Act, to meet <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s743">45 USC 743</ref>.</p></sidenote>the needs of commuter or intercity rail passenger service,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">shall be transferred at a value related to the value received from the Corporation pursuant to the final system plan for the transfer to such Corporation of such properties. The value of any such properties, which are transferred pursuant to subparagraph (B) or (C) of this paragraph, shall be adjusted to reflect the value attributable to any applicable maintenance and improvement provided by the Corporation (to the extent the Corporation has not been released from the obligation to pay for such improvements) and the cost to the Corporation of transfer ring such properties.”.</continuation> </paragraph> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">emergency operating assistance</heading> <num value="808"><inline class="smallCaps">Sec</inline>. 808. </num> <content>The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="centered smallCaps">“emergency operating assistance</heading> <num value="17"><inline class="smallCaps">“Sec</inline>. 17. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>The Secretary shall provide financial assistance for <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1613">49 USC 1613</ref>.</p></sidenote>the purpose of reimbursing—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the Consolidated Rail Corporation, the National Railroad Passenger Corporation, other railroads, and, if applicable, the trustee or trustees of a railroad in reorganization in the region (as defined in section 102 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702)) for the costs of rail passenger service operations conducted at a loss during the 180-day mandatory operation period, as required under section 304(e) of such Act (45 U.S.C. 744(e)). Such reimbursement shall cover all costs not otherwise paid by a State or a local or regional transportation authority which would have been payable by such State or authority, pursuant to regulations issued by the Office under section 205(d) (5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 715) if such regulations had been in effect on the date of conveyance of rail properties under section 303(b) (1) of such Act; and</content> </paragraph> <page identifier="/us/stat/90/144">90 STAT. 144</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>States, local public bodies, and agencies thereof for additional costs incurred by such States, bodies, and agencies with respect to rail passenger service required by section 304(e) (4) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744 (e)(4)).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Financial assistance under subsection (a) of this section shall not apply to intercity rail passenger service provided pursuant to an agreement with the National Railroad Passenger Corporation which was in effect immediately prior to such date of conveyance.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Financial assistance provided pursuant to subsection (a) of this section shall be subject to such terms, conditions, requirements, and provisions as the Secretary may deem necessary and appropriate with such reasonable exceptions to requirements and provisions otherwise applicable under this Act as the Secretary may deem required by the emergency nature of the assistance authorized by this section. Nothing in this section shall authorize the Secretary to waive the provisions of section 13(c) of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1609">49 USC 1609</ref>.</p><p class="indent0 firstIndent0 fontsize8">Federal share.</p></sidenote> <chapeau>The Federal share of the costs of any rail passenger service required by subsections (c) and (e) of section 304 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744 (c) and (e)) shall be as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>100 percent of the costs eligible under subsections (a)(1) or (a)(2) of this section for the 180-day mandatory operation period required by section 304(e) of such Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>100 percent for the 180-day period following the 180-day mandatory operation period;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>90 percent for the 12-month period succeeding the period specified in subparagraph (2) of this subsection; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>50 percent for the 180-day period succeeding the period specified in subparagraph (3) of this subsection.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">No assistance may be provided beyond the time specified in subsection (d) (3) of this section, unless the applicant for such assistance provides satisfactory assurances to the Secretary that the service for which such assistance is sought will be continued after the termination of the assistance authorized by this section.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>The terms and provisions which are applicable to assistance provided pursuant to this section shall be consistent, insofar as is practicable, with the terms and previsions which are applicable to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1604">49 USC 1604</ref>.</p></sidenote>operating assistance under section 5 of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>To finance assistance under this section, the Secretary may incur obligations on behalf of the United States in the form of grants, contract agreements, or otherwise, in such amounts as are provided in appropriations Acts, in an aggregate amount not to exceed $125,000,000. There are authorized to be appropriated for liquidation of the obligations incurred under this section not to exceed $40,000,000 by September 30, 1976, $95,000,000 by September 30, 1977, and <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>$125,000,000 by September 30, 1978, such sums to remain available until expended.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="centered smallCaps">conversion of abandoned railroad rights-of-way</heading> <num value="809"><inline class="smallCaps">Sec</inline>. 809. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Report to President and Congress.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1a">49 USC 1a note</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Study</inline>.—</heading><chapeau>The Secretary shall, within 360 days after the date of enactment of this Act, and in consultation with the Secretary of the Interior, the Office, the Association, the Environmental Protection Agency, any other appropriate Federal agency, any appropriate State and regional transportation agency, any other appropriate State and local governmental entities, and any appropriate private groups and individuals, prepare and submit to the Congress and the President a report on the conversion of railroad rights-of-way. This <page identifier="/us/stat/90/145">90 STAT. 145</page>report shall evaluate and make suggestions concerning potential alternate uses of, and public policy with respect to the conversion of, railroad rights-of-way on which service has been discontinued or is likely to be discontinued. This report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an inventory statement developed by the Secretary as to all abandoned railroad rights-of-way and significant segments of such rights-of-way which retain their linear characteristics, including, as to each, identification of the owner of record and an evaluation of its topography, characteristics, condition, approximate value, and alternate use suitability;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an evaluation of the advantages of establishing a rail bank consisting of selected such rights-of-way, as a means of assuring their availability for potential railroad use in the future, a discussion of interim uses for such rights-of-way, the development of conveyancing and leasing forms, conditions, and practices to assure such availability, a projection as to the costs of such a program, and recommendations regarding the administration of such a program;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a survey of existing Federal, State, and local programs utilizing or attempting to utilize abandoned railroad rights-of-way for public purposes, including an assessment of the benefits and costs of each; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an assessment and evaluation of suggestions for more effective public utilization of abandoned railroad rights-of-way, including recommendations for legislative, administrative, and regulatory action, if any, and proposals as to the optimum level of funding therefor.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Information and Funding</inline>.—</heading><chapeau>The Secretary of the Interior, after consultation with the Secretary, shall, in accordance with this subsection, provide financial, educational, and technical assistance to local, State, and Federal governmental entities for programs involving the conversion of abandoned railroad rights-of-way to recreational and conservational uses, in such manner as to coordinate and accelerate such conversion, where, appropriate. Such assistance shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>encouraging and facilitating exchanges of information dealing with the availability of railroad rights-of-way, the technology involved in converting such properties to such public purposes, and related matters;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>making grants, in consultation with the Bureau of Outdoor Recreation of the Department of the Interior, to State and local governmental entities to enable them to plan, acquire, and develop recreational or conservational facilities on abandoned railroad rights-of-way, which grants shall cover not more than 90 percent of the cost of the planning, acquisition, or development activity of the particular project for which funds are sought;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>allocating funds to other Federal programs concerned with recreation or conservation in order to enable abandoned railroad rights-of-way, where appropriate, to be included in or made into national parks, national trails, national recreational areas, wildlife refuges, or other national areas dedicated to recreational or conservational uses; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>providing technical assistance to other Federal agencies, States, local agencies, and private groups for the purpose of enhancing conversion projects. To increase the available information and expertise, the Secretary may contract for special studies or projects and may otherwise collect, evaluate, and disseminate information dealing with the utilization of such rights-of-way.</content> </paragraph> </subsection> <page identifier="/us/stat/90/146">90 STAT. 146</page> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Conforming Amendment</inline>.—</heading><content>Section la of the Interstate <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1a">49 USC 1a</ref>.</p></sidenote>Commerce Act, as inserted by this Act, is amended by redesignating paragraph (10) thereof as paragraph (11), and by inserting immediately after paragraph (9) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>In any instance in which the Commission finds that the present or future public convenience and necessity permit abandonment or discontinuance, the Commission shall make a further finding whether such properties are suitable for use for other public purposes, including roads or highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Commission finds that the properties proposed to be abandoned are suitable for other public purposes, it shall order that such rail properties not be sold, leased, exchanged, or otherwise disposed of except in accordance with such reasonable terms and conditions as are prescribed by the Commission, including, but not limited to, a prohibition on any such disposal, for a period not to exceed 180 days after the effective date of the order permitting abandonment unless such properties have first been offered, upon reasonable terms, for acquisition for public purposes.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1a">49 USC 1a note</ref>.</p></sidenote> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading><content>There are authorized to be appropriated to carry out the provisions of this section, not to exceed $6,000,000 for the fiscal year and the transitional fiscal period ending September 30, 1976, not to exceed $7,000,000 for the fiscal year ending September 30, 1977, and not to exceed $7,000,000 for the fiscal year ending September 30, 1978. Sums appropriated pursuant to this authorization are authorized to remain available until expended. Of the funds appropriated, at least four-fifths are to be made available to the Secretary of the Interior to carry out subsection (b) of this section.</content> </subsection> </section> <section> <heading class="centered smallCaps">rail bank</heading> <num value="810"><inline class="smallCaps">Sec</inline>. 810. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1653a">49 USC 1653a</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading><content>The Secretary shall, within 180 days after the date of enactment of this Act, and after consultation with the Secretary of the Interior and the Secretary of Commerce, in accordance with this section, establish a rail bank to consist of rail trackage and other rail properties eligible under this subsection, for purposes of preserving existing service in certain areas of the United States in which fossil fuel natural resources or agricultural production is located. The Secretary may include in such rail bank any railroad trackage or other rail properties which are listed for consideration for inclusion in a rail bank under part III, section C, of the final system plan.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Powers</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Secretary may acquire, by lease, purchase, or in such other manner as he considers appropriate, rail properties or any interests therein eligible for inclusion in the rail bank established under this section. Except as provided in paragraph (2) of this subsection, the Secretary may hold rail properties acquired for such rail bank, and may sell, lease, grant rights over, or otherwise dispose of interests or rights in connection with such rail properties.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary may not dispose of any such rail properties pursuant to paragraph (1) of this subsection if he determines, after consultation with the Secretary of the Interior and the Secretary of Commerce, that such disposition would adversely affect the availability of such properties for any continued necessary access to, and egress by rail from, facilities in which fossil fuels are being or can be extracted or processed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading><content>There are authorized to be appropriated to the Secretary for purposes of carrying out the <page identifier="/us/stat/90/147">90 STAT. 147</page>provisions of this section such sums as are necessary, not to exceed $6,000,000. Sums appropriated pursuant to this section are authorized to remain available until expended.</content> </subsection> </section> <num class="centered" value="IX">TITLE IX—</num><heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section> <heading class="centered smallCaps">comprehensive study of rail system</heading> <num value="901"><inline class="smallCaps">Sec</inline>. 901. </num><chapeau>The Secretary shall conduct a comprehensive study of the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1654">49 USC 1654 note</ref>.</p></sidenote>American railway system. Such study shall commence not later than 45 days after the date of enactment of this Act. Such study shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a showing of the potential cost savings and of possible improvements in service quality which could result from restructuring the railroads in the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an identification of the potential economies and improvements in performance which could result from the improvement of local and terminal operations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>estimates as to potential savings in the cost of rehabilitating the United States railway system if rehabilitation is limited to those portions of such system which are essential to interstate, commerce or national defense;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an assessment of the extent to which common or public ownership of fixed facilities could improve the national rail transportation system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an assessment of the potential effects of alternative rail corporate structures upon the national rail transportation system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a listing, in order of descending priority, of the rail properties which should be improved to the extent necessary to permit high-speed rail passenger or freight service over such properties, in terms of the costs and benefits of such improvements and the reasons therefor; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <chapeau>an estimate of the potential benefits of railroad electrification for high density rail lines in the United States, and an evaluation of the costs and benefits of electrifying rail lines in the United States with a high density of traffic, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the capital costs of such electrification and the oil fuel economies which would be derived therefrom, the ability of existing power facilities to supply the additional power required, and the amount of coal or other fossil fuels required to generate the power necessary for railroad electrification; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the advantages to the environment of electrification of railroads in terms of reduced fuel consumption and air pollution, and the disadvantages to the environment from increased use of fuels such as coal; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>a survey and analysis of the financial and physical condition of the facilities, rolling stock, and equipment or the various railroads in the United States.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Within 540 days after the date of enactment of this Act, the Secretary <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>shall submit a report to the Congress setting forth the results of the study conducted pursuant to this section.</continuation> </section> <section> <heading class="centered smallCaps">study of aid to rail transportation</heading> <num value="902"><inline class="smallCaps">Sec</inline>. 902. </num> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">Study</inline>.—</heading><content>Within 30 days after the date of the enactment <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1654">49 USC 1654 note</ref>.</p></sidenote>of this Act, the. Secretary shall nutate a comprehensive study and analysis of (1) past and present policies and methods of providing Federal aid for the construction, improvement, operation, and <page identifier="/us/stat/90/148">90 STAT. 148</page>maintenance of rail transportation facilities and services, (2) the relationship of such policies and methods to the policies and methods of providing Federal aid for other modes of transportation, and (3) whether common carrier’s by railroad have been or are disadvantaged by reason of such policies and methods, and, if such carriers have been or are disadvantaged, the extent of such disadvantage. The Secretary shall examine ways and means by which future policy respecting Federal aid to rail transportation may be so determined and developed as to encourage the establishment and maintenance of an open and competitive market in which rail transportation competes on equal terms with other modes of transportation, and in which market shares are governed by customer preference based upon the service and full economic costs.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Cooperation</inline>.—</heading><content>The Commission and the Secretary of the Army are authorized and directed to cooperate fully with the Secretary in carrying out the purposes of this section, and also to submit such independent and separate reports, comments, and recommendations as they consider appropriate.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Information</inline>.—</heading><content>In carrying out the purposes of this section, the Secretary may require all common carriers by railroad to file such reports containing such information as the Secretary considers necessary. The Secretary shall have the power to require by subpoena the production of such books, papers, tariffs, contracts, agreements, or other documents or data of a common carrier by railroad related to the study and analysis as he considers relevant. The Secretary may treat as confidential and privileged any document, data, or information received for such study and analysis, notwithstanding the provisions of section 552 of title 5, United States Code.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Report to Congress</inline>.—</heading><content>Within 1 year after the date of enactment of this Act, the Secretary shall complete the study and analysis authorized and directed by this section, and shall transmit a report to the Congress containing his findings and conclusions, together with his recommendations for a sound and rational policy with respect to Federal aid to rail transportation.</content> </subsection> </section> <section> <heading class="centered smallCaps">study of conglomerates</heading> <num value="903"><inline class="smallCaps">Sec</inline>. 903. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s5c">49 USC 5c note</ref>.</p></sidenote> <content class="inline">The Commission shall undertake a study of conglomerates and of such other corporate structures as are presently found within the rail transportation industry. The Commission shall determine what effects, if any, such diverse structures have on effective transportation, on intermodal competition, on revenue levels, and on such other aspects of national transportation as the Commission considers to be legitimate subjects of study. The Commission shall prepare a report with <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>appropriate recommendations and shall submit its report to the Congress within 1 year after the date of enactment of this Act.</content> </section> <section> <heading class="centered smallCaps">rail abandonment report</heading> <num value="904"><inline class="smallCaps">Sec</inline>. 904. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s745">45 USC 745 note</ref>.</p></sidenote> <content class="inline">The Secretary shall submit to the Congress, within 90 days after the date of enactment of this Act, a comprehensive report on the anticipated effect, including the environmental impact, of any abandonments of lines of railroad and any discontinuances of rail service in States outside the region, as defined in section 102 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702).</content> </section> <section> <heading class="centered smallCaps">nondiscrimination</heading> <num value="905"><inline class="smallCaps">Sec</inline>. 905. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s803">45 USC 803</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <heading><inline class="smallCaps">General</inline>.—</heading><content>No person in the United States shall on the ground of race, color, national origin, or sex be excluded from <page identifier="/us/stat/90/149">90 STAT. 149</page>participation in, or denied the benefits of, or be subjected to discrimination under, any project, program, or activity funded in whole or in part through financial assistance under this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Compliance</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Whenever the Secretary determines that any person receiving financial assistance, directly or indirectly, under this Act, or under any provision of law amended by this Act, has failed to comply with subsection (a) of this section, with any Federal civil rights statute, or with any order or regulation issued under such a statute, the Secretary shall notify such person of such determination and shall direct such person to take such action as may be necessary to assure compliance with such subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>If, within a reasonable period of time after receiving notification pursuant to paragraph (1) of this subsection, such person fails or refuses to comply with subsection (a) of this section, the Secretary shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>direct that no further Federal financial assistance be provided to such person;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and/or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>take such other actions as may be provided by law.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Civil Action</inline>.—</heading><content>Whenever a matter is referred to the Attorney General pursuant to subsection (b) of this section, or whenever the Attorney General has reason to believe that any person is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may commence a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Regulations</inline>.—</heading><content>The Secretary may prescribe such regulations and take such actions as are necessary to monitor, enforce, and affirmatively carry out the purposes of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Judicial Review</inline>.—</heading><content>Any determinations made or actions taken by the Secretray pursuant to this section shall be subject to judicial review.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading><content>For purposes of this section, the term “financial assistance” includes obligation guarantees.</content> </subsection> </section> <section> <heading class="centered smallCaps">minority resource center</heading> <num value="906"><inline class="smallCaps">Sec</inline>. 906. </num> <content>The Department of Transportation Act (49 U.S.C. 1651 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1651/1658/1659">49 USC 1651 notes, 1658, 1659</ref>.</p></sidenote>et seq.) is amended (1) by redesignating sections 11 tlirough 15 thereof as sections 12 through 16 thereof, and (2) by inserting a new section 11 as follows: <quotedContent> <section> <heading class="centered smallCaps">“minority resource center</heading> <num value="11"><inline class="smallCaps">“Sec</inline>. 11. </num> <subsection class="inline"><num value="a">(a) </num> <content>The Secretary shall, within 180 days after the date of <sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1657a">49 USC 1657a</ref>.</p></sidenote>enactment of this section, establish a Minority Resource Center (hereafter in this section referred to as the ‘Center’).</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The Center shall have an Advisory Committee, which shall consist of 5 individuals appointed by the Secretary from lists of 3 qualified individuals recommended by minority-dominated trade associations in the minority business community.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <chapeau>The Center is authorized to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>establish and maintain, and disseminate information from, a national information clearinghouse for minority entrepreneurs and businesses, for purposes of furnishing, to such entrepreneurs and businesses, information with respect to business opportunities <page identifier="/us/stat/90/150">90 STAT. 150</page>involving the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation’s railroads;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>conduct market research, planning, economic and business analyses, and feasibility studies to identify such opportunities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>design and conduct programs to encourage, promote, and assist minority entrepreneurs and businesses to secure contracts, subcontracts, and projects related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation’s railroads;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>enter into such contracts, cooperative agreements, or other transactions as may be necessary in the conduct of its functions and duties;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>develop support mechanisms, including venture capital, surety and bonding organizations, and management and technical services, which will enable minority entrepreneurs and businesses to take advantage of business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation’s railroads; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>participate in, and cooperate with, all Federal programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with such relevant information, including procurement schedules, bids, and specifications with respect to particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects, as may be requested by the Center in connection with the performance of its functions.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Minority.”</p></sidenote> <content>As used in this section, the term ‘minority’ includes women.”.</content> </subsection> </section> </quotedContent> </content> </section> Approved February 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–725 accompanying H.R. 8069 (Comm. on Interstate and Foreign Commerce) and Nos. 94–768 and 94–781 (Comm. of (Conference) SENATE REPORTS No. 94–499 (Comm. on Commerce) and Nos. 94–585 and 94–595 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 2, 4, considered and passed Senate.

Dec. 17, considered and passed House, amended, in lieu of H.R. 8069.

Dec. 19, Senate and House agreed to conference report.

Vol. 122 (1975): Jan. 20, House vacated certain actions and recommitted the bill to committee of conference.

Jan. 21, Senate vacated certain actions and recommitted the bill to committee of conference.

Jan. 28, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 6 (1976): Feb. 5, Presidential statement.

 Public Law 94–211: To authorize the One Hundred and First Airborne Division Association to erect a memorial in the District of Columbia or its environs. Public Law 211 Public Law 94–211 90 Stat. 151 1976-02-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 151 Public Law 94–211 94th Congress
An Act To authorize the One Hundred and First Airborne Division Association to erect a memorial in the District of Columbia or its environs.

Feb. 6, 1976

[S. 1847]

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

D.C. One Hundred and First Airborne Division Association.

“Screaming Eagles”, memorial.

Site selection.

and First Airborne Division Association is authorized to erect a memorial on public grounds in the District of Columbia or its environs in honor and in commemoration of the men of the “Screaming Eagles” of the One Hundred and First. Airborne Division, United States Army, who have served their country in World War II, Vietnam, and maintaining peace.
Sec. 2. (a) The Secretary of the Interior is authorized and directed to select., with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds in the District of Columbia, or its environs, upon which may be erected the memorial authorized in the first section of this Act: Provided, That the site selected is on public grounds belonging to or under the jurisdiction of the government of the District of Columbia, the approval of the Mayor of the District of Columbia shall also be obtained. (b) The design and plans for such memorial shall be subject to the

Design.

approval of the Secretary of the Interior, the National Commission of Fine Arts and the National Capital Planning Commission, and the United States or the District of Columbia shall be put to no expense in the erection thereof.
Sec. 3. The authority conferred pursuant to this Act shall lapse

Authority.

unless (1) the erection of such memorial is commenced within five years from the date of enactment of this Act, and (2) prior to its commencement funds are certified available in an amount sufficient, in the judgment of the Secretary of the Interior to insure completion of the memorial.
Sec. 4. The maintenance and care of the memorial erected under the

Maintenance.

provisions of this Act shall be the responsibility of the Secretary of the Interior, or, if the memorial is erected upon public grounds belonging to or under the jurisdiction of the District of Columbia, the government of the District of Columbia.
Approved February 6, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–740 accompanying H.R. 3710 (Comm. on House Administration). SENATE REPORTS No. 94–494 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 1, considered and passed Senate.

Vol. 122 (1976): Jan. 20, considered and passed House, in lieu of H.R. 3710.

 Public Law 94–212: Making appropriations for the Department of Defense for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, and for other purposes. Public Law 212 Public Law 94–212 90 Stat. 153 1976-02-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 153 Public Law 94–212 94th Congress
An Act Making appropriations for the Department of Defense for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, and for other purposes.

Feb. 9, 1976

[H.R. 9861]

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

Department of Defense Appropriation Act, 1976.

sums are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending June 30, 1970, and the period beginning July 1, 1976, and ending September 30, 1976, for military functions administered by the Department of Defense, and for other purposes, namely:
<num value="I">TITLE I</num> <heading class="centered">MILITARY PERSONNEL</heading> <appropriations level="intermediate"> <heading>Military Personnel, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $8,180,347,000.</p> <p class="firstIndent1 fontsize10">For “Military personnel, Army” for the period July 1, 1976, through September 30, 1976; $2,064,635,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Military Personnel, Navy</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $5,722,300,000.</p> <p class="firstIndent1 fontsize10">For “Military personnel, Navy” for the period July 1, 1976, through September 30, 1976; $1,451,668,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Military Personnel, Marine Corps</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere): $1,806,377,000.</p> <p class="firstIndent1 fontsize10">For “Military personnel, Marine Corps” for the period July 1, 1976, through September 30, 1976; $460,117,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Military Personnel, Ant Force</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including <page identifier="/us/stat/90/154">90 STAT. 154</page>all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $7,251,524,000.</p> <p class="firstIndent1 fontsize10">For “Military personnel, Air Force” for the period July 1, 1976, through September 30, 1976; $1,776,677,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, as authorized by law; $468,879,000.</p> <p class="firstIndent1 fontsize10">For “Reserve personnel, Army” for the period July 1, 1976, through September 30, 1976; $165,299,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Navy</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, as authorized by law; $200,035,000.</p> <p class="firstIndent1 fontsize10">For “Reserve personnel, Navy” for the period July 1, 1976 through September 30, 1976; $59,525,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Marine Corps</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, as authorized by law; $70,652,000.</p> <p class="firstIndent1 fontsize10">For “Reserve personnel. Marine Corps” for the period July 1, 1976, through September 30, 1976; $28,082,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Air Force</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while undergoing reserve training, or while, performing drills or equivalent duty, and for members of the Air Reserve Officers’ Training Corps, as authorized by law: $157,500,000.</p> <p class="firstIndent1 fontsize10">For “Reserve personnel. Air Force” for the period July 1, 1976, through September 30, 1976; $48,260,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>National Guard Personnel, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title. 32, United States Code, or while undergoing training or while <page identifier="/us/stat/90/155">90 STAT. 155</page>performing drills or equivalent duty, as authorized by law: $696,900,000.</p> <p class="firstIndent1 fontsize10">For “National Guard personnel, Army” for the period July 1, 1976, through September 30, 1976; $209,050,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>National Guard Personnel, Air Force</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $212,318,000.</p> <p class="firstIndent1 fontsize10">For “National Guard personnel, Air Force” for the period July 1, 1976, through September 30, 1976; $60,924,000.</p> </content> </appropriations> <num value="II">TITLE II</num> <heading class="centered">RETIRED MILITARY PERSONNEL</heading> <appropriations level="intermediate"> <heading>Retired Pay, Defense</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof, retainer pay for personnel of the Inactive Fleet Reserve, and payments under section 4 of Public Law 92–425 and chapter 73 of tide 10, United States <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s1448/1431">10 USC 1448 note, 1431 <i>et seq</i></ref>.</p></sidenote>Code; $6,885,200,000.</p> <p class="firstIndent1 fontsize10">For “Retired pay, Defense” for the period July 1, 1976, through September 30, 1976; $1,775,100,000.</p> </content> </appropriations> <num value="III">TITLE III</num> <heading class="centered">OPERATION AND MAINTENANCE</heading> <appropriations level="intermediate"> <heading>Operation and Maintenance, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $2,629,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $7,052,000,000, of which not less than $400,000,000 shall be available only for the maintenance of real property facilities: <proviso> <i>Provided</i>, That not to exceed $42,214,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently withdrawn under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972:</proviso> <proviso> <i>Provided further</i>, That funds provided in this Act for the operation and the maintenance of the anti-ballistic-missile facility (other than funds provided for operation and maintenance of the Perimeter Acquisition Radar) may be used only for the purpose of the expeditious termination and deactivation of all operations of that facility.</proviso> </p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Army” for the period July 1, 1976, through September 30, 1976; $1,779,000,000, of which not to exceed $658,000 can be used for emergencies and extraordinary expenses.</p> </content> </appropriations> <page identifier="/us/stat/90/156">90 STAT. 156</page> <appropriations level="intermediate"> <heading>Operation and Maintenance, Navy</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $4,239,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary’ of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $8,069,400,000, of which not less than $200,000,000 shall be available only for the maintenance of real property facilities: <proviso> <i>Provided</i>, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $1,335,500,000 shall be available for the performance of such work in Navy shipyards:</proviso> <proviso> <i>Provided further</i>, That not to exceed $54,000,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently withdrawn under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972.</proviso> </p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Navy” for the period July 1, 1976, through September 30, 1976; $2,133,557,000, of which not to exceed $1,060,000 can be used for emergencies and extraordinary expenses.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Marine Corps</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance, of the Marine Corps, as authorized by law; $497,110,000, of which not less than $55,000,000 shall be available only for the maintenance of real property facilities.</p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Marine Corps” for the period July 1, 1976, through September 30, 1976; $125,506,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Air Force</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $2,333,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $7,498,679,000, of which not less than $340,000,000 shall be available, only for the maintenance of real property facilities: <proviso><i>Provided</i>, That not to exceed $67,000,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently withdrawn under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972.</proviso> </p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Air Force” for the period July 1, 1976, through September 30, 1976; $1,897,495,000, of which not to exceed $527,000 can be used for emergencies and extraordinary expenses.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Defense Agencies</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil <page identifier="/us/stat/90/157">90 STAT. 157</page>Preparedness Agency), as authorized by law; as follows: for the Secretary of Defense activities. $787,753,000, of which $515,041,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $211,391,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $11,599,000; for the Office of Information for the Armed Forces, $16,212,000; for the Defense Contract Audit Agency, $68,123,000; for the Defense Investigative Service, $25,397,000; for the Defense Mapping Agency, $185,032,000; for the Defense Nuclear Agency, $22,509,000; for the Uniformed Services University of the Health Sciences, $3,981,000; for the Defense Supply Agency, $789,654,000; and for intelligence and communications activities, $565,141,000; in all: $2,475,431,000: <proviso> <i>Provided</i>, That of the total amount of this appropriation, not to exceed $9,208,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes:</proviso> <proviso> <i>Provided further</i>, That not less than $26,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities:</proviso> <proviso> <i>Provided further</i>, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority.</proviso> </p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Defense agencies” for the period July 1, 1976, through September 30, 1976, as follows: for the Secretary of Defense activities, $195,365,000, of which $130,358,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $50,018,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $3,057,000; for the Office of Information for the Armed Forces, $4,097,000; for the Defense Contract Audit Agency, $17,342,000; for the Defense Investigative Service, $6,144,000; for the Defense Mapping Agency, $46,160,000; for the Defense Nuclear Agency, $5,603,000; for the Uniformed Services University of the Health Sciences, $1,254,000; for the Defense Supply Agency, $201,555,000; for intelligence and communications activities, $147,148,000; in all: $627,725,000, of which not to exceed $1,964,500 can be used for emergencies and extraordinary expenses: <proviso> <i>Provided</i>, <sidenote><p class="indent0 firstIndent0 fontsize8">Notice to Congress.</p></sidenote>That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority.</proviso> </p> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance. Amur Reserve</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles: travel and transportation; care of the dead; recruiting: procurement of services, supplies, and equipment; and communications; $310,710,000, of which not less than $20,000,000 shall be available only for the maintenance of real property facilities.</p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Army Reserve” for the period July 1, 1976, through September 30, 1976; $91,100,000.</p> </content> </appropriations> <page identifier="/us/stat/90/158">90 STAT. 158</page> <appropriations level="intermediate"> <heading>Operation and Maintenance. Navy Reserve</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation: care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $284,425,000, of which not less than $11,500,000 shall be available only for the maintenance of real property facilities.</p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Navy Reserve” for the period July 1, 1976, through September 30, 1976; $73,250,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Marine Corps Reserve</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $12,000,000, of which not less than $500,000 shall be available only for the maintenance of real property facilities.</p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Marine Corps Reserve” for the period July 1, 1976, through September 30, 1976; $3,400,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Air Force Reserve</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $322,430,000, of which not less than $10,500,000 shall be available only for the maintenance of real property facilities.</p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Air Force Reserve” for the period July 1, 1976, through September 30, 1976; $81, 190,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Army National Guard</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $649,930,000, of which not less than $12,500,000 shall be available only for the maintenance of real property facilities.</p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Army National Guard” for the period July 1, 1976, through September 30, 1976; $173,285,000.</p> </content> </appropriations> <page identifier="/us/stat/90/159">90 STAT. 159</page> <appropriations level="intermediate"> <heading>Operation and Maintenance, Air National Guard</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard regulations When specifically authorized by the Chief, National Guard Bureau; $697,100,000, of which not less than $8,500,000 shall be available only for the maintenance of real property facilities.</p> <p class="firstIndent1 fontsize10">For “Operation and maintenance, Air National Guard” for the period July 1, 1976, through September 30, 1976; $181,200,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Army Stock Fund</heading> <content class="firstIndent1 fontsize10">For the Army stock fund, $20,000,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Navy Stock Fund</heading> <content class="firstIndent1 fontsize10">For the Navy stock fund, $10,000,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Marine Corps Stock Fund</heading> <content class="firstIndent1 fontsize10">For the Marine Corps stock fund, $2,000,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Air Forge Stock Fund</heading> <content class="firstIndent1 fontsize10">For the Air Force stock fund, $15,000,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Defense Stock Fund</heading> <content class="firstIndent1 fontsize10">For the Defense stock fund, $88,000,000.</content> </appropriations> <appropriations level="intermediate"> <heading>National Board for the Promotion of Rifle Practice, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For the necessary expenses, in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $233,000, of which amount not to exceed $7,500 shall be available for incidental expenses of the National Board; and from other funds provided in this Act, not to exceed $280,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311.</p> <p class="firstIndent1 fontsize10">For “National Board for the Promotion of Rifle Practice, Army” for the period July 1, 1976, through September 30, 1976; $93,000.</p> </content> </appropriations> <page identifier="/us/stat/90/160">90 STAT. 160</page> <appropriations level="intermediate"> <heading>Naval Petroleum Reserve</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses of exploration, prospecting, conservation, development, production, use and operation of the naval petroleum and oil shale reserves as authorized by law, $117,700,000.</p> <p class="firstIndent1 fontsize10">For “Naval petroleum reserve” for the period July 1, 1976, through September 30, 1976; $47,500,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Claims, Defense</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $71,600,090.</p> <p class="firstIndent1 fontsize10">For “Claims, Defense” for the period July 1, 1976, through September 30, 1976; $15,500,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Contingencies, Defense</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For emergency and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes; $2,500,000.</p> <p class="firstIndent1 fontsize10">For “Contingencies, Defense” for the period July 1, 1976, through September 30, 1976; $725,000.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Court of Military Appeals, Defense</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For salaries and expenses necessary for the United States Court of Military Appeals; $1,134,000.</p> <p class="firstIndent1 fontsize10">For “Court of Military Appeals, Defense” for (he period July 1, 1976, through September 30, 1976; $285,000.</p> </content> </appropriations> <num value="IV">TITLE IV</num> <heading class="centered">PROCUREMENT</heading> <appropriations level="intermediate"> <heading>Aircraft Procurement, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $333,500,000 to remain available for obligation until September 30, 1978.</p> <page identifier="/us/stat/90/161">90 STAT. 161</page> <p class="firstIndent1 fontsize10">For “Aircraft procurement, Army” for the period July 1, 1076, through September 30, 1976; $59,400,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Missile Procurement, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote> of equipment, appliances, and machine tools in public and private plants; reserve, plant and Government and contractor-owner equipment layaway: and other expenses necessary for the foregoing purposes; $422,600,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Missile procurement. Army” for the period July 1, 1976, through September 30, 1976; $42,600,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Procurement of Weapons and Tracked Combat Vehicles, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $881,400,000, of which $365,600,000 shall be available only for the production of M60A1 tanks, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Procurement of weapons and tracked combat vehicles. Army” for the period July 1, 1976, through September 30, 1976; $255,000,000, of which $150,900,000 shall be available only for the production of M60A1 tanks, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Procurement of Ammunition, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equip-<page identifier="/us/stat/90/162">90 STAT. 162</page>ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes: <proviso> <i>Provided</i>, That none of the funds provided in this Act may be obligated for construction or modernization of Government-owned contractor operated Army Ammunition Plants for the production of 105mm artillery projectile metal parts until a new study is made of such requirements by the Department of the Army; the Secretary of the Army certifies to Congress that such obligations are essential to national defense:</proviso> and until approval is received from the Appropriations and Armed Services Committees of the House and the Senate, $637,200,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Procurement of ammunition, Army” for the period July 1, 1976, through September 30, 1976; $252,800,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Other Procurement, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, production, and modification of vehicles, including tactical, support, and non tracked combat vehicles; the purchase of not to exceed two thousand three hundred and fifty-six passenger motor vehicles for replacement only; comm unit cations and electronic equipment; other support equipment; spare, parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>title as required by section 335, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and con tractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $912,300,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Other procurement, Army” for the period July 1, 1976, through September 30, 1976; $197,700,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Aircraft Procurement, Navy</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway; $2,972,800,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Aircraft procurement, Navy” for the period July 1, 1976, through September 30, 1976; $605,500,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <page identifier="/us/stat/90/163">90 STAT. 163</page> <appropriations level="intermediate"><heading>Weapons Procurement, Navy</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may he acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway; $1,172,600,000, of which no more than $15,000,000 shall be available for the Condor missile program until the Secretary of Defense determines and advises the Congress that the Condor missile system has successfully completed testing and can be released for production, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Weapons procurement, Navy” for the period July 1, 1976, through September 30, 1976; $321,700,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Shipbuilding and Conversion, Navy</heading> <appropriations level="small"> <heading>(including transfer of funds)</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government, and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; as follows; for the Trident submarine program, $641,300, (W0; for the SSN–688 nuclear attack submarine program. $541,000,000; for completion of the second PHM patrol hydrofoil missile ship, $39,000,000; for nine PF patrol frigates, $802,500,000; for one AD destroyer tender, $201,900,000; for two AO fleet oilers. $239,400,000; for three T-ATF fleet ocean tugs, $41,400,000; for ship waste off loading barges, $11,500,000; for service craft, $1,400,000; for outfitting, $36,200,000; for post delivery. $19,700,000; for cost growth, $932.400,000: and for escalation on prior year programs, $345,300,000, and in addition, $75,000,000 which shall be derived by transfer from “Shipbuilding and conversion. Navy, 1975/1979”; in all; $3,853,000,000, and in addition $75,000,000 in transfers as hereinbefore provided, to remain available for obligation until September 30, 1980: <proviso> <i>Provided</i>, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel:</proviso> <proviso> <i>Provided further</i>, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards.</proviso> </p> <p class="firstIndent1 fontsize10">For “Shipbuilding and conversion. Navy” for the period July 1, 1976, through September 30, 1976; as follows: for the Trident submarine program, $253,000,000; for the SSN–688 nuclear attack submarine <page identifier="/us/stat/90/164">90 STAT. 164</page>program, $189,000,000; for the PHM patrol hydrofoil missile ship program, $24,200,000; and for outfitting, $5,000,000; in all: $471,200,000, to remain available for obligation until September 30, 1980.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Other Procurement, Navy</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For procurement, production, and modernization of support equipment and materials not otherwise, provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed one thousand and eighty-eight passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway.; $1,829,700,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Other procurement, Navy” for the period July 1, 1976, through September 30, 1976; $464,500,000, including purchase of not to exceed one hundred and fourteen passenger motor vehicles for replacement only; to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Procurement, Marine Corps</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public or private plants; reserve plant and Government and contractor-owned equipment lay-away: and vehicles for the Marine Corps, including purchase of not to exceed one hundred and fifty-seven passenger motor vehicles for replacement only; $281,000,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Procurement, Marine Corps” for the period July 1, 1976, through September 30, 1976; $40,400,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Aircraft Procurement, Air Force</heading> <appropriations level="small"> <heading>(including transfer of funds)</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $3,933,700,000, of which $251,200,000 shall be available to fully fund only four E–3A Airborne Warning and Control <page identifier="/us/stat/90/165">90 STAT. 165</page>System (AWACS) aircraft, and in addition, $24,300,000 which shall be derived by transfer from “Aircraft procurement, Air Force, 1975/1977”, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Aircraft procurement, Air Force” for the period July 1, 1976, through September 30, 1976; $818,400,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Missile Procurement, Air Force</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $1,723,900,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Missile procurement, Air Force” for the period July 1, 1976, through September 30, 1976; $233,000,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Other Procurement, Air Force</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For procurement, and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed six hundred and twelve passenger motor vehicles for replacement only; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $2,046,400,000, to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Other procurement, Air Force” for the period July 1, 1976, through September 30, 1976; $353,000,000, to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Procurement, Defense Adenoids</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefore, not otherwise provided for: purchase of five hundred and four passenger motor vehicles for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such <page identifier="/us/stat/90/166">90 STAT. 166</page>lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p><p class="indent0 firstIndent0 fontsize8">Angola, funds, limitation.</p></sidenote> Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $205,600,000, none of which, nor any other funds appropriated in this Act may be used for any activities involving Angola other than intelligence gathering, and which funds are to remain available for obligation until September 30, 1978.</p> <p class="firstIndent1 fontsize10">For “Procurement, Defense agencies” for the period July 1, 1976, through September 30, 1976; $39,600,000, including purchase of not to exceed seven passenger motor vehicles for replacement only; to remain available for obligation until September 30, 1978.</p> </content> </appropriations> <num value="V">TITLE V</num> <heading class="centered">RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</heading> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation, Army</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,948,823,000, to remain available for obligation until September 30, 1977.</p> <p class="firstIndent1 fontsize10">For “Research, development, test, and evaluation, Army” for the period July 1, 1976, through September 30, 1976; $504,452,000, to remain available for obligation until September 30, 1977.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation, Navy</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary for basic and applied scientific, research, development, test, and evaluation, including maintenance, rehabilitation, lease, and Operation of facilities and equipment, as authorized by law; $3,238,390,000, to remain available for obligation until September 30, 1977.</p> <p class="firstIndent1 fontsize10">For “Research, development, test, and evaluation, Navy” for the period July 1, 1976, through September 30, 1976; $818,722,000, to remain available for obligation until September 30, 1977.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation, Air Force</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease., and operation of facilities and equipment, as authorized by law; $3,591,266,000, to remain available for obligation until September 30, 1977.</p> <p class="firstIndent1 fontsize10">For “Research, development, test, and evaluation, Air Force” for the period July 1, 1976, through September 30, 1976; $901,014,000, to remain available for obligation until September 30, 1977.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation, Defense Agencies</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $604,400,000, to remain available for <page identifier="/us/stat/90/167">90 STAT. 167</page>obligation until September 30, 1977: <proviso> <i>Provided</i>, That such amounts <sidenote><p class="indent0 firstIndent0 fontsize8">Transfer and merger of funds.</p></sidenote>as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current, fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period:</proviso> <proviso> <i>Provided further</i>, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred.</proviso> </p> <p class="firstIndent1 fontsize10">For “Research, development, test, and evaluation, Defense agencies” for the period July 1, 1976, through September 30, 1976; $146,550,000, to remain available for obligation until September 30, 1977.</p> </content> </appropriations> <appropriations level="intermediate"> <heading>Director of Test and Evaluation, Defense</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith; $25,000,000, to remain available for obligation until September 30, 1977.</p> <p class="firstIndent1 fontsize10">For “Director of test and evaluation, Defense” for the period July 1, 1976, through September 30, 1976; $5,000,000, to remain available for obligation until September 30, 1977.</p> </content> </appropriations> <num value="VI">TITLE VI</num> <heading class="centered">SPECIAL FOREIGN CURRENCY PROGRAM</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses of carrying out programs of the Department of Defense, as authorized by law; $2,668,000, to remain available for obligation until September 30, 1977: <proviso> <i>Provided</i>, That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies.</proviso> </p> <p class="firstIndent1 fontsize10">For “Special foreign currency program” for the period July 1, 1976, through September 30, 1976; $37,000, to remain available for obligation until September 30, 1977.</p> </content> <num value="VII">TITLE VII</num> <heading class="centered">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Publicity or propaganda.</p></sidenote>be used for publicity or propaganda purposes not authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <content class="inline">During the current fiscal year, the Secretary of Defense <sidenote><p class="indent0 firstIndent0 fontsize8">Experts or consultants.</p></sidenote>and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense; and to pay in connection there-<page identifier="/us/stat/90/168">90 STAT. 168</page>with travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: <proviso> <i>Provided</i>, That such contracts may be renewed annually.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Employment of noncitizens.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s700">31 USC 700</ref>.</p></sidenote> <content class="inline">During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense.</content> </section> <section class="firstIndent1 fontsize10"> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Appropriations, availability.</p></sidenote> <content class="inline">Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere., in connection with communication and other services and supplies as may be necessary to carry out the purposes of tins Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Prisoners of war.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s649a">31 USC 649a</ref>.</p></sidenote> <content class="inline">Any appropriation available to the Army, Navy, or the Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance; pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Land acquisition.</p></sidenote> <content class="inline">Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code.</content> </section> <section class="firstIndent1 fontsize10"> <num value="707"><inline class="smallCaps">Sec</inline>. 707. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Dependents’ schooling.</p></sidenote> <content class="inline">Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in an amount not exceeding $211,391,000 for fiscal year 1976 and in an amount not exceeding $50.018,000 for the period July 1, 1976, through September 30, 1976, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: <proviso> <i>Provided</i>, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay:</proviso> <proviso> <i>Provided further</i>, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the <page identifier="/us/stat/90/169">90 STAT. 169</page>recovery thereof; (d) for payment of deficiency judgments and interests <sidenote><p class="indent0 firstIndent0 fontsize8">Deficiency judgments. Leasing.</p></sidenote>thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers, or in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities <sidenote><p class="indent0 firstIndent0 fontsize8">Tools, maintenance. Access roads.</p></sidenote>for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department <sidenote><p class="indent0 firstIndent0 fontsize8">Milk program.</p></sidenote>of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in tire value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at, any time during the fiscal year; and (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for mid er section 625(d)(1) of the Foreign Assistance Act of 1961, as amended.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2385">22 USC 2385</ref>.</p><p class="indent0 firstIndent0 fontsize8">Incidental expenses, payment.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s858">10 USC 858 note</ref>.</p></sidenote></proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="708"><inline class="smallCaps">Sec</inline>. 708. </num> <content class="inline">Appropriations for the Department of Defense for the current fiscal year shall be available for; (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment, and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officer’s or agents in accordance with law’; (i) expenses of Latin America cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s807">10 USC 807 note</ref>.</p></sidenote>and delivery of deserters, prisoner’s, and members absent without leave, including payment of rewards of not to exceed $25 in any one case.</content> </section> <section class="firstIndent1 fontsize10"> <num value="709"><inline class="smallCaps">Sec</inline>. 709. </num> <content class="inline">Insofar as practicable, the Secretary of Defense shall <sidenote><p class="indent0 firstIndent0 fontsize8">Small business assistance.</p></sidenote>assist. American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to par-<page identifier="/us/stat/90/170">90 STAT. 170</page>ticipate in the furnishing of commodities and services financed with funds appropriated by this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="710"><inline class="smallCaps">Sec</inline>. 710. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Mess operations.</p></sidenote> <content class="inline">No appropriation contained in this Act is mil be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from no appropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: <proviso> <i>Provided</i>, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2,50 per day:</proviso> <proviso> <i>Provided further</i>, That for the purposes of tills section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees:</proviso> <proviso> <i>Provided further</i>, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="711"><inline class="smallCaps">Sec</inline>. 711. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Limitation.</p></sidenote> <content class="inline">Unless otherwise expressly provided, appropriations contained in this Act shall remain available for obligation until September 30, 1976.</content> </section> <section class="firstIndent1 fontsize10"> <num value="712"><inline class="smallCaps">Sec</inline>. 712. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reimbursable appropriations.</p></sidenote> <content class="inline">Appropriations of the Department of Defense available for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and material, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s100a">50 USC 100a</ref>.</p></sidenote>proceeds from the sale of any such property: <proviso> <i>Provided</i>, That a report of receipts and disbursements under this limitation shall be made quarterly to Congress:</proviso> <proviso> <i>Provided further</i>, That no funds available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="713"><inline class="smallCaps">Sec</inline>. 713. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Funds, apportionment exemption.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>amended, whenever he deems such action to be necessary in the interest of national defense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Airborne alert expenses.</p></sidenote> <content>Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Military personnel increase, expenses.</p></sidenote> <content>Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary’ of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11).</content> </subsection> <page identifier="/us/stat/90/171">90 STAT. 171</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The Secretary of Defense shall immediately advise Congress of <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="714"><inline class="smallCaps">Sec</inline>. 714. </num> <content class="inline">No appropriation contained in this Act shall be available <sidenote><p class="indent0 firstIndent0 fontsize8">Commissary stores.</p></sidenote>in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other prevision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: <proviso> <i>Provided</i>, That under such regulations <sidenote><p class="indent0 firstIndent0 fontsize8">Free utilities outside U.S. and in Alaska.</p></sidenote>as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska:</proviso> <proviso> <i>Provided further</i>, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="715"><inline class="smallCaps">Sec</inline>. 715. </num> <content class="inline">No part of the appropriations in this Act shall be available <sidenote><p class="indent0 firstIndent0 fontsize8">Proficiency flying.</p></sidenote>for any expense of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member’s assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more.</content> </section> <section class="firstIndent1 fontsize10"> <num value="716"><inline class="smallCaps">Sec</inline>. 716. </num> <content class="inline">No part of any appropriation contained in this Act shall be <sidenote><p class="indent0 firstIndent0 fontsize8">Household goods.</p></sidenote>available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds.</content> </section> <section class="firstIndent1 fontsize10"> <num value="717"><inline class="smallCaps">Sec</inline>. 717. </num> <content class="inline">Vessels under the jurisdiction of the Department of Commerce,<sidenote><p class="indent0 firstIndent0 fontsize8">Vessels, transfer.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s483a">40 USC 483a</ref>.</p></sidenote> the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="718"><inline class="smallCaps">Sec</inline>. 718. </num> <content class="inline">Not more than 20 per centum of the appropriations in this <sidenote><p class="indent0 firstIndent0 fontsize8">Obligated funds, 1976, limitation.</p></sidenote>Act which are limited for obligation during the fiscal year 1976, shall be, obligated during the last, two months of the fiscal year: <proviso> <i>Provided</i>, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers’ Training Corps.</proviso> </content> </section> <page identifier="/us/stat/90/172">90 STAT. 172</page> <section class="firstIndent1 fontsize10"> <num value="719"><inline class="smallCaps">Sec</inline>. 719. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Foreign real property, use.</p></sidenote> <content class="inline"> <p class="inline">During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance, with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor.</p> <p class="firstIndent1 fontsize10"> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s700a">31 USC 700a</ref>.</p></sidenote>In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: <proviso> <i>Provided</i>, That the foregoing authority shall not be available for the conversion of heating<sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress and Office of Management and Budget.</p></sidenote> plants from coal to oil at defense facilities in Europe:</proviso> <proviso> <i>Provided further</i>, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management, and Budget a full report of such property, supplies, and commodities received during such quarter.</proviso> </p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="720"><inline class="smallCaps">Sec</inline>. 720. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Research and development funds.</p></sidenote> <content class="inline">During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="721"><inline class="smallCaps">Sec</inline>. 721. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Education expenses, restriction.</p></sidenote> <content class="inline">No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training.</content> </section> <section class="firstIndent1 fontsize10"> <num value="722"><inline class="smallCaps">Sec</inline>. 722. </num><sidenote><p class="indent0 firstIndent0 fontsize8">ROTC, loyalty requirements.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s2103">10 USC 2103 note</ref>.</p></sidenote> <content class="inline">No part of the funds appropriated herein shall he expended for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers’ Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense.</content> </section> <section class="firstIndent1 fontsize10"> <num value="723"><inline class="smallCaps">Sec</inline>. 723. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Procurement restrictions.</p></sidenote> <content class="inline">No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department, concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals including stainless steel flatware grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: <page identifier="/us/stat/90/173">90 STAT. 173</page><proviso> <i>Provided</i>, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions:</proviso> <proviso> <i>Provided further</i>, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations:</proviso> <proviso> <i>Provided further</i>, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="724"><inline class="smallCaps">Sec</inline>. 724. </num> <content class="inline">None of the funds appropriated in this Act shall be used <sidenote><p class="indent0 firstIndent0 fontsize8">Service facilities.</p></sidenote>for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates.</content> </section> <section class="firstIndent1 fontsize10"> <num value="725"><inline class="smallCaps">Sec</inline>. 725. </num> <content class="inline">During the current fiscal year, appropriations of the <sidenote><p class="indent0 firstIndent0 fontsize8">Airmail reimbursement.</p></sidenote>Department of Defense shall be available for reimbursement to the United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries.</content> </section> <section class="firstIndent1 fontsize10"> <num value="726"><inline class="smallCaps">Sec</inline>. 726. </num> <content class="inline">Appropriations contained in this Act shall be available <sidenote><p class="indent0 firstIndent0 fontsize8">Furnishings and automobiles, purchase.</p></sidenote>for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government.</content> </section> <section class="firstIndent1 fontsize10"> <num value="727"><inline class="smallCaps">Sec</inline>. 727. </num> <content class="inline">During the current fiscal year, appropriations available <sidenote><p class="indent0 firstIndent0 fontsize8">Uniforms.</p></sidenote>to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508).</content> </section> <section class="firstIndent1 fontsize10"> <num value="728"><inline class="smallCaps">Sec</inline>. 728. </num> <content class="inline">Funds provided in this Act for congressional liaison <sidenote><p class="indent0 firstIndent0 fontsize8">Congressional liaison activities.</p></sidenote>activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $1,500,000 for fiscal year 1976, and $375,000 for the period July 1, 1976, through September 30, 1976: <proviso> <i>Provided</i>, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="729"><inline class="smallCaps">Sec</inline>. 729. </num> <content class="inline">Of the funds made available by this Act for the services <sidenote><p class="indent0 firstIndent0 fontsize8">Civil reserve air fleet</p></sidenote>of the Military Airlift Command, $100,000,000 shall be available only for procurement, of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: <proviso> <i>Provided</i>, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="730"><inline class="smallCaps">Sec</inline>. 730. </num> <content class="inline">During the current fiscal year, appropriations available <sidenote><p class="indent0 firstIndent0 fontsize8">Civilian clothing.</p></sidenote>to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than <page identifier="/us/stat/90/174">90 STAT. 174</page>honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government.</content> </section> <section class="firstIndent1 fontsize10"> <num value="731"><inline class="smallCaps">Sec</inline>. 731. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Defense contractors, advertising costs, restrictions.</p></sidenote> <content class="inline">No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract.</content> </section> <section class="firstIndent1 fontsize10"> <num value="732"><inline class="smallCaps">Sec</inline>. 732. </num><sidenote><p class="indent0 firstIndent0 fontsize8">New facilities, restriction.</p></sidenote> <content class="inline">Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7010.2, dated January 18, 1961, in excess of $75,000: <proviso> <i>Provided</i>, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="733"><inline class="smallCaps">Sec</inline>. 733. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Transfer of funds.</p></sidenote> <content class="inline">Upon determination by the Secretary of Defense, that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed$750,000,000 during the fiscal year 1976, and $185,000,000 during the period July 1, 1976, through September 30, 1976, of the appropriations or funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: <proviso> <i>Provided</i>, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated, and in no case where the item for which funds <sidenote><p class="indent0 firstIndent0 fontsize8">Notice to Congress.</p></sidenote>are requested has been denied by Congress:</proviso> <proviso> <i>Provided further</i>, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="734"><inline class="smallCaps">Sec</inline>. 734. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contract payments in foreign countries.</p></sidenote> <content class="inline">None of the funds appropriated in tins Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.</content> </section> <section class="firstIndent1 fontsize10"> <num value="735"><inline class="smallCaps">Sec</inline>. 735. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Working capital funds.</p></sidenote> <content class="inline">During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: <proviso> <i>Provided</i>, That transfers may be made between such funds in such amounts as may be determined by <page identifier="/us/stat/90/175">90 STAT. 175</page>the Secretary of Defense, with the approval of the Office of Management and Budget.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="736"><inline class="smallCaps">Sec</inline>. 736. </num> <content class="inline">No part of the funds appropriated under this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Convicted rioters.</p></sidenote>be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting; promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="737"><inline class="smallCaps">Sec</inline>. 737. </num> <content class="inline">No part of the funds appropriated under this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Campus disrupters.</p></sidenote>be used to provide a loan, guarantee of a loan, or a grant to any applicant who hits been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies.</content> </section> <section class="firstIndent1 fontsize10"> <num value="738"><inline class="smallCaps">Sec</inline>. 738. </num> <content class="inline">None of the funds herein appropriated may be obligated <sidenote><p class="indent0 firstIndent0 fontsize8">Vietnam, Laos, or Cambodia, combat activities.</p></sidenote>or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="739"><inline class="smallCaps">Sec</inline>. 739. </num> <content class="inline">None of the funds available to the Department of Defense <sidenote><p class="indent0 firstIndent0 fontsize8">Heating plant conversion.</p></sidenote>shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe.</content> </section> <section class="firstIndent1 fontsize10"> <num value="740"><inline class="smallCaps">Sec</inline>. 740. </num> <content class="inline">None of the funds appropriated by this Act shall be available <sidenote><p class="indent0 firstIndent0 fontsize8">Involuntary experimental subjects.</p></sidenote>for any research involving uninformed or non voluntary human beings as experimental subjects.</content> </section> <section class="firstIndent1 fontsize10"> <num value="741"><inline class="smallCaps">Sec</inline>. 741. </num> <content class="inline">Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation: hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public or private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers’ Training Corps and other units at educational institutions.</content> </section> <section class="firstIndent1 fontsize10"> <num value="742"><inline class="smallCaps">Sec</inline>. 742. </num> <content class="inline">No part of the funds in this Act shall be available to prepare <sidenote><p class="indent0 firstIndent0 fontsize8">Reprogramming of funds.</p></sidenote>or present a request to the Committees on Appropriations for the reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprograming is requested has been denied by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="743"><inline class="smallCaps">Sec</inline>. 743. </num> <content class="inline">None of the funds contained in this Act shall be used to <sidenote><p class="indent0 firstIndent0 fontsize8">Petroleum fuels to Southeast Asia.</p></sidenote>furnish petroleum fuels produced in the continental United States to Southeast Asia for use by non-United States nationals.</content> </section> <section class="firstIndent1 fontsize10"> <num value="744"><inline class="smallCaps">Sec</inline>. 744. </num> <content class="inline">Obligations hereafter incurred for advance payments of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t37/s1006">37 USC 1006 note</ref>.</p></sidenote>pay and allowances pursuant to section 1006 of title 37, United States Code, shall be recorded as obligations only in the fiscal year in which such payments are earned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="745"><inline class="smallCaps">Sec</inline>. 745. </num> <content class="inline">None of the funds appropriated by this Act may be used <sidenote><p class="indent0 firstIndent0 fontsize8">Enlisted aides, limitation.</p></sidenote>to support more than three hundred and ninety-six enlisted aides in the United States Armed Forces.</content> </section> <page identifier="/us/stat/90/176">90 STAT. 176</page> <section class="firstIndent1 fontsize10"> <num value="746"><inline class="smallCaps">Sec</inline>. 746. </num> <content class="inline">Funds made available for the period July 1, 1976, through September 30, 1976, shall be available for the same purposes as the corresponding appropriation for fiscal year 1976, and shall be subject to the provisions of this title applicable to fiscal year 1976, unless otherwise specifically provided.</content> </section> <section class="firstIndent1 fontsize10"> <num value="747"><inline class="smallCaps">Sec</inline>. 747. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Household effects, transportation, monetary allowance.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t37/s406">37 USC 406 note</ref>.</p></sidenote> <content class="inline">Appropriations available to the Department of Defense for providing transportation of household effects of members of the armed forces pursuant to section 406(b) of title 37, United States Code, shall be available hereafter to pay a monetary allowance in place of such transportation, to a member who, under regulations prescribed by the Secretary of the military department concerned, participates in a program designated by the Secretaries in which his baggage and household effects are moved by privately owned or rental vehicle. Such allowance shall not be limited to reimbursement for actual expenses and may be paid in advance of the transportation of said baggage and household effects. However, the monetary allowance shall be in an amount which will provide savings to the government when the total cost of such movement is compared with the cost which otherwise would have been incurred under section 406(b).</content> </section> <section class="firstIndent1 fontsize10"> <num value="748"><inline class="smallCaps">Sec</inline>. 748. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Unused accrued leave.</p></sidenote> <content class="inline">None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37, United States Code, for more than 60 days of such leave, less the number of days for which payment was previously made under section 501 after the effective date of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="749"><inline class="smallCaps">Sec</inline>. 749. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Space and services furnished by GSA, charges.</p></sidenote> <content class="inline">No part of any appropriation, funds, or other authority contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210 (j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</content> </section> <section class="firstIndent1 fontsize10"> <num value="750"><inline class="smallCaps">Sec</inline>. 750. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Health program, restrictions.</p></sidenote> <content class="inline">No funds appropriated in this Act shall be available to pay claims for non-emergency inpatient hospital care provided on or after January 1, 1976, under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patients residence.</content> </section> <section class="firstIndent1 fontsize10"> <num value="751"><inline class="smallCaps">Sec</inline>. 751. </num> <content class="inline">None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselor, or family and child counselors, or marital counselors, except when these services are certified as not being available on the military base to which the member is assigned, or when the recipient resides within 40 miles of a military medical facility which certifies that these services are not available; (b) special education, except when provided as secondary to the active psychiatric, treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) reconstructive surgery justified solely on psychiatric needs including, but, not limited to, mammary augmentation, face lifts, and sex gender changes; or (f) any other service or supply which is not medically or psychologically necessary to diagnose and treat a mental or physical illness, injury, or bodily malfunction as diagnosed by a physician, dentist, or a clinical psychologist.</content> </section> <page identifier="/us/stat/90/177">90 STAT. 177</page> <section class="firstIndent1 fontsize10"> <num value="752"><inline class="smallCaps">Sec</inline>. 752. </num> <content class="inline">None of the funds appropriated in this Act may be <sidenote><p class="indent0 firstIndent0 fontsize8">Ammunition plants, restriction.</p></sidenote>expended by the Department of the Army for the design, procurement of plant equipment, or construction of new ammunition plant facilities except in areas in which existing ammunition plant facilities are being closed, placed in layaway, or at which production has been curtailed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="753"><inline class="smallCaps">Sec</inline>. 753. </num> <content class="inline">Unless otherwise specified and during the current fiscal <sidenote><p class="indent0 firstIndent0 fontsize8">Compensation.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s699b">31 USC 699b</ref>.</p></sidenote>year, and the period July 1, 1976, through September 30, 1976, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, or the Baltic countries lawfully admitted to the United States for permanent residence, or (5) South Vietnamese refugees paroled into the United States between January 1, 1975, and the date of enactment of this Act: <proviso> <i>Provided</i>, That, for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have, been complied with:</proviso> <proviso> <i>Provided further</i>, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both:</proviso> <proviso> <i>Provided further</i>, That the above penal-clause shall be in addition to, and not in substitution for, any other provisions of existing law:</proviso> <proviso> <i>Provided further</i>, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators; or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies.</proviso> </content> </section> 90 STAT. 178 <num value="VIII">TITLE VIII</num> <heading class="centered">RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Defense Manpower Commission</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For necessary expenses of the Defense Manpower Commission in carrying out the provisions of title VII of the Department of Defense <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s131">10 USC131 note</ref>.</p></sidenote>Appropriation Authorization Act, 1974, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>per diem rate equivalent to the rate for GS–18, and hire of passenger motor vehicles, $1,300,000.</p> <p class="firstIndent1 fontsize10"> <sidenote><p class="indent0 firstIndent0 fontsize8">Short title.</p></sidenote>This Act may be cited as the “<shortTitle role="act">Department of Defense Appropriation Act, 1976</shortTitle>”.</p> </content> </appropriations> Approved February 9, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–517 (Comm. on Appropriations) and No. 94–710 (Comm. of Conference). SENATE REPORTS No. 94–446 (Comm. on Appropriations). CONGRESSIONAL RECORD:

Vol. 121 (1975): Sept. 30, Oct. 1. 2, considered and passed House.

Nov. 13, 14, 18, considered and passed Senate, amended.

Dec. 12, House agreed to conference report; receded and concurred in Senate amendments with an amendment.

Dec. 15, 17–19, Senate agreed to conference report;. Concurred in House amendment with an amendment.

Vol. 122 (1976): Jan. 27, House concurred in Senate amendment.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol 12, No. 7 (1976): Feb. 10, Presidential statement.

 Public Law 94–213: To amend title 5, United States Code, to authorize civilians employed by the Department of Defense to administer oaths while conducting official investigations. Public Law 213 Public Law 94–213 90 Stat. 179 1976-02-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 179 Public Law 94–213 94th Congress
An Act To amend title 5, United States Code, to authorize civilians employed by the Department of Defense to administer oaths while conducting official investigations.

Feb. 13, 1976

[H.R. 508]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 303 of

Department of Defense civilian employees, oaths.

title 5, United States Code, is an tended by inserting “(a)” immediately before “An employee” and by adding at the end thereof the following new subsection: “(b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation.”.
Approved February 13, 1976.
LEGISLATIVE HISTORY—: HOUSE REPORTS No. 94–241 (Comm. on Post Office and Civil Service). SENATE REPORTS No. 94–541 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 21, considered and passed House.

Vol. 122 (1976): Jan. 26, considered and passed Senate, amended.

Jan. 29, House concurred in Senate amendment.

 Public Law 94–214: To establish improved programs for the benefit of producers anti consumers of rice. Public Law 214 Public Law 94–214 90 Stat. 181 1976-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 181 Public Law 94–214 94th Congress
An Act To establish improved programs for the benefit of producers anti consumers of rice.

Feb. 16, 1976

[H.R. 8529]

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

Rice Production Act of 1975.
short title Section 1. This Act may be cited as the “Rice Production Act of

7 USC 428c note.

1975”. ‘
<num value="I">TITLE I—</num> <heading class="inline">RICE ALLOTMENTS AND PRICE SUPPORT</heading> <section> <heading class="smallCaps centered">national acreage allotment and allocation</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">Effective for the 1976 and 1977 crops of rice, section 352 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1352">7 USC 1352 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1352">7 USC 1352</ref>.</p></sidenote>of the Agricultural Adjustment Act of 1938 is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="352">“<inline class="smallCaps">Sec</inline>. 352. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary shall establish for each of the 1976 and 1977 crops of rice a national acreage allotment in the amount of one million eight hundred thousand acres.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The national acreage allotment for each such crop of rice shall be apportioned by the Secretary to farms, and in producer States and administrative areas, to producers on the basis or the rice allotments established for the 1975 crop as adjusted in accordance with subsection (c) of this section: <proviso> <i>Provided</i>, That not to exceed 1 per centum of the national acreage allotment apportioned within each State may be reserved by the State committee for (1) apportionment to new rice farms and new rice producers on the basis of the following factors:</proviso> suitability of the land for the production of rice, the extent to which the farm operator (or produced in the case of a producer allotment) is dependent on income from farming for his livelihood, the production of rice on other farms owned, operated, or controlled by such person, and such other factors as the State committee determines should be considered for the purpose of establishing fair and equitable rice allotments; (2) making adjustments in farm allotments to correct inequities or to prevent hardship; and (3) making corrections in farm or producer allotments.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If for any crop the total acreage planted to rice on a farm is less than the rice allotment for the farm (or in producer administrative areas, the producer allotments allocated to the farm), the farm or producer allotment used as a base for the succeeding crop shall be reduced by the percentage by which such planted acreage was less than the allotment for the farm, but such reduction shall not exceed 20 per centum of the farm or producer allotment for the preceding crop; except that if not less than 90 per centum of the farm acreage allotment is planted to rice, the farm shall be considered to have an acreage planted to rice equal to 100 per centum of such allotment, For purposes of this paragraph, an acreage on the farm which the Secretary determines was not planted to rice because of drought, flood, other natural disaster, or a condition beyond the control of the producer shall be <page identifier="/us/stat/90/182">90 STAT. 182</page>considered, to be an acreage planted to rice. For the purpose of this paragraph, the Secretary may permit producers of rice to have acre-age devoted to soybeans, wheat, feed grains, sugar, castor beans, triticale, oats, cotton, rye, or such other crops as the Secretary may deem appropriate, considered as devoted to the production of rice to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the rice program.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If no acreage is planted (or regarded as planted) to rice for two consecutive crop years on any farm which had a farm acreage allotment for such years or for any producer winch had a producer allotment for such years, such farm or producer shall lose it allotment.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, no farm or producer allotment shall be reduced or lost through failure to plant, if the cooperator elects not to receive payments for the portion of the farm or producer allotment not planted to which he would otherwise be entitled tinder the provisions <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441</ref>.</p></sidenote>of section 101(g) of the Agricultural Act of 1949.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>Notwithstanding any other provision of this Act, if the Secretary determines for any year that, because of drought, flood, other natural disaster, or a condition beyond the control of the person involved in the production of rice, none or only part of the acres of an allotment can be timely planted or replanted by or for such person in such year, the Secretary may authorize for such year the transfer of the total number of such acres which are so affected to another farm in the same or any nearby county, but within the same administrative area, on which one or more persons on the farm from which the transfer is made will be engaged in the production of rice and will share, in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any allotment, or portion thereof, transferred under this subsection shall be regarded as planted to rice on the farm from which the transfer is made for purposes of establishing future farm allotments. For the purpose of determining the amount of payments and loans made under section 101(g) of the Agricultural Act, of 1949 with regard to farms to which allotments, or portions thereof, are transferred under this subsection, the Secretary shall establish a farm yield for any such farm for which there is no established yield.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall permit the owner and operator of any farm for which a farm acreage allotment has been established to sell or lease all or any part, or the right to all or any part of such allotment, to any other owner or operator of a farm in the same administrative area, or to transfer all or any part of such allotment, to any other farm owned or controlled by him in the same administrative area. The Secretary shall also permit the person for whom a producer allotment has been established to sell or lease all or any part of such allotment to any other person in the same administrative area.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>If a producer in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm dies, his history of rice production shall be apportioned in the whole or in part among his heirs or devisees according to the extent to which they may continue, or have continued, his farming operations, if satisfactory proof of such succession of farming operations is furnished the Secretary.</content> </subparagraph> <page identifier="/us/stat/90/183">90 STAT. 183</page> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Upon dissolution of a partnership in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm, the partnership’s history of rice production shall be divided among the partners in such proportion as agreed upon in writing by the partners.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Any paid of the farm rice acreage allotment on which rice will not be planted and which is voluntarily surrendered to the county committee shall be deducted from the allotment to such farm and may be reapportioned by the county committee to other farms in the same county in amounts determined by the county committee to be fair and reasonable. Any allotment surrendered under this subparagraph shall he regarded for purposes of this subsection as having been planted on the farm from which it was surrendered.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>Any acreage planted to rice in excess of the farm or producer acreage allotment in the crop years 1976 and 1977 shall not be taken into account in establishing farm, or producer acreage allotments in any year following such period.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">payments and loans</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Effective for the 1976 and 1977 crops of rice, section 101 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441</ref>.</p></sidenote>of the Agricultural Act of 1949 is amended by adding the following new subsection at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <chapeau class="inline">Notwithstanding any other provision of law—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The established price for the purpose of making payments on rice under this subsection shall be $8 per hundredweight in the case of the 1976 crop, adjusted to reflect any changes in the index of prices paid by farmers for production items, bitterest, taxes, and wage rates during the period beginning on the date of enactment of the Rice Production Act of 1975, and ending July 31, 1976; for the 1977 crop the established price shall be the established price for the 1976 crop adjusted to reflect any changes in the index of prices paid by farmers for production items, interest, taxes, and wage rates during the twelve-month period immediately preceding July 31, 1977; <proviso> <i>Provided</i>, That any increase that would otherwise be made in the established price for the 1976 and 1977 crops to reflect a change in the index of prices paid by farmers may be further adjusted to reflect any change in (i) the national average yield per acre of rice for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre for the three calendar years preceding the year previous to the one for which the determination is made.</proviso> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall make available, to cooperators in the several States of the United States, loans and purchases on the 1976 crop of rice at a rate equal to $6 per hundredweight, adjusted to reflect any changes in the index of prices paid by farmers for production items, interest, taxes, and wage rates during the period beginning on the date of enactment of the Rice Production Act of 1975 and ending July 31, 1976: <proviso><i>Provided</i>, That any increase in the rate of loans and purchases for the 1976 crop to reflect a change in the index of prices paid by farmers may be further adjusted to reflect the change described in the proviso in paragraph (1) of this subsection. Loans and purchases for the 1977 crop shall be established at such rate as bears the same ratio to the loan rate for the 1976 crop as the established price for the 1977 crop bears to the established price for the 1976 <page identifier="/us/stat/90/184">90 STAT. 184</page>crops. The loans and purchases for the 1976 and 1977 crops shall be made available to cooperators on a farm with respect to a quantity of rice determined by multiplying the allotment by the yield established for the farm, as determined in the manner described in the second sentence of paragraph (4) of this subsection.</proviso> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The Secretary shall make available to cooperators payments for each of the 1976 and 1977 crops of rice grown in the several States of the United Stales at a rate equal to the amount by which the established price for the crop of rice exceeds the higher of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the national average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the loan level determined under paragraph (2) for such crop.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The payments for the 1976 and 1977 crops shall be made available to cooperators on a farm with respect to a quantity of rice determined by multiplying the allotment by the yield established for the farm. The yield for the farm for any year shall be determined on the basis of the actual yields per harvested acre for the three preceding years: <proviso> <i>Provided</i>, That the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, outlier natural disaster, or condition beyond the control of the cooperator. If the Secretary determines that the persons involved in producing rice on a farm are prevented from planting all or any portion of the acreage allotments of producers on the farm or farm acreage allotment to rice or other nonconserving crop, because of droughts, flood, or other natural disaster or condition beyond the control of the producer, the rate of payment with regard to such acres so affected shall be the larger of (A) the foregoing rate, or (B) one-third of the established price, except that the Secretary shall make no payment pursuant to this sentence on a farm from which acres were transferred tender <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1352">7 USC 1352</ref>.</p></sidenote>section 352(d) of the Agricultural Adjustment Act of 1938 with respect to the transferred acreage. If the Secretary determines that, because of such disaster or condition, the total quantity of rice which the persons involved in producing rice are able to harvest on any farm is less than 66% per centum of the acreage allotments of producers on the farm or of the farm acreage allotment times the yield of rice established for the farm, the rate of payment for the deficiency in production below 100 per centum shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. Any payment made under the previous two sentences with regard to acres transferred under section 352(d) of the Agricultural Adjustment Act of 1938 shall be calculated with respect to the farm yield established on the farm to which such acres were transferred.</proviso> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Set-aside of cropland.</p></sidenote> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Secretary may provide for a set-aside of cropland for a crop of rice if he estimates (without taking into consideration the effect of a set-aside), that the carryover of rice, for the marketing year beginning in the calendar year immediately following the calendar year in which such crop will be grown will exceed 15 per centum of the total supply of rice for the marketing year beginning in the calendar year in which such crop will be grown. The Secretary shall make a preliminary determination prior to the beginning of the calendar year in which such crop will be grown and a final determination not later than April 1 of the calendar year in which such crop is grown of whether a set-aside shall be in effect and, if so, the acreage of crop-<page identifier="/us/stat/90/185">90 STAT. 185</page>land required to be set aside. The determinations and estimates on <sidenote><p class="indent0 firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote>which they are based shall he published in the Federal Register at the time they are made. If a set-aside of cropland is in effect under this paragraph then, us a condition of eligibility for payments, loans and purchases under this subsection, the cooperators must set aside and devote to conservation uses an acreage of cropland equal to (i) such percentage of the farm acreage allotment as may be specified by the Secretary (not to exceed 30 per centum of the farm acreage allotment), plus, if required by the Secretary, (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary. The Secretary shall permit cooperators to plant and graze sweet sorghum on set-aside acreage. The Secretary may permit, subject to such trims and conditions as he may prescribe, all or any part of the set-aside acreage to be devoted to hay and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, cram be, plantago ovate, flaxseed, triticale, oats, rye, or other commodity, if he determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not adversely affect farm income.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">To assist in adjusting the acreage of rice to desirable goals,<sidenote><p class="indent0 firstIndent0 fontsize8">Land diversion payments.</p></sidenote> the Secretary may make land diversion payments, in addition to the payments authorized in paragraph (3) of this subsection, to cooperators on a farm who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in addition to that required to be devoted under subparagraph (A) of tills paragraph. The land diversion payments for a farm shall be at such rate, or rates as the Secretary determines to be fair and reasonable taking into consideration the diversion undertaken by the cooperator and the productivity of the acreage diverted. The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to adversely affect the economy of the county or local community.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The rice program formulated under this subsection shall require the cooperators to take such measures as the Secretary may deem appropriate to protect the set-aside acreage and the additional diverted acreage from erosion, insects, weeds, and rodents. Such acre-age may be devoted to wildlife food plots or wildlife habitat, in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences. The Secretary may provide for an additional payment on such acreage in the amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the cooperator agrees to permit, without other compensation, access to all or such portion of the farm as the Secretary may prescribe by the general public, for hunting, trapping, fishing, and hiking, subject, to applicable State and Federal regulations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>If the operator of the farm desires to participate in the program formulated under this subsection, he shall file his agreement to do so no later than such date as the Secretary may prescribe. Payments under this subsection shall be made available to cooperators on such farm only if such cooperators set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres <page identifier="/us/stat/90/186">90 STAT. 186</page>which the operator of the farm agrees to set aside and devote to approved soil conserving uses, and the agreement shall so provide. The Secretary may, by mutual agreement with the cooperators on the farm, terminate or modify any such agreement entered into pursuant to this subsection if he determines such action necessary because of any emergency created by drought or other disaster, or in order to alleviate a shortage in the supply of rice.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers including provision for sharing, on a fair and equitable basis, in payments under this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>In the case in which the failure of a cooperator to comply fully with the terms and conditions of the program formulated under this subsection precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as he determines to be equitable in relation to the seriousness of the default.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <content>The Secretary is authorized to issue such regulations as he determines necessary to carry out the provisions of this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s590h">16 USC 590h</ref>.</p></sidenote> <content>The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of payments) shall apply to payments under this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <chapeau>Notwithstanding any other provision of law—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>The total amount of payments which a person shall be entitled to receive during a crop year under the rice program shall not exceed $55,000.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Payments.”</p></sidenote> <content>The term ‘payments’ as used in this paragraph shall not include loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such persons will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount, of the payment redaction.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote> <content>The Secretary shall issue regulations defining the term ‘person’ and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: <proviso> <i>Provided</i>, That the provisions of this paragraph which limit, payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stock-holders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”.</proviso> </content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">suspension of marketing quotas and other provisions</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1353">7 USC 1353 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1353/1354/1355/1356">7 USC 1353, 1354, 1355, 1356</ref>.</p></sidenote> <content class="inline">Sections 353, 354, 355, and 356 of the Agricultural Adjustment Act of 1938 shall not be applicable to the 1976 and 1977 crops of rice.</content> </section> 90 STAT. 187 <num value="II">TITLE II—</num> <heading class="inline">RICE RESEARCH</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary of Agriculture may, under rules prescribed<sidenote><p class="indent0 firstIndent0 fontsize8">Rules.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s428c">7 USC 428c</ref>.</p></sidenote> by such Secretary, carry out regional and national research programs with regard to rice for the following purposes:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to reduce fertilizer and herbicide usage in excess of production needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to develop varieties of rice more susceptible to complete fertilizer utilization;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to improve the resistance of rice plants to disease and to enhance their conservation and environmental qualities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to increase the usage of rice and its processing byproducts;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>to develop better husbandry practices in production and conservation of rice;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>to develop more efficient rice storage practices;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>to improve domestic and international marketing of rice; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>to benefit the general welfare.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary shall, in implementing the program authorized in subsection (a), utilize the technical and related services of appropriate Federal, State, local governmental, and private agencies, with priority consideration for land grant universities, State experiment stations, and other agricultural institutions of higher learning.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline">There is authorized to be appropriated not more than $1,000,000 <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>for the period ending September 30, 1976, to carry out the provisions of this section. No funds authorized by this section shall be used for advertising or promotional activities.</content> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">MISCELLANEOUS</heading> <section> <heading class="smallCaps centered">unused acreage allotments</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">Section 377 of the Agricultural Adjustment Act of 1938 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1377">7 USC 1377 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1377">7 USC 1377</ref>.</p></sidenote>shall not be applicable to the 1976 and 1977 crops of rice.</content> </section> <section> <heading class="smallCaps centered">finality of farmers’ payments and loans</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">Effective only with respect to the 1976 and 1977 crops of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1385">7 USC 1385 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1385">7 USC 1385</ref>.</p></sidenote>rice, section 385 of the Agricultural Adjustment Act of 1938 is amended in the first sentence thereof by inserting immediately after “<quotedText>cotton set-aside program,</quotedText>” the following: “<quotedText>payments under the rice program authorized by section 101(g) of the Agricultural Act of 1949</quotedText>”.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441</ref>.</p></sidenote></content> </section> <section> <heading class="smallCaps centered">definition of cooperator</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content class="inline">Section 408(b) of the Agricultural Act of 1949 is amended<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1428">7 USC 1428</ref>.</p></sidenote> by striking out the period at the end of the first sentence and inserting in lieu thereof the fol lowing: “<quotedText>: <proviso> <i>Provided further</i>, That for the 1976 and 1977 crops of rice, a cooperator shall be a person who produces rice on a farm for which a farm acreage allotment has teen established or to which a producer acreage allotment has been allocated and, if a set-aside is in effect, who has set aside any acreage required under section 101(g).</proviso> </quotedText>”.</content> </section> <page identifier="/us/stat/90/188">90 STAT. 188</page> <section> <heading class="smallCaps centered">conforming amendment</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1428">7 USC 1428 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1428">7 USC 1428</ref>.</p></sidenote> <content class="inline">Effective only with respect to the 1976 and 1977 crops of rice, section 408 of the Agricultural Act of 1949 is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <heading class="centered">“Reference to Terms Made Available to Rice</heading> <num value="m">“(m) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1422/1423/1426/1427/1431">7 USC 1422, 1423, 1426, 1427, 1431</ref>.</p></sidenote> <content>Reference made in sections 402,403,406,407, and 416 to terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the level of loans and purchases for rice under this Act, and references made to the terms ‘price support’, ‘price support operation’, and ‘price support programs such sections and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1421">7 USC 1421</ref>.</p></sidenote>in section 401 (a) shall be considered as applying as well to the loan and purchase operations for such rice in this Act.”.</content> </subsection> </quotedContent> </content> </section> Approved February 16, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–618 (Comm. on Agriculture). SENATE REPORTS No. 94–557 accompanying S. 2260 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 10, 16, considered and passed House.

Vol. 122 (1976): Jan. 28–30, Feb, 2, 3, considered and passed Senate, in lieu of S. 2260.

 Public Law 94–215: To extend until the close of 1083 the period la which appropriations are authorized to be appropriated for the acquisition of wetlands, to increase the maximum amount of such authorization, and for other purposes. Public Law 215 Public Law 94–215 90 Stat. 189 1976-02-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 189 Public Law 94–215 94th Congress
An Act To extend until the close of 1083 the period la which appropriations are authorized to be appropriated for the acquisition of wetlands, to increase the maximum amount of such authorization, and for other purposes.

Feb. 17, 1976

[H.R. 5608]

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

Wetlands Loan Extension Act of 1976.

16 USC 715k–3 note.

be cited as the “Wetlands Loan Extension Act of 1976”.
Sec. 2. (a) The first section of the Act entitled “An Act to promote the conservation of migratory waterfowl by the acquisition of wetlands and other essential waterfowl habitat, and for other purposes”, approved October 4, 1961 (16 U.S.C. 715k–3) is amended by striking out “fifteen-year period beginning with fiscal year 1962, not to exceed $105,000,000.” and inserting in lieu thereof the following: “period beginning on July 1, 1961, and ending at the close of September 30, 1983, not to exceed $200,000,000.”. (b) Section 3 of such Act of October 4, 1961 (16 U.S.C. 715k–5) is amended— (1) by striking out “with fiscal year 1977,” and inserting in lieu thereof “on October 1, 1983,”; (2) by striking out “prior to the end of the aforesaid fifteen-year period.” and inserting in lieu thereof “before October 1, 1983.”; and (3) by striking out “year: Provided further, That no” and inserting in lien thereof “year. No”.
Sec. 3. (a) The first section of the Act entitled “An Act to supplement

Migratory bird hunting and conservation stamp.

and support, the Migratory Bird Conservation Act by providing funds for the acquisition of areas for use as migratory-bird sanctuaries, refuges, and breeding grounds, for developing and administering such areas, for the protection of certain migratory birds, for the enforcement, of the Migratory Bird Treaty Act and regulations thereunder, and for other purposes”, approved March 16, 1934 (16 U.S.C. 718a; commonly known as the “Migratory Bird Hunting Stamp Act”) is amended by inserting after “hunting” in the first sentence the words “and conservation”. (b) The first sentence of section 2 of such Act of March 16, 1934 (16 U.S.C. 718b) is amended to read as follows: “The stamps required by section 1 of this Act shall be issued and sold by the Postal Service and may be sold by the Department of the Interior, pursuant to regulations prescribed jointly by the Postal Service and the Secretary of the Interior, at (1) each post office of the first-and second-class, and (2) any establishment, facility, or location as the Postal Service and the Secretary of the Interior shall direct or authorize. The funds received from the sale of such stamps by the Department of the Interior shall be deposited in the migratory bird conservation fund in accordance with the provisions of section 4 of this Act.”. (c) The fifth sentence of section 2 of such Act of March 16, 1934 (16 U.S.C. 718b), is amended to read as follows; “The Postal Service, pursuant to regulations prescribed by it, shall provide for the redemption, on or before the 30th day of September of each fiscal year, of blocks composed of two or more attached unused stamps issued for such year (A) that were sold on consignment to any person, including, 90 STAT. 190but not limited to, retail dealers for resale to their customers, and (B) that have not been resold by any such person.”. (d) The first sentence of section 4 of such Act of March 16, 1934 (16 U.S.C. 718d), is amended by inserting immediately after “Postal Service” the following: “or the Department of the Interior, whichever is appropriate,”.
Sec. 4.

Land and water, rental or purchase.

 Section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a) is amended by adding at the end thereof the following new sentence: “For purposes of this Act, the purchase or rental of any area of land, water, or land and water includes the purchase or rental of any interest in any such area of land, water, or land and water.”.
Sec. 5.

Property, exchange or cash equalization.

 Paragraph (3) of section 4(b) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(b)(3)) is amended to read as follows: “(3) to acquire lands or interests therein by exchange (A) for acquired lands or public lands, or for interests in acquired or public lands, under his jurisdiction which he finds to be suitable for disposition, or (B) for the right to remove, in accordance with such terms and conditions as he may prescribe, products from the acquired or public lands within the System. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.”.
Approved February 17, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–335 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS No. 94–594 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 8, considered and passed House.

Vol. 122 (1976): Jan. 29, considered and passed Senate, amended.

Feb. 3, House concurred in Senate amendments with amendments.

Feb. 4, Senate concurred in House amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 8 (1976): Feb. 17, Presidential statement.

 Public Law 94–216: To amend the Railroad Revitalization and Regulatory Reform Act of 1070. Public Law 216 Public Law 94–216 90 Stat. 191 1976-02-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 191 Public Law 94–216 94th Congress
Joint Resolution To amend the Railroad Revitalization and Regulatory Reform Act of 1070.

Feb. 17, 1976

[S.J. Res. 167]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 612 (m) of

Railroad Revitalization and Regulatory Reform Act of 1976, amendments.

Ante, p. 107.

the Railroad Revitalization and Regulatory Reform Act of 1976, Public Law 94–210, is amended by striking “(h)” and inserting in lieu thereof “(i)” and by striking “(i)” and inserting in lieu thereof “(j)”
Sec. 2. Section 209(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719(c)(4)), is amended by striking “February 10, 1976” and inserting in lieu thereof “February 17, 1976”.
Sec. 3. Section 301 (i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 741 (i)) is amended by striking “in his capacity as a director of the Corporation” and inserting in lieu thereof “in his capacity as a director of the Association”.
Approved February 17, 1976.
LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 6, considered and passed Senate.

Feb. 9, considered and passed House.

 Public Law 94–217: To amend, section 40 of the Bankruptcy Act to fix the salaries of referees in bankruptcy. Public Law 217 Public Law 94–217 90 Stat. 192 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 192 Public Law 94–217 94th Congress
An Act To amend, section 40 of the Bankruptcy Act to fix the salaries of referees in bankruptcy.

Feb. 27, 1976

[H.R. 6184]

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

Bankruptcy referees.

Salary-fixing.
That the portion of section 40 (11 U.S.C. 68) of the Bankruptcy Act which appears before subsection (c) of such section is amended to read as follows: “a. The compensation of referees in bankruptcy shall be as follows: “(1) Each full-time referee in bankruptcy shall receive a salary of $37,800 per annum, subject to adjustment in accordance with section

2 USC 358 note.

225 of the Federal Salary Act of 1967 and section 461 of title 28 of the United States Code. “(2) Each part-time referee in bankruptcy shall receive a salary of not more than $18,900 per annum, subject to adjustment in accordance with section 225 of the Federal Salary Act of 1967 and section 461 of title 28 of the United States Code, and subject to further adjustment by the conference, in the light of recommendations of the councils, made after advising with the district judges of their respective circuits, and the Director. In fixing the amount of the salary to be paid to a part-time referee, consideration shall be given to the average number and types of, and the average amount of gross assets realized from, cases closed and pending in the territory which the part-time referee is to serve, during the last preceding period of ten years, and to such other factors as may be material. “(3) Disbursement of salaries of referees shall be made monthly by or pursuant to order of the Director. “b. The conference, in light of the recommendations of the councils, made after advising with the district judges of their respective circuits, and of the Director, may increase or decrease the salary of any part-time referee, within the limit prescribed in subdivision a(2) of this section, if there has been a material increase or decrease in the volume of business or other change in the factors which may be considered material in fixing salaries.”.
Sec. 2.

Retired referees, compensation.

11 USC 68.

 The next to final sentence of section 40d(2) of the Bankruptcy Act is amended by stinking out “However, the rate of compensation” and all that follows down through the end of the sentence and inserting in lieu thereof the following: “However, the rate of compensation of a retired referee assigned to serve on a full-time basis in the territory of a part-time referee shall be the rate of full-time service.”.
Approved February 27, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–467 (Comm. on the Judiciary). SENATE REPORTS No. 94–626 accompanying S. 582 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct 23, considered and passed House.

Vol. 122 (1975): Feb. 5, considered and passed Senate, in lieu of S. 582.

 Public Law 94–218: To make the film “Wilma Rudolph Olympic Champion”, which was produced by the United States Information Agency, available for certain limited use within the United States in conjunction with promotion of the 1976 Olympic Games. Public Law 218 Public Law 94–218 90 Stat. 193 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 193 Public Law 94–218 94th Congress
An Act To make the film “Wilma Rudolph Olympic Champion”, which was produced by the United States Information Agency, available for certain limited use within the United States in conjunction with promotion of the 1976 Olympic Games.

Feb. 27, 1976

[H.R. 6949]

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

“Wilma Rudolph Olympic Champion”, film.

U.S. promotion of 1976 Olympic Games.

the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency shall, upon satisfaction of the conditions established by section 2 of this Act, make available to Cappy Productions, Incorporated, of New York, New York, a master copy of the film entitled “Wilma Rudolph Olympic Champion”, produced in 1961 by the United States Information Agency, in order that portions of such film may be used in a television program entitled “Women Gold Medal Winners” which is being produced by Cappy Productions, Incorporated, and which will be shown in the United States and elsewhere to promote the 1976 Olympic Games.
Sec. 2. The Director of the United States Information Agency may not make available to Cappy Productions, Incorporated, a master copy of the film entitled “Wilma Rudolph Olympic Champion” unless— (1) Cappy Productions, Incorporated, pays to the United States the, amount necessary to reimburse the United States for its expenditures in connection with the production of such film; and (2) the Director receives assurances satisfactory to him that— (A) such film will be used solely for purposes of the television program described in the first section of this Act, and (B) such television program will be used solely to promote the 1976 Olympic Games.
Approved February 27, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–671 (Comm. on International Relations). SENATE REPORTS: No. 94–627 (Comm. on Foreign Relations). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 1, considered and passed House.

Vol. 122 (1976): Feb. 5, considered and passed Senate.

 Public Law 94–219: To amend the Act of October 19, 1965, to provide additional authorization for tile Library of Congress James Madison Memorial Building. Public Law 219 Public Law 94–219 90 Stat. 194 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 194 Public Law 94–219 94th Congress
An Act To amend the Act of October 19, 1965, to provide additional authorization for tile Library of Congress James Madison Memorial Building.

Feb. 27, 1976

[H.R. 11645]

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

Library of Congress James Madison Memorial Building.

Additional authorization.

2 USC 141 note.
That section 3 of the joint resolution entitled “Joint resolution to authorize the Architect of the Capitol to construct the third Library of Congress building in square 732 in the District of Columbia to be named the James Madison Memorial Building and to contain a Madison Memorial Hall, and for other purposes”, approved October 19, 1965 (79 Stat. 986; Public Law 89–260), is amended by striking out “$90,000,000” and inserting in lieu thereof “$123,000,000”.
Approved February 27, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–807 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 17, considered and passed House.

Feb. 18, considered and passed Senate.

 Public Law 94–220: To amend the effective date of certain provisions of the Defense Production Act Amendments of 1875. Public Law 220 Public Law 94–220 90 Stat. 195 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 195 Public Law 94–220 94th Congress
Joint Resolution To amend the effective date of certain provisions of the Defense Production Act Amendments of 1875.

Feb. 27, 1976

[H.J. Res. 784]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 9 or the Defense

Defense Production Act Amendments of 1975, amendment.

50 USC app. 2358 note.

Effective date.

Production Act Amendments of 1975 is amended by striking out section 9 and inserting in lieu thereof the following section:
“Sec. 9. This Act and the amendments made by it shall take effect at the close of November 30, 1975, except that the amendment made by section 3 shall take effect upon the one hundred and twentieth day beginning after the date of its enactment.”.
Approved February 27, 1976.
LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol, 122 (1976):

Feb, 2, considered and passed House.

Feb. 16, considered and passed Senate.

 Public Law 94–221: To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Elkhart, Kansas, for airport purposes. Public Law 221 Public Law 94–221 90 Stat. 196 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 196 Public Law 94–221 94th Congress
An Act To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Elkhart, Kansas, for airport purposes.

Feb. 27, 1976

[S. 270]

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

Elkhart, Kans.

Airport property restrictions, release.

49 USC 1716.
That, notwithstanding section 16 of the Federal Airport Act (as in effect on March 11, 1958), the Secretary of Transportation is authorized, subject, to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated March 11, 1958, under which the United States conveyed certain property to the city of Elkhart, Kansas, for airport, purposes.
Sec. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Elkhart, Kansas, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated March 11, 1958, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport.
Approved February 27, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–826 accompanying H.R. 2470 (Comm. on Public Works and Transportation). SENATE REPORTS No. 94–257 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 26, considered and passed Senate.

Vol. 122 (1976): Feb. 17, considered and passed House, amended, in lieu of H.R. 2470.

Feb. 18, Senate concurred in House amendment.

 Public Law 94–222: To extend the State Taxation of Depositories Act. Public Law 222 Public Law 94–222 90 Stat. 197 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 197 Public Law 94–222 94th Congress
An Act To extend the State Taxation of Depositories Act.

Feb. 27, 1976

[S. 2672]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (c)

State taxation of depositories. Extension.

12 USC 548 note.

of the State Taxation of Depositories Act (section 7(c) of Public Law 93–100) is amended by striking out “January 1, 1976” and inserting in lieu thereof “September 12, 1976”.
Sec. 2. Section 2(a) of Public Law 93–100 (12 U.S.C. 1832(a)) is amended by inserting after “Massachusetts” a comma and the following: “Connecticut, Rhode Island, Maine, Vermont,”.
Sec. 3. (a) Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by redesignating subsections (y), (q), and (r) as subsections (r), (s), and (t), respectively, and by adding after subsection (o) the following: “(p) The term ‘discount’ as used in section 167 means a reduction

“Discount.”

15 USC 1666f.

made from the regular price. The term ‘discount’ as used in section 167 shall not mean a surcharge. “(q) The term ‘surcharge’ as used in section 103 and section 167

“Surcharge.”

means any means of increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check, or similar means.”. (b) Section 130(f) of the Truth in landing Act (15 U.S.C. 1640(f)) is amended to read its follows: “(f) No provision of this section or section 112 imposing any liability

15 USC 1611.

shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Hoard or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretations or approvals under such procedures as the Board may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.”. (c) (1) Section 167(a) of the Truth in Lending Act (15 U.S.C. 1666f) is amended by inserting “(1)” immediately after “(a)” and by adding at the end thereof the following new paragraph: “(2) No seller in any sales transaction may impose a surcharge on

Credit card surcharge, prohibition.

Expiration date.

15 USC 1666f note.

a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means.”. (2) The amendment made by paragraph (1) shall cease to be effective upon the expiration of three years after the date of enactment of this Act. 90 STAT. 198 (d) Section 171 of the Truth in Lending Act (15 U.S.C. 1666j) is amended by adding at the end thereof the following new subsection: “(c) Notwithstanding any other provisions of this title, any discount offered under section 167(b) of this title shall not be considered a finance charge or other charge for credit under the usury laws of any State or under the laws of any State relating to disclosure of information in connection with credit transactions, or relating to the types, amounts or rates of charges, or to any element or elements of charges permissible under such laws in connection with the extension or use of credit.”.
Sec. 4.

Effective date.

12 USC 548 note.

 The first section of the Act takes effect on January 1, 1976.
Approved February 27, 1976.
LEGISLATIVE HISTORY: SENATE REPORTS No. 94–472 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 8, considered and passed Senate.

Dec. 16, considered and passed House, amended.

Vol. 122 (1976): Feb. 6, Senate concurred in House amendment with amendments.

Feb. 9, House agreed to Senate amendments.

 Public Law 94–223: To amend the National Wildlife Refuge System Administration Act of 1966, and for other purposes. Public Law 223 Public Law 94–223 90 Stat. 199 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 199 Public Law 94–223 94th Congress
An Act To amend the National Wildlife Refuge System Administration Act of 1966, and for other purposes.

Feb. 27, 1976

[H.R. 5512]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (a)

National Wildlife Refuge System Administration Act of 1966, amendments.

of section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)) is amended to rend as follows: “(a) (1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary of the Interior for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the ‘National Wildlife Refuge System’ (referred to herein as the ‘System’), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge hinds in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility. “(2) No acquired lands which are or become a part of the System

Transfer or disposal of lands, restriction.

may be transferred or otherwise disposed of under any provision of law (except by exchange pursuant to subsection (b)(3) of this section) unless— “(A) the Secretary of the Interior determines with the approval of the Migratory Bird Conservation Commission that such lands are no longer needed for the purposes for which the System was established; and “(B) such lands are transferred or otherwise disposed of for an amount not less than— “(i) the acquisition costs of such lands, in the case of lands of the System which were purchased by the United States with funds from the migratory bird conservation fund, or fair market value, whichever is greater; or “(ii) the fair market value of such lands (as determined by the Secretary as of the date of the transfer or disposal), in the case of hinds of the System which were donated to the System. The Secretary shall pay into the migratory bird conservation fund the aggregate amount of the proceeds of any transfer or disposal referred to in the preceding sentence. “(3) Each area which is included within the System on January 1, 1975, or thereafter, and which was or is— “(A) designated as an area within such System by law, Executive order, or secretarial order; or 90 STAT. 200 “(B) so included by public land withdrawal, donation, purchase, exchange, or pursuant to a cooperative agreement with any State or local government, any Federal department or agency, or any other governmental entity, shall continue to be a part of the System until otherwise specified by Act of Congress, except that nothing in this paragraph shall be construed as precluding— “(i) the transfer or disposal of acquired lands within any such area pursuant to paragraph (2) of this subsection; “(ii) the exchange of lands within any such area pursuant to subsection (b)(3) of this section; or “(iii) the disposal of any lands within any such area pursuant to the terms of any cooperative agreement referred to in subparagraph (B) of this paragraph,”.
Approved February 27, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–334 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS No. 94–593 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 14, considered and passed House.

Vol. 122 (1976): Feb. 4, considered and passed Senate, amended.

Feb. 17, House concurred in Senate amendment.

 Public Law 94–224: To extend the time period during which the President is authorized to call a White House Conference on Handicapped Individuals, and to extend the time period during which appropriated funds may be expended. Public Law 224 Public Law 94–224 90 Stat. 201 1976-02-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 201 Public Law 94–224 94th Congress
Joint Resolution To extend the time period during which the President is authorized to call a White House Conference on Handicapped Individuals, and to extend the time period during which appropriated funds may be expended.

Feb. 27, 1976

[S.J. Res. 154]

 Whereas the White House Conference on Handicapped Individuals Act (Public Law 93–516) authorized the President, to call a White House Conference on Handicapped Individuals not later than two years after the date of enactment of such Act; and Whereas that Act authorized funds appropriated to carry out the White House Conference to remain available for expenditure until June 30, 1977; and Whereas that Act provided that the White House Conference be planned and conducted under the direction of a National Planning and Advisory Council, appointed by the Secretary of the Department of Health, Education, and Welfare; and Whereas the National Planning and Advisory Council has recommended that the convening of the White House Conference be postponed in order to assure sufficient time to develop and convene required State conferences, to assure ease in travel to the Conference by individuals with handicaps, and to assure more effective mobilization of national awareness regarding the problems faced by individuals with handicaps: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence of

White House Conference on Handicapped Individuals Act, amendments.

Time extension.

29 USC 701 note.

section 302(a) of the White House Conference on Handicapped Individuals Act (Public Law 93–516) is amended to read as follows: “The President is authorized to call a White House Conference on Handicapped Individuals not later than three years from the date of enactment of this title in order to develop recommendations and stimulate a national assessment of problems, and solutions to such problems, facing individuals with handicaps.”.
Sec. 2. Section 306 of the White House Conference on Handicapped Individuals Act (Public Law 93–516) is amended by striking out

29 USC 701 note.

“June 30, 1977” and inserting in lieu thereof “September 30, 1978”.
Approved February 27, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–822 (Comm. on Education and Labor). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 17, considered and passed Senate.

Vol. 122 (1976): Feb. 17, considered and passed House.

 Public Law 94–225: To amend section 5202 of title 10, United States Code, relating to the detail, pay, and succession to duties of the Assistant Commandant of the Marine Corps and to amend title 10 of the United States Code in order to make certain disability retirement determinations by the Secretaries of the military departments subject to review by the Secretary of Defense. Public Law 225 Public Law 94–225 90 Stat. 202 1976-03-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 202 Public Law 94–225 94th Congress
An Act To amend section 5202 of title 10, United States Code, relating to the detail, pay, and succession to duties of the Assistant Commandant of the Marine Corps and to amend title 10 of the United States Code in order to make certain disability retirement determinations by the Secretaries of the military departments subject to review by the Secretary of Defense.

Mar. 4, 1976

[S. 2117]

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

Armed Forces.

Marine Corps, Assistant Commandant.

Repeal.
That (a) subsection (d) of section 5202 of title 10, United States Code, is amended by striking out the colon after the word “Senate” and all that follows down through the word “appointment”. (b) Subsection (e) of section 5202 of such title is repealed.
Sec. 2. (a) Section 1216 of title 10, United States Code, is amended— (1) by striking out “The Secretary” in subsection (b) and inserting in lien thereof “Except as provided in subsection (d) of this section, the Secretary”; and (2)

Disability retirement, review.

 by adding at the end thereof the following new subsection: “(d) The Secretary concerned may not, with respect to any member who is in pay grade O–7 or higher or is a Medical Corps officer or medical officer of the Air Force being processed for retirement under any provisions of this title by reason oi age or length of service— “(1)

10 USC 1201.

 retire such member under section 1201 of this title; “(2)

10 USC 1202.

 place such member on the temporary disability retired list pursuant to section 1202 of this title: or “(3)

10 USC 1203.

 separate such member from an armed force pursuant to section 1203 of this title. by reason of unfitness to perform the duties of his office, grade, rank, or rating unless the determination of the Secretary concerned with respect to unfitness is first approved by the Secretary of Defense on the recommendation of the Assistant Secretary of Defense for Health and Environment.”. (b)

10 USC 1216 note.

 The amendments made by subsection (a) of this section shall apply with respect to unfitness determinations made on or after the date of the enactment of this Act by the Secretaries of the military departments concerned for purposes of sections 1201, 1202, and 1203 of title 10, United States Code.
Approved March 4, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–819 (Comm. on Armed Services). SENATE REPORTS No. 94–561 (Comm. on Armed Services). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 17, considered and passed Senate.

Vol. 122 (1976): Feb. 17, considered and passed House, amended.

Feb. 23, Senate concurred in House amendments.

 Public Law 94–226: Making supplemental appropriations for the Legislative Branch for the fiscal year ending June 30, 1976, and for other purposes. Public Law 226 Public Law 94–226 90 Stat. 203 1976-03-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 203 Public Law 94–226 94th Congress
Joint Resolution Making supplemental appropriations for the Legislative Branch for the fiscal year ending June 30, 1976, and for other purposes.

Mar. 9, 1976

[H.J. Res. 811]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are

Legislative Branch.

Supplemental appropriations.

appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1976, and for other purposes, namely:
SENATE Administrative Provision (a) The Sergeant at Arms and Doorkeeper may fix the compensation

2 USC 61e–1.

of the Procurement Officer, Auditor, and Deputy Sergeant at Arms at not to exceed $39,909 per annum. This subsection does not

2 USC 61e–1 note.

supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust the rate of compensation referred to in this subsection under section 4 of the Federal Pay Comparability Act of 1970.

2 USC 60a note.

2 USC 61e–1 note.

 (b) Subsection (a) shall take effect on January 1, 1976, and, notwithstanding any other provision of law, any increase in compensation made, under authority of such subsection may take effect on that date or any date, thereafter as prescribed by the Sergeant at Arms and Doorkeeper at the time of making such increase. (c) Effective on the date of the enactment of this resolution the title

2 USC 61e–1 note.

 of the Procurement Officer, Auditor, and Deputy Sergeant at Arms is changed to Deputy Sergeant at Arms and Doorkeeper. ARCHITECT OF THE CAPITOL Library of Congress James Madison Memorial Building For an additional amount for “Library of Congress James Madison Memorial Building”, $33,000,000, as authorized by the Act of October 19, 1965 (79 Stat, 986–987) , as amended, to remain available until

2 USC 141 note.

expended. Approved March 9, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–836 (Comm. on Appropriations). SENATE REPORTS No. 94–676 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 24, considered and passed House.

Mar. 2, considered and passed Senate, amended.

Mar. 3, House concurred in Senate amendment.

 Public Law 94–227: Authorizing the President to Invite the States of the Italian and foreign nations to participate in the International Petroleum Exposition to be held at Tulsa, Oklahoma, from May 16, 1976, through May 22, 1916. Public Law 227 Public Law 94–227 90 Stat. 204 1976-03-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 204 Public Law 94–227 94th Congress
Joint Resolution Authorizing the President to Invite the States of the Italian and foreign nations to participate in the International Petroleum Exposition to be held at Tulsa, Oklahoma, from May 16, 1976, through May 22, 1916.

Mar. 11, 1976

[S.J. Res. 59]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

International Petroleum Exposition, Tulsa, Okla.

Participation.
That the President of the United States is authorized and requested to invite by proclamation, or in such other manner as he may deem proper, the States of the Union and foreign nations to participate in the International Petroleum Exposition, to be held at Tulsa, Oklahoma, from May 16, 1976, through May 22, 1976, for the purpose of exhibiting machinery, equipment, supplies, and other products used in the production and marketing of oil and gas, and bringing together buyers and sellers for the promotion of foreign and domestic trade and commerce in such products.
Approved March 11, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–854 accompanying H.J. Res. 296 (Comm. on International Relations). SENATE REPORTS No. 94–118 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): May 13, considered and passed Senate.

Vol. 122 (1976): Mar. 1, considered and passed House, in lieu of H.J. Res. 296.

 Public Law 94–228: To authorize and modify various Federal reclamation projects and programs, and for other purposes. Public Law 228 Public Law 94–228 90 Stat. 205 1976-03-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 205 Public Law 94–228 94th Congress
An Act To authorize and modify various Federal reclamation projects and programs, and for other purposes.

Mar. 11, 1976

[S. 151]

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

Reclamation Authorization Act of 1975.

be known as the Reclamation Authorization Act of 1975.
<num value="I">TITLE I</num> <heading class="smallCaps centered">polecat bench, wyoming</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">The Polecat Bench area of the Shoshone extensions unit, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615kkkk">43 USC 615kkkk</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s701–1">33 USC 701–1</ref>.</p></sidenote>heretofore authorized as an integral part of the Pick-Sloan Missouri Basin program by the Act of December 22, 1944 (58 Stat. 887, 891), is hereby reauthorized as a part of that project. The construction, operation, and maintenance of the Polecat Bench area for the purposes of providing irrigation water for approximately nineteen thousand two hundred acres of land, municipal and industrial water supply, fish and wildlife conservation and development, public outdoor recreation, and other purposes shall be prosecuted by the Secretary of the Interior in accordance with the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, aim Acts amendatory thereof or supplementary thereto). The principal features of the Polecat Bench area shall include the Holden Reservoir, related canals, pumping plants, laterals, drains, and necessary facilities to effect the aforesaid purposes of the area. For a period of not more than two years after the initial availability of irrigation water up to two thousand two hundred and seventeen acres of public lands in the Polecat Bench area determined to be suitable for settlement purposes shall be made available, on a preference basis for exchange or amendment, to resident landowners on the Heart. Mountain Division of the Shoshone project, who, on or before December 1, 1968, were determined by the Secretary to be eligible for such exchange or amendment of their farm units under provisions of the Act of August 13, 1953 (67 Stat. 566).<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s451">43 USC 451</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615kkkk–1">43 USC 615kkkk–1</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Polecat Bench area shall be in accordance with the Federal Water Project Recreation Act (79 Stat. 213), as amended.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s460l–12">16 USC 460<i>l</i>–12</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615kkkk–2">43 USC 615kkkk–2</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">The Polecat Bench area of the Shoshone extensions unit shall be integrated physically and financially with the other Federal works constructed under the comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887, 891), as amended and supplemented. Repayment contracts for the return of construction costs allocated to irrigation will be based on the water users’ ability to repay as determined by the Secretary of the Interior; and the terms of such contracts shall not exceed fifty years following the permissible development period.</content> </section> <page identifier="/us/stat/90/206">90 STAT. 206</page> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615kkkk–3">43 USC 615kkkk–3</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s423e">43 USC 423e</ref>.</p></sidenote> <content class="inline">The provisions of the third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 649, 650), and any other similar provisions of Federal reclamation laws as applied to the Polecat Bench area of the Shoshone extensions unit are hereby modified to provide that hinds held in a single ownership which may be eligible to receive water from, through, or by means of area works shall be limited to one hundred and sixty acres of class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615kkkk–4">43 USC 615kkkk–4</ref>.</p></sidenote> <content class="inline">For a period of ten years from the date of enactment of this title no water from the unit authorized by this title shall he delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1421">7 USC 1421 note</ref>.</p></sidenote>Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301 (b)(10) of the Agricultural Adjustment Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1301">7 USC 1301</ref>.</p></sidenote>1938 (52 Stat, 31,41), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Interest rate.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615kkkk–5">43 USC 615kkkk–5</ref>.</p></sidenote> <content class="inline">The interest rate used for computing interest during construction and bite rest on the unpaid balance of the reimbursable costs of the Polecat Bench area shall be determined by the Secretary of the Treasury, as of (he beginning of the fiscal year in which construction of the Polecat Bench area is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for fifteen years from date of issue.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615kkkk–6">43 USC 615kkkk–6</ref>.</p></sidenote> <content class="inline">There is hereby authorized to be appropriated for construction of the Polecat Bench area of the Shoshone extensions unit the sum of $46,000, (100 (January 1975 price levels), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved and, in addition thereto, such sums as may be required for operation and maintenance of the works of said area.</content> </section> <num value="II">TITLE II</num> <heading class="smallCaps centered">dickinson dam, north dakota</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">The Secretary of the Interior is authorized to modify the spillway of Dickinson Dam on the Heart River in the State of North Dakota, to increase conservation storage by installing gates on the existing spillway. The Secretary is also authorized to construct a new spillway to assure the safety of Dickinson Dam from floods currently estimated to be capable of occurrence.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">The, Secretary is authorized to enter into an amendatory repayment contract with the city of Dickinson, North Dakota, to accomplish the repayment of that portion of the cost of the work authorized herein properly allocable to municipal and industrial water supplies in not to exceed forty years from completion of construction: <proviso> <i>Provided</i>, That the total cost of the new spillway and related works incurred for the safety of the structure shall Ire no reimbursable and non returnable.</proviso> </content> </section> <page identifier="/us/stat/90/207">90 STAT. 207</page> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">The interest rate used for purposes of computing interest <sidenote><p class="indent0 firstIndent0 fontsize8">Interest rate.</p></sidenote>during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the works authorized herein shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">There is hereby authorized to be appropriated for construction <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>of works authorized by this title the sum of $4,000,000 (January 1975 price levels) plus or minus such amounts as may he justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost, indexes applicable to the types of construction involved herein.</content> </section> <num value="III">TITLE III</num> <heading class="smallCaps centered">mc kay bam and reservoir, oregon</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">McKay Dam and Reservoir, Umatilla project, Oregon, is <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s616ww">43 USC 616ww</ref>.</p></sidenote>hereby reauthorized for the purposes of irrigation, flood control, fish and wildlife, recreation, and safety of dams, and the costs thereof shall be reallocated among these purposes by the Secretary of the Interior (hereinafter referred to as the “Secretary”), in a manner consistent with the provisions of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">The Secretary is authorized to perform modifications to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s616ww–1">43 USC 616ww–1</ref>.</p></sidenote>the spillway structure at McKay Dam as he determines to be reasonably required for safety of the dam from failure due to overtopping by potential flood inflows to the reservoir.</content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content class="inline">Not to exceed six thousand acre-feet of storage capacity <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s616ww–2">43 USC 616ww–2</ref>.</p></sidenote>in McKay Reservoir shall be allocated for the primary purpose of retaining and regulating flood flows.</content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">Costs incurred in the modification of McKay Dam to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s616ww–3">43 USC 616ww–3</ref>.</p></sidenote>insure its safety from failure shall be nonreimbursable and nonreturnable. All other costs of McKay Dam and Reservoir, heretofore or hereinafter incurred, shall be allocated among the authorized purposes served by the dam and reservoir in accordance with standard cost allocation procedures, and the joint costs allocated to flood control, recreation, and fish and wildlife shall be nonreimbursable.</content> </section> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <content class="inline">The Secretary is authorized to enter into amendatory <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s616ww–4">43 USC 616ww–4</ref>.</p></sidenote>repayment contracts with the Stanfield and West land Irrigation Districts, or other water users, if appropriate, to secure the return of reimbursable irrigation construction and operation and maintenance costs arising from the mollification and reallocation of McKay Dam and Reservoir.</content> </section> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <content class="inline">There is hereby authorized to be appropriated for modification <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s616ww–5">43 USC 616ww–5</ref>.</p></sidenote>of McKay Dam the stun of $1,300,000 (based on July 1975 prices), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved, and, in addition thereto sums as may be required for operation and maintenance of McKay Dam and Reservoir.</content> </section> 90 STAT. 208 <num value="IV">TITLE IV</num> <heading class="smallCaps centered">pollock-herreid unit, soyth dakota</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615llll">43 USC 615<i>l</i><i>l</i><i>l</i><i>l</i></ref>.</p></sidenote> <content class="inline">The Secretary of the Interior is hereby authorized to construct, operate, and maintain in accordance with the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) the Pollock-Herreid unit, South Dakota pumping division, Pick-Sloan Missouri Basin program, South Dakota, for the purposes of providing irrigation water service for approximately fifteen thousand acres of land, municipal and industrial water supply, and fish and wildlife conservation and development. The principal works of the project would include the main pumping plant located at Lake Oahe, the storage reservoir created by the existing Oahe Dam on the Missouri River, to lift water into Lake. Pocasse, a subimpoundinent on tributary Spring Creek, which would serve as a regulating reservoir; a system of main canals and laterals; relift pumping plants; drains; and the necessary facilities to effect the aforesaid purposes of the area.</content> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615llll–1">43 USC 615<i>l</i><i>l</i><i>l</i><i>l</i>–1</ref>.</p></sidenote> <content class="inline">The conservation and development of the fish and wildlife resources in connection with the Pollock-Herreid unit shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213) as amended.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s460l–12">16 USC 460<i>l</i>–12 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615llll–2">43 USC 615<i>l</i><i>l</i><i>l</i><i>l</i>–2</ref>.</p></sidenote> <content class="inline">The Pollock-Herreid unit shall be integrated physically and financially with the other Federal works constructed under the comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887, 891), as amended and supplemented.</content> </section> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615llll–3">43 USC 615<i>l</i><i>l</i><i>l</i><i>l</i>–3</ref>.</p></sidenote> <content class="inline">For a period of ten years from the date of enactment of this title no water from the unit authorized by this title shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1421">7 USC 1421 note</ref>.</p></sidenote>of 1949, or any amendment thereof, if the total supply of such a commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b)(10) of the Agricultural Adjustment Act of 1938 (52 Stat. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1301">7 USC 1301</ref>.</p></sidenote>31, 41), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security.</content> </section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Interest rate.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615llll–4">43 USC 615<i>l</i><i>l</i><i>l</i><i>l</i>–4</ref>.</p></sidenote> <content class="inline">The interest rate used for computing interest, during construction and interest on the unpaid balance of the interest bearing reimbursable costs of the unit shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the unit is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due or callable for fifteen years from date of issue.</content> </section> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615llll–5">43 USC 615<i>l</i><i>l</i><i>l</i><i>l</i>–5</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s423e">43 USC 423e</ref>.</p></sidenote> <content class="inline">The provisions of the third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 649, 650), and any other similar provisions of Federal reclamation laws as applied to the Pollock-Herreid unit, South Dakota pumping division, are hereby modified to provide that lands held in a single ownership which may be eligible to receive water from, through, or by means of unit works shall be limited to one hundred and sixty acres of Class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior.</content> </section> <page identifier="/us/stat/90/209">90 STAT. 209</page> <section class="firstIndent1 fontsize10"> <num value="407"><inline class="smallCaps">Sec</inline>. 407. </num> <content class="inline">There is hereby authorized to be, appropriated for construction <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s615llll–6">43 USC 615<i>l</i><i>l</i><i>l</i><i>l</i>–6</ref>.</p></sidenote>of the Pollock-Herreid unit, as authorized in this title, the sum of $26,000,000 (January 1975 price levels), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein and, in addition thereto, such sums as may be required for operation and maintenance of the works of said unit.</content> </section> Approved March 11, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–694 accompanying H.R. 10537 (Comm. on Interior and Insular Affairs). SENATE REPORTS No. 94–350 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Aug. 1, considered and passed Senate.

Vol. 122 (1976): Jan. 20, considered and passed House, amended, in lieu of H.R. 10537

Feb. 25. Senate agreed to House amendment.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 11 (1976): Mar. 11, Presidential statement.

 Public Law 94–229: To amend section 142 of title 13, United States Code, to change Ute date fur taking censuses of agriculture, irrigation, and drainage, and for other purposes. Public Law 229 Public Law 94–229 90 Stat. 210 1976-03-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 210 Public Law 94–229 94th Congress
An Act To amend section 142 of title 13, United States Code, to change Ute date fur taking censuses of agriculture, irrigation, and drainage, and for other purposes.

Mar. 15, 1976

[H.R. 7824]

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

Agricultural census.

13 USC 142.
That section 142 of title 13, United States Code, is amended to read as follows:
“§ 142. Agriculture, irrigation, and drainage “(a) The Secretary shall in 1979, in 1983, and in every fifth year beginning after 1983, take a census of agriculture. “(b) In conjunction with the census to be taken under subsection (a) of this section in 1979, in 1988, and every tenth year beginning after 1988, the Secretary shall take a census of irrigation and drainage, “(c) The data collected in each of the censuses taken under this section shall relate to the year immediately preceding the, year in which such census is taken.”.
Sec. 2.

13 USC 142 note.

 The statistical classification of farms in effect on January 1, 1975, with respect to censuses taken under section 142 of title 13, United States Code, shall be effective through June 30, 1976, and any statistical report issued on or before June 30, 1976, with respect to any such census shall reflect such classification, but may also include additional classifications as deemed appropriate by the Secretary.
Approved March 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–821 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 17, considered and passed House.

Mar. 1, considered and passed Senate.

 Public Law 94–230: To amend the Rehabilitation Act of 1973 to extend the authorizations of appropriations contained in such Act. Public Law 230 Public Law 94–230 90 Stat. 211 1976-03-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 211 Public Law 94–230 94th Congress
An Act To amend the Rehabilitation Act of 1973 to extend the authorizations of appropriations contained in such Act.

Mar. 15, 1976

[H.R. 11045]

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

Rehabilitation Act Extension of 1976.
short title Section 1. This Act may be cited as the “Rehabilitation Act Extension

29 USC 701 note.

of 1976”.
extension of authorization of appropriations for vocational rehabilitation services Sec. 2. (a) (1) Section 100(b)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 720(b)(1))(hereinafter in this Act, referred to as the “Act”) is amended by striking out “and” immediately after “1975,” and by inserting immediately before the period at the end thereof the following: “, and $740,000,000 for the fiscal year ending September 30, 1977”. (2) Section 100 (b)(2) of the Act (29 U.S.C. 720(b)(2)) is amended by striking out “and” immediately after “1975,” and by inserting immediately after “1976” the following: “, and $25,000,000 for the fiscal year ending September 30, 1977”. (b) Section 112(a) of the Act (29 U.S.C. 732(a)) is amended by striking out “and” immediately after “1975,” and by inserting immediately after “1976,” the folk wing: “and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending September 30, 1977,”. (c) Section 121(b) of the Act (29 U.S.C. 741(b)) is amended by striking out “June 30, 1977” and inserting in lieu thereof “September 30, 1979”.
extension of authorization of appropriations for research and training Sec. 3. (a) Section 201(a)(1) of the Act (29 U.S.C. 761(a)(1)) is amended by striking out “and” immediately after “1975,” and by inserting immediately after “1976” the following: “, and $30,000,000 for the fiscal year ending September 30, 1977”. (b) Section 201 (a)(2) of the Act (29 U.S.C. 761 (a)(2)) is amended by striking out “and” immediately after “1975,” and by inserting immediately after “1976” the following: “, and $25,000,000 for the fiscal year ending September 30, 1977”.
extension of authorization of appropriations for grants for construction of rehabilitation facilities Sec. 4. (a) Section 301(a) of the Act (29 U.S.C. 771 (a)) is amended by striking out “and” immediately after “1975,” and by inserting immediately before the period at the end thereof the following: “, and September 30, 1977”. 90 STAT. 212 (b) The last sentence of section 301(a) of the Act (29 U.S.C, 771 (a)) is amended by striking out “July 1, 1978” and inserting in lieu thereof “October 1, 1980”.
extension of authorization of appropriations for vocational training services for handicapped individuals Sec. 5. Section 302(a) of the Act (29 U.S.C. 772(a)) is amended by striking out “and” immediately after “1975,” and by inserting immediately before the period at the end thereof the following: “, and September 30, 1977”.
extension of authorization of appropriations for special projects and demonstrations Sec. 6. Section 304(a)(1) of the Act (29 U.S.C. 774(a)(1)) is amended by striking out “and” immediately after “1975” and by inserting immediately after “1976” the following: “, and such sums as may be necessary for the fiscal year ending September 30, 1977”.
extension of authorization of appropriations for national center for deaf-blind youths and adults Sec. 7. Section 305(a) of the Act (29 U.S.C. 775(a)) is amended by striking out “and” immediately after “1975,” and by inserting immediately before the period at the end thereof the following: “, and September 30, 1977”.
extension of authorization of appropriations for programs and project evaluation Sec. 8. Section 403 of the Act (29 U.S.C. 783) is amended by striking out “and” immediately after “1975,” and by inserting immediately after “1976,” the following: “and September 30, 1977,”.
extension of authorization of appropriations for secretarial responsibilities Sec. 9. Section 405(d) of the Act (29 U.S.C. 785(d)) is amended by striking out. “and” immediately after “1975,” and by inserting immediately before the period at the, end thereof the following: “, and $600,000 for the fiscal year ending September 30, 1977”.
extension of authorization or appropriations for architectural and transportation barriers compliance board Sec. 10. Section 502(h) of the Act (29 U.S.C. 792(h)) is amended by striking out “and” immediately after “1975,” and by inserting immediately before the period at the end thereof the following: “, and $1,500,000 for the fiscal year ending September 30, 1977”.
90 STAT. 213
contingent extension of programs Sec. 11. (a) Unless the Congress, before April 15, 1977, has passed

29 USC 720 note.

legislation which would have the effect of extending the authorization of each program and activity the authorization for which is extended through the fiscal year ending September 30, 1977, by the amendments made by section 2 through section 10, each such authorization shall be automatically extended through the fiscal year ending September 30, 1978, in accordance with the amendments made by subsection (b). (d) (1) The amendments made by this subsection shall take effect

Effective date.

at the close of April 15, 1977, unless the Congress has passed legislation in accordance with the provisions of subsection (a). (2) Section 100(b)(1) of the Act (29 U.S.C. 720(b)(1)) is amended by striking out “and” immediately after “1976,” and by inserting immediately before the period at the end thereof the following: “, and $760,000,000 for the fiscal year ending September 30, 1978”. (3) Section 100(b)(2) of the Act (29 U.S.C. 720(b)(2)) is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (4) Section 112(a) of the Act (29 U.S.C. 732(a)) is amended by striking out “and” immediately after “1976,” and by inserting immediately after “1977,” the following: “and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending September 30, 1978,”. (5) Section 201 (a)(1) of the Act (29 U.S.C. 761 (a)(1)) is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (6) Section 201(a)(2) of the Act (29 U.S.C. 761 (a)(2)) is amended by striking out “and” immediately after “1976,” and by inserting immediately after “1977” the following: “, and $30,000,000 for the fiscal year ending September 30, 1978”. (7) Section 301(a) of the Act (29 U.S.C. 771(a)) is amended by striking out. “and” immediately after “1976,” and by inserting immediately before the period at the end thereof the following: “, and September 30, 1978”. (8) Section 302(a) of the Act (29 U.S.C. 772(a)) is amended by striking out “and” immediately after “1976,” and by inserting immediately before, the period at the end thereof the following: “, and September 30, 1978”. (9) Section 304(a)(1) of the Act (29 U.S.C. 774(a)(1)) is amended by striking out “year ending September 30, 1977” and insetting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (10) Section 305 (a) of the Act (29 U.S.C. 775(a)) is amended by striking out “and” immediately after “1976,” and by inserting immediately before the period at the end thereof the following: “, and September 30, 1978”. (11) Section 403 of the Act (29 U.S.C. 783) is amended by striking out “and” immediately after “1976,” and by inserting immediately after “1977,” the following: “and September 30, 1978,”. (12) Section 405(d) of the Act (29 U.S.C. 785(d) J is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. 90 STAT. 214 (13) Section 502(h) of the Act (29 U.S.C. 792(h)) is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (c)

29 USC 720 note.

 For purposes of this section, the Congress shall not have been deemed to have passed legislation unless such legislation becomes law.
Approved March 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–721 (Comm. on Education and Labor) and No. 94–809 (Committee of Conference). SENATE REPORTS No. 94–630 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 15, considered and passed House.

Dec. 19, considered and passed Senate, amended, in lieu of S. 2807.

Vol. 122 (1976): Feb. 17, House agreed to conference report.

Mar. 2, Senate agreed to conference report.

 Public Law 94–231: To clarify the authority of the Secretary of Agriculture to control and eradicate plant pests, and for otter purposes. Public Law 231 Public Law 94–231 90 Stat. 215 1976-03-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 215 Public Law 94–231 94th Congress
An Act To clarify the authority of the Secretary of Agriculture to control and eradicate plant pests, and for otter purposes.

Mar. 15, 1976

[S. 1617]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 102 of

Plant pests, control and eradication.

the Act of September 21, 1944 (58 Stat. 735, as amended; 7 U.S.C. 147a), is amended to read as follows:
“Sec. 102. (a) The Secretary of Agriculture, either independently or in cooperation with States or political subdivisions thereof, farmers’ associations and similar organizations, and individuals, is authorized to carry out operations or measures to detect, eradicate, suppress, control, or to prevent or retard the spread of plant pests. “(b) The Secretary of Agriculture is further authorized to cooperate with the governments of all countries of the Western Hemisphere, or the local authorities thereof, and with international organizations or associations, in carrying out necessary surveys and control operations in those countries in connection with the detection, eradication, suppression, control, and prevention or retardation of the spread of plant pests. “(c) In performing the operations or measures herein authorized, the cooperating foreign country, State, or local agency shall be responsible for the authority necessary to carry out the operations or measures on all lands and properties within the foreign country or State other than those owned or controlled by the Federal Government and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. “(d) As used in this section—

Definitions.

 “(1) ‘plant pest’ means any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants; “(2) ‘living stage’ includes the egg, pupal, and larval stages as well as any other living stage; and “(3) ‘State’ includes the District, of Columbia and the territories and possessions of the United States. “(e) The Secretary of Agriculture is authorized to promulgate such

Rules and regulations.

rules and regulations and use such means as he may deem necessary to provide for the inspection of plants and plant products offered for export or transiting the United States and to certify to shippers and interested parties as to the freedom of such products from plant pests according to the phytosanitary requirements of the foreign countries to which such products may be exported, or to the freedom from exposure to plant pests while in transit through the United States. 90 STAT. 216 “(f)

Appropriation authorization.

 There are hereby authorized to be appropriated such sums as the Congress may annually determine to he necessary to enable the Secretary of Agriculture to carry out the provisions of this section. Unless otherwise specifically authorized, or provided for in appropriations, no part of such sums shall be used to pay the cost, or value of property injured or destroyed.”.
Sec. 2.

Repeal.

 The material appearing under the head “federal horticultural board” in section 1 of the Act of October 6, 1917 (40 Stat. 374; 7 U.S.C. 145), is hereby repealed.
Sec. 3. Section 1 of the Act of February 28, 1947 (61 Stat. 7, as amended; 21 U.S.C. 114b), is amended by (1) inserting in the first sentence after the words “any communicable disease of animals” the words “or vectors thereof’; (2) inserting after “Canada” a comma and “the Bahama Islands, the Greater Antilles, and the Lesser Antilles, and with international organizations or associations”; and (3) by deleting “British Honduras” and inserting in lieu thereof “Belize”.
Approved March 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–613 (Comm. on Agriculture) and No. 94–813 (Comm. of Conference). SENATE REPORTS No. 94–370 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD:

Vol. 121 (1975): Sept. 16, considered and passed Senate.

Nov. 4, considered and passed House, amended.

Vol. 122 (1976): Feb. 18, House agreed to conference report.

Mar. 2, Senate agreed to conference report.

 Public Law 94–232: To increase the temporary debt limit, and for other purposes. Public Law 232 Public Law 94–232 90 Stat. 217 1976-03-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 217 Public Law 94–232 94th Congress
An Act To increase the temporary debt limit, and for other purposes.

Mar. 15, 1976

[H.R. 11893]

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

Public debt limit.

Temporary increase.

31 USC 757b note.

Repeal; effective date.

31 USC 757b note.

89 Stat. 693.

period beginning on the date of the enactment of this Act and ending on June 30, 1976, the public debt limit set forth In the first sentence of section 21 of the Second Liberty Bond Act (31 (J.S.C. 707b) shall be temporarily increased by $227,099,000,000.
Sec. 2. Effective on the date of the enactment of this Act, the first section of the Act of November 14, 1975, entitled “An Act to increase the temporary debt limitation until March 15, 1976” (Public Law 94–132), is hereby repealed.
Sec. 3. (a) The last sentence of the second paragraph of the first section of the Second Liberty Bond Act (31 U.S.C. 752) is amended by striking out “$10,000,009,000” and inserting in lieu thereof “$12,000,000,000”. (b) Section 18(a) of the Second Liberty Bond Act (31 U.S.C. 753) is amended by striking out “seven years” and inserting in lieu thereof “ten years”.
Sec. 4. Section 22(b)(1) of the Second Liberty Bond Act (31 U.S.C.

U.S. savings bonds, interest rate.

757c(b)) is amended by adding at the end thereof the following new sentence: “The investment yield on series E savings bonds shall in no case be less than 4 per centum per annum compounded semiannually for the period (beginning on the first day of the calendar month following the date of issuance (or, beginning on October 1, 1976, if later) and ending on the last day of the calendar month preceding the date of redemption.”.
Approved March 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–837 (Comm. on Ways and Means). SENATE REPORTS No. 94–687 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 25, considered and passed House.

Mar. 11, considered and passed Senate.

 Public Law 94–233: To establish an independent and regionalized United States Parole Commission, to provide fair and equitable parole procedures, and for other purposes. Public Law 233 Public Law 94–233 90 Stat. 219 1976-03-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 219 Public Law 94–233 94th Congress
An Act To establish an independent and regionalized United States Parole Commission, to provide fair and equitable parole procedures, and for other purposes.

Mar. 15, 1976

[H.R. 5727]

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

Parole Commission and Reorganization Act.

18 USC 4201 note.

Repeal.

be cited as the “Parole Commission and Reorganization Act”.
united states parole commission parole procedures, conditions, etc. Sec. 2. Title 18 of the United States Code is amended by repeal mg chapter 311 (relating to parole) and inserting in lieu thereof the following new chapter to read as follows: “Chapter 311— PAROLE “Sec. “4201. ‘4202. “4203. “4204. “4205. “4206. “4207. “4208. “4209. “4210. “4211. “4212. “4213. “4214. “4215. “4216. “4217. “4218.
Ҥ 4201.

18 USC 4201.

 Definitions “As used in this chapter— “(1) ‘Commission’ means the United States Parole Commission; “(2) ‘Commissioner’ means any member of the United States Parole Commission; “(3) ‘Director’ means the Di rector of the Bureau of Prisons; “(4) ‘Eligible prisoner’ means any Federal prisoner who is eligible for parole pursuant to this title or any other law including any Federal prisoner whose parole bus been revoked and who is not otherwise ineligible for parole; “(5) ‘Parolee’ means any eligible prisoner who has been released on parole or deemed as if released on parole under section 4164 or

18 USC 4164.

section 4205(f); and “(6) ‘Rules and regulations’ means rules and regulations promulgated by the Commission pursuant to section 4203 and section 553 of title 5, United States Code.
Ҥ 4202.

18 USC 4202.

Membership.

 Parole Commission created “There is hereby established, as an independent agency in the Department of Justice, a United States Parole Commission which shall 90 STAT. 220be comprised of nine members appointed by the President, by and with the advice and consent of the Senate. The President shall designate

Term.

 from among the Commissioners one to serve as Chairman. The term of office of a Commissioner shall be six years, except that the term of a person appointed as a Commissioner to fill a vacancy shall expire six years from the date upon which such person was appointed and qualified. Upon the expiration of a term of office of a Commissioner, the Commissioner shall continue to act until a successor has teen appointed and qualified, except that no Commissioner may serve in excess of

Compensation.

 twelve years. Commissioners shall be compensated at the highest rate now or hereafter presented for grade 18 of the General Schedule pay

5 USC 5332 note.

rates (5 U.S.C. 5332).
Ҥ 4203.

18 USC 4203.

 Powers and duties of the Commission “(a) The Commission shall meet at least quarterly, and by majority vote shall— “(1)

Rules and regulations.

 promulgate rules and regulations establishing guidelines for the powers enumerated in subsection (b) of this section and such other rules and regulations as are necessary to carry out a national parole policy and the purposes of this chapter; “(2) create such regions as are necessary to carry out the provisions of this chapter, but in no event less than five; and “(3) ratify, revise, or deny any request for regular, supplemental, or deficiency appropriations, prior to the submission of the requests to the Office of Management and Budget by the Chairman, which requests shall be separate from those of any other agency of the Department of Justice. “(b) The Commission, by majority vote, and pursuant to the procedures set out in this chapter, shall have the power to— “(1) grant or deny an application or recommendation to parole any eligible prisoner; “(2) impose reasonable conditions on an order granting parole; “(3) modify or revoke an order paroling any eligible prisoner; and “(4) request probation officers and other individuals, organizations, and public or private agencies to perform such duties with respect to any parolee as the Commission deems necessary for maintaining proper supervision of and assistance to such parolees; and so as to assure that no probation officers, individuals, organizations, or agencies shall tear excessive caseloads. “(c) The Commission, by majority vote, and pursuant to rules and regulations— “(1) may delegate to any Commissioner or Commissioners powers enumerated in subsection (b) of this section; “(2) may delegate to hearing examiners any powers necessary to conduct hearings and proceedings, take sworn testimony, obtain and make a record of pertinent information, make findings of probable cause and issue subpoenas for witnesses or evidence in parole revocation proceedings, and recommend disposition of any matters enumerated in subsection (b) of this section, except that any such findings or recommendations shall be based upon the concurrence of not less than two hearing examiners; “(3) may delegate authority to conduct hearings held pursuant to section 4214 to any officer or employee of the executive or judicial branch of Federal or State government; and “(4)

Review.

 may review, or may delegate to the National Appeals Board the power to review, any decision made pursuant to subparagraph (1) of this subsection except, that any such decision 90 STAT. 221so reviewed must be reaffirmed, modified or reversed within thirty days of the date the decision is rendered, and, in case of such review, the individual to whom the decision applies shall be informed in writing of the Commission’s actions with respect thereto and the reasons for such actions. “(d) Except as otherwise provided by law, any action taken by the Commission pursuant to subsection (a) of this section shall be taken by a majority vote of all individuals currently holding office as members of the Commission which shall maintain and make available for public inspection a record of the final vote of each member on statements of policy and interpretations adopted by it. In so acting, each Commissioner shall have equal responsibility and authority, shall have full access to all information relating to the performance of such duties and responsibilities, and shall have one vote.
Ҥ 4204.

18 USC 4204.

 Powers and duties of the Chairman “(a) The Chairman shall— “(1) convene and preside at meetings of the Commission pursuant to section 4203 and such additional meetings of the Commission as the Chairman may call or as may be requested in writing by at least three Commissioners; “(2) appoint, fix the compensation of, assign, and supervise all personnel employed by the Commission except that— “(A) the appointment of any hearing examiner shall be subject to approval of the Commission within the first year of such hearing examiner’s employment; and “(B) regional Commissioners shall appoint and supervise such personnel employed regularly and full time in their respective regions as are compensated at a rate up to and including grade 9 of the General Schedule pay rates (5 U.S.C 5332);

5 USC 5332 note.

 “(3) assign duties among officers and employees of the Commission, including Commissioners, so as to balance the workload and provide for orderly administration; “(4) direct the preparation of requests for appropriations for the Commission, and the use of funds made available to the Commission; “(5) designate three Commissioners to serve on the National Appeals Board of whom one shall be so designated to serve as vice chairman of the Commission (who shall act as Chairman of the Commission in the absence or disability of the Chairman or in the event of the vacancy of the Chairmanship), and designate for each such region established pursuant to section 4203, one Commissioner to serve as regional Commissioner in each such region; except that in each such designation the Chairman shall consider years of service, personal preference and fitness, and no such designation shall take effect unless concurred in by the President, or his designee; “(6) serve as spokesman for the Commission and report

Report to Congress.

annually to each House of Congress on the activities of the Commission; and “(7) exercise such other powers and duties and perform such other functions as may be necessary to carry out the purposes of this chapter or as may be provided under any other provision of law. “(b) The Chairman shall have the power to— “(1) without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), enter into and perform 90 STAT. 222such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; “(2) accept voluntary and uncompensated services, notwithstanding the provisions of section 3679 of the Revised Statutes of the United States (31 U.S.C. 665(b)); “(3) procure for the Commission temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code; “(4) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the parole process; “(5) carry out programs of research concerning the parole process to develop classification systems which describe types of offenders, and to develop theories and practices which can be applied to the different types of offenders; “(6) publish data concerning the parole process; “(7) devise and conduct, in various geographical locations, seminars, workshops and training programs providing continuing studies and instruction for personnel of Federal, State and local agencies and private and public organizations working with parolees and connected with the parole process; and “(8) utilize the services, equipment, personnel, information, facilities, and instrumentalities with or without reimbursement therefor of other Federal, State, local, and private agencies with their consent. “(c) In carrying out his functions under this section, the Chairman shall be governed by the national parole policies promulgated by the Commission.
Ҥ 4205.

18 USC 4205.

 Time of eligibility for release on parole “(a) Whenever confined and serving a definite term or terms of more than one year, a prisoner shall he eligible for release on parole after serving one-third of such term or terms or after serving ten years of a life sentence or of a sentence of over thirty years, except to the extent otherwise provided by law. “(b) Upon entering a judgment of conviction, the court having jurisdiction to impose sentence, when in its opinion the ends of justice and best interest of the public require that the defendant he sentenced to imprisonment for a term exceeding one year, may (1) designate in the sentence of imprisonment imposed a minimum term at the expiration of which the prisoner shall become eligible for parole, which term may be less than but shall not be more than one-third of the maximum sentence imposed by the court, or (2) the court, may fix the maximum sentence of imprisonment to be served in which event the court may specify that the prisoner may be released on parole at such time as the Commission may determine. “(c) If the court desires more detailed information as a basis for determining the sentence to be imposed, the court may commit the defendant to the custody of the Attorney General, which commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by law, for a study as described in subsection (d) of this section. The results of such study, together with any recommendations which the Director of the Bureau of Prisons believes would be helpful in determining the disposition of the case, shall be furnished to the court within three months unless the court grants time, not to exceed 90 STAT. 223an additional three months, for further study. After receiving such reports and recommendations, the court may in its discretion: (1) place the offender on probation as authorized by section 3651; or (2)

18 USC 3651.

affirm the sentence of imprisonment originally imposed, or reduce the sentence of imprisonment, and commit the offender under any applicable provision of law. The term of the sentence shall run from the date of original commitment under this section. “(d) Upon commitment of a prisoner sentenced to imprisonment

Study and report.

under the provisions of subsections (a) or (b) of this section, the Director, under such regulations as the Attorney General may prescribe, shall cause a complete study to be made of the prisoner and shall furnish to the Commission a summary report together with any recommendations which in his opinion would be helpful In determining the suitability of the prisoner for parole. This report may include but shall not be limited to data regarding the prisoner’s previous delinquency or criminal experience, pertinent circumstances of his social background, his capabilities, his mental and physical health, and such other factors as may be considered pertinent. The Commission may make such other investigation as it may deem necessary. “(e) Upon request of the Commission, it shall be the duty of the various probation officers and government bureaus and agencies to furnish the Commission information available to such officer, bureau, or agency, concerning any eligible prisoner or parolee and whenever not incompatible with the public interest, their views and recommendation with respect to any matter within the jurisdiction of the Commission. “(f) Any prisoner sentenced to imprisonment for a term or terms of not less than six months but not more than one year shall be released at the expiration of such sentence Jess good time deductions provided by law, unless the court which imposed sentence, shall, at the time of sentencing, provide for the prisoner’s release as if on parole after service of one-third of such term or terms notwithstanding the provisions of Section 4164. This subsection shall not prevent delivery

18 USC 4164.

of any person released on parole, to the authorities of any State otherwise entitled to his custody. “(g) At any time upon motion of the Bureau of Prisons, the court may reduce any minimum term to the time the defendant has served. The court shall have jurisdiction to act upon the application at any time and no hearing shall be required. “(h) Nothing in this chapter shall be construed to provide that any prisoner shall be eligible for release on parole if such prisoner is ineligible for such release under any other provision of law.
Ҥ 4206.

18 USC 4206.

 Parole determination criteria “(a) If an eligible prisoner has substantially observed the rules of the institution or institutions to which he has been confined, and if the Commission, upon consideration of the nature and circumstances of the offense and the history and characteristics of the prisoner, determines: “(1) that release would not depreciate the seriousness of his offense or promote disrespect for the law; and “(2) that release would not jeopardize the public welfare; subject to the provisions of subsections (b) and (c) of this section, and pursuant to guidelines promulgated by the Commission pursuant to section 4203(a)(1), such prisoner shall be released. “(b) The Commission shall furnish the eligible prisoner with a

Written notice.

written notice of its determination not later than twenty-one days, 90 STAT. 224excluding holidays, after the date of the parole determination proceeding. If parole is denied such notice shall state with particularity the reasons for such denial. “(c) The Commission may grant or deny release, on parole notwithstanding the guidelines referred to in subsection (a) of this section if it determines there is good cause for so doing: Provided, That the prisoner is furnished written notice stating with particularity the reasons for its determination, including a summary of the information relied upon. “(d) Any prisoner, serving a sentence of five years or longer, who is not earlier released under this section or any other applicable provision of law, shall be released on parole after having served two-thirds of each consecutive term or terms’ or after serving thirty years of each consecutive term or terms of more than forty-five years including any life term, whichever is earlier: Provided, however, That the Commission shall not release, such prisoner if it determines that he has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime.
Ҥ 4207.

18 USC 4207.

 Information considered “In making a determination under this chapter (relating to release on parole) the Commission shall consider, if available and relevant: “(1) reports and recommendations which the staff of the facility in which such prisoner is confined may make; “(2) official reports of the prisoner’s prior criminal record, including a report or record of earlier probation and parole experiences; “(3) presentence investigation reports; “(4) recommendations regarding the prisoner’s parole made at the time of sentencing by the sentencing judge; and “(5) reports of physical, mental, or psychiatric examination of the offender. There shall also be taken into consideration such additional relevant information concerning the prisoner (including information submitted by the prisoner) as may be reasonably available.
Ҥ 4208.

18 USC 4208.

 Parole determination proceeding; time “(a) In making a determination under this chapter (relating to parole) the Commission shall conduct a parole determination proceeding unless it determines on the basis of the prisoner’s record that the prisoner will be released on parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant to subsections (a) and (b)(1) of section 4205 shall be held not later than thirty days before the date of such eligibility for parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant, to subsection (b)(2) of section 4205 or released on parole and whose parole has been revoked shall be held not later than one hundred and twenty days following such prisoner’s imprisonment or reimprisonment in a Federal institution,

Waiver.

as the case may be. An eligible prisoner may knowingly and intelligently waive any proceeding. “(b)

Written notice; report.

 At least thirty days prior to any parole determination proceeding, the prisoner shall be provided with (1) written notice of the time and place of the proceeding, and (2) reasonable access to a report or other document to be used by the Commission in making its determination.

Waiver.

A prisoner may waive such notice, except that if notice is not waived the proceeding shall be held during the next regularly 90 STAT. 225scheduled proceedings by the Commission at the institution in which tire prisoner is confined. “(c) Subparagraph (2) of subsection (b) shall not apply to— “(1) diagnostic opinions which, if made known to the eligible prisoner, could lead to u serious disruption of his institutional program; “(2) any document which reveals sources of information obtained upon a promise of confidentiality; or “(3) any other information which, if disclosed, might result in harm, physical or otherwise, to any person. If any document is deemed by either the Commission, the Bureau of Prisons, or any other agency to fall within the exclusionary provisions of subparagraphs (1), (2), or (3) of this subsection, then it shall become the duty of the Commission, the Bureau, or such other agency, as the case may be, to summarize the basic contents of the material withheld, bearing in mind the need for confidentiality or the impact on the inmate, or both, and furnish such summary to the inmate. “(d) (1) During the period prior to the parole determination proceeding as provided in subsection (b) of this section, a prisoner may consult, as provided by the director, with a representative as referred to in subparagraph (2) of this subsection, and by mail or otherwise with any person concerning such proceeding. “(2) 1 be prisoner shall, if he chooses, be represented at the parole determination proceeding by a representative who qualifies under rules and regulations promulgated by the Commission. Such rules shall not exclude attorneys as a class. “(e) The prisoner shall be allowed to appear and testify on his own behalf at the parole determination proceeding. “(f) A full and complete record of every proceeding shall be

Record retention.

retained by the Commission. Upon request, the Commission shall make available to any eligible prisoner such record as the Commission may retain of the proceeding. “(g) If parole is denied, a personal conference to explain the

Parole denial, conference.

reasons for such denial shall he held, if feasible, between the prisoner and the Commissioners or examiners conducting the proceeding at the conclusion of the proceeding. When feasible, the conference shall include, advice to the prisoner as to what steps may be taken to enhance his chance of being released at a subsequent proceeding. “(h) In any case in which release on parole is not granted, subsequent parole determination proceedings shall be held not less frequently than: “(1) eighteen months in the case, of a prisoner with a term or terms of more than one year but less than seven years; and “(2) twenty-four months in the case of a prisoner with a term or terms of seven years or longer.
Ҥ 1209.

18 USC 4209.

 Conditions of parole “(a) In every case, the Commission shall impose as a condition of parole that the parolee not commit another Federal, State, or local crime. The Commission may impose or modify other conditions of parole to the extent that such conditions are reasonably related to— “(1) the nature and circumstances of the offense; and “(2) the history and characteristics of the parolee; and may provide for such supervision and other limitations as are reasonable to protect the public welfare. “(b) The conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a certificate setting forth the conditions of his 90 STAT. 226parole. An effort shall be made to make certain that the parolee understands the conditions of his parole. “(c) Release on parole or release as if on parole may as a condition of such release require— “(1) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; “(2)

18 USC 4251.

 a parolee, who is an addict within the meaning of section 4251(a), or a drug dependent person within the meaning of section 2(q) of the Public Health Service Act, as amended (42 U.S.C. 201), to participate in the community supervision programs

18 USC 4255.

authorized by section 4255 for all or part of the period of parole. A parolee residing in a residential community treatment center pursuant to subparagraph (1) or (2) of this subsection, may be required to pay such costs incident to residence as the Commission deems appropriate. “(d) (1) The Commission may modify conditions of parole pursuant to this section on its own motion, or on the motion of a United States probation officer supervising a parolee: Provided, That the parolee receives notice of such action and has ten days after receipt of such notice to express his views on the proposed modification. Following such ten-day period, the Commission shall have twenty-one days, exclusive of holidays, to act upon such motion or application. “(2)

Petition.

 A parolee may petition the Commission on his own behalf for a modification of conditions pursuant to this section. “(3) The provisions of this subsection shall not apply to modifications of parole conditions pursuant to a revocation proceeding under section 4214.
Ҥ 4210.

18 USC 4210.

 Jurisdiction of Commission “(a) A parolee shall remain in the legal custody and under the control of the Attorney General, until the expiration of the maximum term or terms for which such parolee was sentenced. “(b) Except as otherwise provided in this section, the jurisdiction of the Commission over the parolee shall terminate no later than the date of the expiration of the maximum term or terms for which he was sentenced, except that— “(1) such jurisdiction shall terminate at an earlier date to the extent provided under section 4164 (relating to mandatory release) or section 4211 (relating to early termination of parole supervision), and “(2) in the case of a parolee who has been convicted of a Federal. State, or local crime committed subsequent to his release on parole, and such crime is punishable by a term of imprisonment, detention or incarceration in any penal facility, the Commission shall determine, in accordance with the provisions of section 1214 (b) or (c), whether all or any part of the unexpired term being served at the time of parole shall run concurrently or consecutively with the sentence imposed for the new offense, but in no ease shall such service together with such time as the parolee has previously served in connection with the offense for which he was paroled, be longer than the maximum term for which he was sentenced in connection with such offense. “(c) In the case of any parolee found to have intentionally refused or failed to respond to any reasonable request, order, summons, or warrant of the Commission or any member or agent thereof, the jurisdiction of the Commission may be extended for the period during which the parolee so refused or failed to respond. 90 STAT. 227 “(d) The parole of any parolee shall run concurrently with the period of parole or probation under any other Federal, State, or local sentence. “(e) The parole of any prisoner sentenced before June 29, 1932, shall be for the remainder of the term or terms specified in his sentence, less good time allowances provided by law. “(f) Upon the termination of the jurisdiction of the Commission over any parolee, the Commission shall issue a certificate of discharge to such parolee and to such other agencies as it may determine.
Ҥ 4211.

18 USC 4211.

 Early termination of parole “(a) Upon its own motion or upon request of the parolee, the Commission may terminate, supervision over a parolee prior to the termination of jurisdiction under section 4210. “(b) Two years after each parolee’s release on parole, and at least

Review.

annually thereafter, the Commission shall review the status of the parolee to determine the need for continued supervision. In calculating such two-year period there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. “(c) (1) Five years after each parolee’s release on parole, the Commission shall terminate supervision over such parolee unless it is determined, after a hearing conducted in accordance with the procedures prescribed in section 4214(a)(2), that such supervision should not be terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. “(2) If supervision is not terminated wider subparagraph (1) of this subsection the parolee may request a hearing annually thereafter, and a hearing, with procedures as provided in subparagraph (1) of this subsection shall be conducted with respect to such termination of supervision not less frequently than biennially. “(3) In calculating the five-year period referred to in subparagraph (1), there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence.
Ҥ 4212.

18 USC 4212.

 Aliens

“When an alien prisoner subject to deportation becomes eligible for parole, the Commission may authorize the release of such prisoner on condition that such person be deported and remain outside the United States.

“Such prisoner when his parole becomes effective, shall be delivered to the duly authorized immigration official for deportation.
Ҥ 4213.

18 USC 4213.

 Summons to appear or warrant for retaking of parolee “(a) If any parolee is alleged to have violated his parole, the Commission may— “(1) summon such parolee to appear at a hearing conducted pursuant to section 4214; or “(2) issue a warrant and retake the parolee us provided in this section. “(b) Any summons or warrant issued under this section shall be issued by the Commission as soon as practicable after discovery of the alleged violation, except when delay is deemed necessary. Imprisonment in an institution shall not be deemed grounds for delay of such issuance, except that, in the case of any parolee charged with a criminal offense, issuance of a summons or warrant may be suspended pending disposition of the charge. 90 STAT. 228 “(c) Any summons or warrant issued pursuant to this section shall provide the parolee with written notice of— “(1) the conditions of parole he is alleged to have violated as provided under section 4209; “(2) his rights under this chapter; and “(3) the possible action which may be taken by the Commission. “(d) Any officer of any Federal penal or correctional institution, or any Federal officer authorized to serve criminal process within the United States, to whom a warrant issued under this section is delivered, shall execute such warrant by taking such parolee and returning him to the custody of the regional commissioner, or to the custody of the Attorney General, if the Commission shall so direct.
Ҥ 4214.

18 USC 4214.

 Revocation of parole “(a) (1) Except as provided in subsections (b) and (c), any alleged parole violator summoned or retaken under section 4213 shall be accorded the opportunity to have— “(A)

Hearing.

 a preliminary hearing at or reasonably near the place of the alleged parole violation or arrest, without unnecessary delay, to determine if there is probable cause to believe that he has violated a condition of his parole: and upon a finding of probable cause a digest shall be prepared by the Commission setting forth in writing the factors considered and the reasons for the decision, a copy of which shall be given to the parolee within a reasonable period of time; except that after a finding of probable cause the Commission may restore any parolee to parole supervision if: “(i) continuation of revocation proceedings is not warranted; or “(ii) incarceration of the parolee pending further revocation proceedings is not warranted by the alleged frequency or seriousness of such violation or violations; “(iii) the parolee is not likely to fail to appear for further proceedings; and “(iv) the parolee does not constitute a danger to himself or others. “(B) upon a finding of probable cause under subparagraph (1)(A), a revocation hearing at or reasonably near the place of the alleged parole violation or arrest within sixty days of such determination of probable cause except that a revocation hearing may be held at the same time and place set for the preliminary hearing. “(2)

Hearing.

 Hearings held pursuant to subparagraph (1) of this subsection shall be conducted by the Commission in accordance with the following procedures: “(A) notice to the parolee, of the conditions of parole alleged to have been violated, and the time, place, and purposes of the scheduled hearing; “(B) opportunity for the parolee to be represented by an attorney (retained by the parolee, or if he is financially unable to retain

18 USC 3006A.

counsel, counsel shall be provided pursuant to section 3006A) or, if he so chooses, a representative as provided by rules and regulations, unless the parolee knowingly and intelligently waives such representation. “(C) opportunity for the parolee to appear and testify, and present witnesses and relevant evidence on his own behalf; and “(D) opportunity for the parolee to be apprised of the evidence against him and, it he so requests, to confront and cross-examine 90 STAT. 229adverb witnesses, unless the Commission specifically finds substantial reason for not so allowing. For the purposes of subparagraph (i) of this subsection, the Commission

Subpena.

 may subpena witnesses and evidence, and pay witness fees as established for the courts of the United States. If a person refuses to obey such a subpena, the Commission may petition a court of the United States for the judicial district in which such parole proceeding is being conducted, or in which such person may be found, to request such person to attend, testify, and produce evidence. The court may issue an order requiring such person to appear before the Commission, when the court finds such information, thing, or testimony directly related to a matter with respect to which the Commission is empowered to make a determination under this section. Failure to obey such an order is punishable by such court as a contempt. All process in such a case may be served in the judicial district in which such a parole proceeding is being conducted, or in which such person may be found. “(b) (1) Conviction for a Federal, State, or local crime committed subsequent to release on parole shall constitute probable cause for purposes of subsection (a) of this section. In cases in which a parolee has been convicted of such a crime and is serving a new sentence in an institution, a parole revocation warrant or summons issued pursuant to section 4213 may be placed against him as a detainer. Such

Detainer review.

detainer shall be reviewed by the Commission within one hundred and eighty days of notification to the Commission of placement. The

Notice; application.

parolee shall receive notice of the pending review, have an opportunity to submit a written application containing information relative to the disposition of the detainer, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section to assist him in the preparation of such application. “(2) If the Commission determines that additional information is needed to review a detainer, a dispositional hearing may be held at the institution where the parolee is confined. The parolee shall have notice of such hearing, be allowed to appear end testify on his own behalf, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section. “(3) Following the disposition review, the Commission may: “(A) let the detainer stand; or “(B) withdraw the detainer. “(c) Any alleged parole violator who is summoned or retaken by

Revocation hearing.

warrant under section 4213 who knowingly and intelligently waives his right to a hearing under subsection (a) of this section, or who knowingly and intelligently admits violation at a preliminary’ hearing held pursuant to subsection (a)(1)(A) of this section, or who is retaken pursuant to subsection (b) of this section, shall receive a revocation hearing within ninety days of the date of retaking. The Commission may conduct such hearing at the institution to which be has been returned, and the alleged parole violator shall have notice of such hearing, be allowed to appear and testify on Iris own behalf, and, unless waived, shall have counsel or another representative as provided in subsection (a)(2)(B) of this section. “(d) Whenever a parolee is summoned or retaken pursuant to section 4213, and the Commission finds pursuant to the procedures of this section and by a preponderance of the evidence that the parolee has violated a condition of his parole the Commission may take any of the following actions: “(1) restore the parolee to supervision; “(2) reprimand the parolee; 90 STAT. 230 “(3) modify the parolee’s conditions of the parole; “(4) refer the parolee to a residential community treatment center for all or part of the remainder of his original sentence; or “(5) formally revoke parole or release as if on parole pursuant to this title. The Commission may take any such action provided it has taken into consideration whether or not the parolee has been convicted of any Federal, State, or local crime subsequent to his release on parole, and the seriousness thereof, or whether such action is warranted by the frequency or seriousness of the parolee’s violation of any other condition or conditions of his parole. “(e)

Notice.

 The Commission shall furnish the parolee with a written notice of its determination not later than twenty-one days, excluding holidays, after the date of the revocation hearing. If parole is revoked, a digest shall be prepared by the Commission setting forth in writing the factors considered and reasons for such action, a copy of which shall be given to the parolee.
Ҥ 4215.

18 USC 4215.

 Reconsideration and appeal “(a) Whenever parole release is denied under section 4206, parole conditions are imposed or modified under section 4209, parole discharge is denied under section 4211(c), or parole is modified or revoked under section 4214, the individual to whom any such decision applies may have the decision reconsidered by submitting a written application to the regional commissioner not later than thirty days following the date on which the decision is rendered. The regional commissioner, upon receipt of such application, must act pursuant to rides and regulations within thirty days to reaffirm, modify, or reverse his original decision and shall inform the applicant in writing of the decision and the reasons therefor. “(b) Any decision made pursuant to subsection (a) of this section which is adverse to the applicant for reconsideration may be appealed by such individual to the National Appeals Board by submitting a written notice of appeal not later than thirty days following the elate on which such decision is rendered. The National Appeals Board, upon receipt of the appellant’s papers, must act pursuant to rules and regulations within sixty days to reaffirm, modify, or reverse the decision and shall inform the appellant in writing of the decision and the reasons therefor. “(c) The National Appeals Board may review any decision of a regional commissioner upon the written request of the Attorney General filed not later than thirty days following the decision and, by majority vote, shall reaffirm, modify, or reverse the decision within sixty days of the receipt of the Attorney General’s request. The Board shall inform the Attorney General and the individual to whom the decision applies in writing of its decision and the reasons therefor.
Ҥ 4216.

18 USC 4216.

 Young adult offenders “In the case of a defendant who has attained his twenty-second birthday but has not attained his twenty-sixth birthday at the time of conviction, if, after taking into consideration the previous record of the defendant as to delinquency or criminal experience, his social background, capabilities, mental and physical health, and such other factors as may be considered pertinent, the court finds that there are reasonable grounds to believe that the defendant will benefit from the treatment provided under the Federal Youth Corrections Act (18

18 USC 5005 et seq.

U.S.C., chap. 402) sentence may be imposed pursuant to the provisions of such Act.
90 STAT. 231
Ҥ 4217.

18 USC 4217.

 Warrants to retake Canal Zone parole violators “An officer of a Federal penal oi‘ correctional institution, or a Federal officer authorized to serve criminal process within the United States, to whom a warrant issued by the Governor of the Canal Zone for the retaking of a parole violator is delivered, shall execute the warrant by taking the prisoner and holding him for delivery to a representative of the Governor of the Canal Zone for return to the Canal Zone.
Ҥ 4218.

18 USC 4218.

 Applicability of Administrative Procedure Act “(a) For purposes of the provisions of chapter 5 of title 5, United States Code, other than sections 554, 555,556, and 557, the Commission

5 USC 500 et seq.

is an ‘agency’ as defined in such chapter. “(b) For purposes of subsection (a) of this section, section 553(b)(3)(A) of title 5, United States Code, relating to rulemaking shall be deemed not to include the phrase ‘general statements of policy’. “(c) To the extent that actions of the Commission pursuant to section 4203(a)(1) arc not in accord with the provisions of section 553 of title 5, United States Code, they shall be reviewable in accordance with the provisions of sections 701 through 706 of title 5, United States Code. “(d) Actions of the Commission pursuant to paragraphs (1), (2), and (3) of section 4263(b) shall be considered actions committed to agency discretion for purposes of section 701 (a)(2) of title 5, United States Code.”.
Sec. 3. Section 5005 of title 18, United States Code, is amended to read as follows:
“§ 5005. Youth correction decisions “The Commission and, where appropriate, its authorized representatives as provided in section 1203(e), may grant or deny any application

Ante, p. 220.

or recommendation for conditional release, or modify or revoke any order of conditional release, of any person sentenced pursuant to this chapter, and perform such other duties and responsibilities as may be required by law. Except as otherwise provided, decisions of the Commission shall be made in accordance with the procedures set out in chapter 311 of this title.”.

18 USC 4201 et seq.
Sec. 4. Section 5006 of title 18, United States Code, is amended to read as follows:
“§ 5006. Definitions “As used in this chapter— “(a) ‘Commission’ means the United States Parole Commission; “(b) ‘Bureau’ means the Bureau of Prisons; “(c) ‘Director’ means the Director of the Bureau of Prisons; “(d) ‘youth offender’ means a person under the age of twenty-two years at the time of conviction: “(e) ‘committed youth offender’ is one committed for treatment hereunder to the custody of the Attorney General pursuant to sections 5010(b) and 5010(c) of this chapter; “(f) ‘treatment’ means correct!ve and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youth offenders; and “(g) ‘conviction’ means the judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.”.
Sec. 5. Sections 5007, 5008, and 5000 of title 18, United States Code,

Repeal.

are repealed.
Sec. 6. Section 5014 of title 18, United States Code, is amended to read as follows: 90 STAT. 232
Ҥ 5014.

18 USC 5014.

 Classification studies and reports “The Director shall provide classification centers and agencies. Every committed youth offender shall first be sent to a classification center or agency. The classification center or agency shall make a complete study of each committed youth offender, including a mental and physical examination, to ascertain his personal traits, his capabilities, pertinent circumstances of his school, family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to his delinquency. In the absence of exceptional circumstances, such study shall be completed within a period of thirty days. The agency shall promptly forward to the Director and to the Commission a report of its findings with respect to the youth offender and its recommendations as to his treatment. As soon as practicable after commitment, the youth offender shall receive a parole interview.”.
Sec. 7. Section 5017(a) of title 18, United States Code, is amended to read as follows: “(a) The Commission may at any time after reasonable notice to the Director release conditionally under supervision a committed youth

Ante, p. 223.

offender in accordance with the provisions of section 4206 of this title. When, in the judgment of the Director, a committed youth offender should be released conditionally under supervision he shall so report and recommend to the Commission.”.
Sec. 8. Section 5020 of title 18, United States Code, is amended to read as follows:
“§ 5020. Apprehension of released offenders “If, at any time before the unconditional discharge of a committed youth offender, the Commission is of the opinion that such youth offender will be benefited by further treatment in an institution or other facility the Commission may direct his return to custody or if necessary may issue a warrant for the apprehension and return to custody of such youthful offender and cause such warrant to be executed by a United States probation officer, an appointed supervisory agent, a United States marshal, or any officer of a Federal penal or correctional institution. Upon return to custody, such youth offender shall be given a revocation bearing by the Commission.”.
Sec. 9.

18 USC 5005 et seq.

 Chapter 402 of title 18, United States Code, is amended by deleting the term “division” whenever it appears therein and inserting in lieu thereof the word “Commission”.
Sec. 10. The table of sections for chapter 402 of title 18, United States Code, is amended to read as follows: “Sec. “5005. “5006. “5010. “5011. “5012. “5013. “5014. “5015. “5016. “5017. “5018. “5019. “5020. “5021. “5022. “5023. “5024. “5025. “5026.
90 STAT. 233
Sec. 11. Section 5041 of title 18, United States Code, is amended to read as follows:
“§ 5041. Parole “A juvenile delinquent who has been committed may be released on parole at any time under such conditions and regulations as the United State Parole Commission deems proper in accordance with the provisions in section 4206 of this title.”.

Ante, p. 223.

18 USC 4202 note.
Sec. 12. Whenever in any of the laws of the United States or the District of Columbia the term “United States Parole Board”, or any other term referring thereto, is used, such term or terms, on and after the date of the effective date of this Act, shall be deemed to refer to the United States Parole Commission as established by the amendments made by this Act.
Sec. 13. Section 5108(c)(7) of title 5, United States Code, is amended to read as follows: “(7) the Attorney General, without regard to any other provision of this section, may place a total of ten positions of warden in the Bureau of Prisons In GS–16;”.

5 USC 5332 note.
Sec. 14. Section 3655 of title 18, United States Code, relating to duties of probation officers, is amended by striking out “Attorney General” in the last sentence and inserting in lieu thereof “United States Parole Commission”.
Sec. 15. There is hereby authorized to be appropriated such sums as

Appropriation authorization.

are necessary to carry out the purposes of the amendments made by this Act.
Sec. 16. (a) Them are hereby transferred to the Chairman of the

Transfer of personnel and property.

18 USC 4202 note.

United States Parole Commission, all personnel, liabilities, contracts, property and records as are employed, held, used, arising from, available or to be made available of the linked States Board of Parole with respect to all functions, powers, and duties transferred by this Act to the United States Parole Commission. (b) This Act shall take effect sixty days after the date of enactment,

Effective date.

18 USC 4201 note.

18 USC 4202 note.

except that the provisions of section 4208(h) of this Act shall take effect one hundred twenty days after the date of enactment. (c) Each person holding office as a member of the United States Board of Parole on the day before the effective date of the Parole Commission and Reorganization Act shall be a Commissioner whose term as such shall expire on the date of the expiration of the term for which such person was appointed as a member of the Board of Parole. (d) For the purpose of section 4202 of title 18, United States Code,

18 USC 4202 note.

service by an individual as a member of the United States Board of Parole shall not constitute service as a Commissioner.
Approved March 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–184 (Comm. on the Judiciary) and No. 94–838 (Comm. of Conference). SENATE REPORTS: No. 94–369 (Comm. on the Judiciary) and No. 94–648 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): May 21, considered and passed House.

Sept. 16, considered and passed Senate, amended.

Vol. 122 (1976): Mar. 2, Senate agreed to conference report.

Mar. 3, House agreed to conference report.

 Public Law 94–234: To authorize the Secretary of Transportation tn release restrictions on the use of certain property conveyed to the city of Camden, Arkansas, for airport purposes. Public Law 234 Public Law 94–234 90 Stat. 234 1976-03-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 234 Public Law 94–234 94th Congress
An Act To authorize the Secretary of Transportation tn release restrictions on the use of certain property conveyed to the city of Camden, Arkansas, for airport purposes.

Mar. 17, 1976

[H.R. 8508]

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

Camden, Ark. Airport property restrictions, release.

49 USC 1716.
That, notwithstanding section 16 of the Federal Airport Act (as in effect on August 5, 1954), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated August 5, 1954, under which the United States conveyed certain property to the city of Camden, Arkansas, for airport purposes.
Sec. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Camden, Arkansas, shall agree that in conveying any interest, in the property which the United States conveyed to the city by deed dated August, 5, 1954 the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport.
Approved March 17, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–830 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 17, considered and passed House.

Mar, 5, considered and passed Senate.

 Public Law 94–235: To establish the Chickasaw National Recreation Area in the Stale of Oklahoma, and for other purposes. Public Law 235 Public Law 94–235 90 Stat. 235 1976-03-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 235 Public Law 94–235 94th Congress
An Act To establish the Chickasaw National Recreation Area in the Stale of Oklahoma, and for other purposes.

Mar. 17, 1976

[H.R. 4979]

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

Chickasaw National Recreation Area.

Okla.

Establishment.

16 USC 460hh.

provide for public outdoor recreation use and enjoyment of Arbuckle Reservoir and hind adjacent thereto, and to provide for more efficient administration of other adjacent area containing scenic, scientific, natural, and historic values contributing to public enjoyment of the area and to designate the area in such manner as will constitute a fitting memorialization of the Chickasaw Indian Nation, there is hereby established the Chickasaw National Recreation Area (hereinafter referred to as the “recreation area”) consisting of lands and interests in hinds within the urea as generally depicted on the drawing entitled “Boundary Map, Chickasaw National Recreation Area,” numbered 107–2(100–1—A and dated February 1974, which shall be on file mid available for inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereinafter

Publication in Federal Register.

referred to as the “Secretary”) may from time to time revise the boundaries of the recreation area by publication of a map or other boundary description in the Federal Register, but the total acreage of the recreation area may not exceed ten thousand acres.
Sec. 2. (a) The Secretary may acquire land or interests in lands

Land acquisition.

16 USC 460hh–1.

within the boundaries of the recreation area by donation, purchase with donated or appropriated funds, or exchange. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries, and any land so acquired and not utilized for exchange shall be reported to the Genera! Services Administration for disposal under (he Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended. Any Federal property

40 USC 471 note.

located within the boundaries of the recreation area may be transferred with-out consideration to the administrative jurisdiction of the Secretary for the purposes of the recreation area. Lands within the boundaries of the recreation area owned by the State of Oklahoma, or any political subdivision thereof, may be acquired only by donation: Provided, That the Secretary may also acquire lands by exchange with the city of Sulphur, utilizing therefor only such lands as may be excluded from the recreation area which were formerly within the Platt National Park. (b) With respect to improved residential property acquired for

Residential property.

the purposes of this Act, which is beneficially owned by a natural person and which the Secretary determines can be continued in that use for a limited period of time without undue interference with the administration, development, or public use of the recreation area, the owner thereof may on the date of its acquisition by the Secretary retain a right of use and occupancy of the property for noncommercial residential purposes for a term, as the owner may elect, ending either (1) at the death of the owner or his spouse, whichever 90 STAT. 236occurs later or (2) not more than twenty-five year’s from the date of acquisition. Any right so retained may, during its existence, be transferred or assigned. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner. (c)

“Improved residential property.”

 As used in this Act, “improved residential property” means a single-family year-round dwelling, the construction of which began before March 1, 1975, and which serves as the owner’s permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of hind on which the dwelling and appurtenant buildings are located that the Secretary finds is reasonably necessary for the owners continued use and occupancy of the dwelling: Provided, That the Secretary may exclude from improved residential property any waters and adjoining land that the Secretary deems is necessary tor public access to such waters. (d) The Secretary may terminate a right-to use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of the Act, and upon tender to the holder of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
Sec. 3.

Hunting and fishing.

16 USC 460hh–2.

 The Secretary shall permit hunting and fishing on lands and waters within the recreation area in accordance with applicable Federal and State laws: Prodded, That he may designate zones where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary pursuant to this section skull be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities.
Sec. 4.

Administration.

16 USC 460hh–3.

 (a) Except as otherwise provided in this Act, the Secretary shall administer the recreation area in accordance with the provisions of the Act, of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), as amended and supplemented. (b) Nothing contained in this Act shall affect or interfere with the authority of the Secretary by the Act of August 24, 1962 (76 Stat. 395), to operate the Arbuckle Dam and Reservoir in accordance with and for the purposes set forth in that Act.
Sec. 5.

Repeal.

16 USC 460hh–4.

 The Act of June 29, 1906 (34 Stat. 837), which directed that certain lands now included by this Act in the recreation area be designated as the Platt National Park, is hereby repealed, and such lands shall hereafter be considered and known as an integral part of the Chickasaw National Recreation Area: Provided, That within such area the Secretary may cause to be erected suitable markers or plaques to honor the memory of Orville Hitchcock Platt and to commemorate the original establishment of Platt National Park.
Sec. 6.

Publication in Federal Register.

16 USC 460hh–5.

 Notwithstanding the provisions of section 7 of the Act of June 16, 1906 (34 Stat. 272), which retain exclusive jurisdiction in the United States, upon notification in writing to the Secretary by the appropriate State officials of the acceptance by the State of Oklahoma of concurrent legislative jurisdiction over the lands formerly within the Platt National Park, the Secretary shall publish a notice to that effect in the Federal Register and, upon such publication, concurrent legislative jurisdiction over such lands is hereby ceded to the State of Oklahoma: Provided, That such cession of jurisdiction shall not occur until a written agreement has been reached between the State of Oklahoma and the Secretary providing for the exercise of concurrent 90 STAT. 237jurisdiction over all other lands and waters within the Chickasaw National Recreation Area.
Sec. 7. There are hereby authorized to be appropriated such sums

Appropriation authorization.

16 USC 460hh–6.

as may be necessary to carry out the purposes of this Act, but not to exceed $1,600,000 for the acquisition of lands and interests in lands, and $4,567,000 for development.
Approved March 17, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–803 (Comm. on Interior and Insular Affairs). SENATE REPORTS No. 94–678 (Comm. on interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 2, considered and passed House.

Mar. 5, considered and passed Senate.

 Public Law 94–236: Relating to the application of certain provisions of the Internal Revenue Code of 1954 to specified transactions by certain public employee retirement systems created by the State of New York or any of its political subdivisions. Public Law 236 Public Law 94–236 90 Stat. 238 1976-03-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 238 Public Law 94–236 94th Congress
An Act Relating to the application of certain provisions of the Internal Revenue Code of 1954 to specified transactions by certain public employee retirement systems created by the State of New York or any of its political subdivisions.

Mar. 19, 1976

[H.R. 11700]

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

New York.

Public employee retirement systems.
That (a) any pension plan or trust which, on December 5, 1975, was a party to the amended and restated agreement of November 26, 1975, set forth on S21308, S21309, and S21310 of the Congressional Record published on such date, and any trust forming a part of such a plan, shall not be considered to fail to satisfy the requirements of section 401 (a) of the

26 USC 401.

 Internal Revenue Code of 1954, and shall not be considered to have engaged in a prohibited transaction described in section 503(b) of such

26 USC 503.

Code, merely because, such plan or trust does any or all of the following: (1) (A) enters into such agreement or agrees to an amendment of such agreement; (B) forebears from any act prohibited by such agreement; (C) acquires or holds any obligation the acquisition or holding of which is provided for by such agreement; (D) makes any election provided for by such agreement; (E) executes a waiver of any requirement of such agreement; (F) after the expiration of such agreement, holds any obligation acquired or held pursuant to such agreement; or (G) performs any other act provided for by such agreement; (2) on or after August 20, 1975, and before January 1, 1979, considers, for purposes of determining investments to be made by the plan or trust, the extent to which such investments will— (A) maintain the ability of the city of New York— (i) to make future contributions to the plan or trust, and (ii) to satisfy its future obligations to pay pension and retirement benefits to members and beneficiaries of such plan or trust, and (B) protect the sources of funds to provide retirement benefits for members and beneficiaries of the plan or trust; or (3) after December 31, 1978, considers, for purposes of determining whether to retain investments held on December 31, 1978, the factors enumerated in paragraph (2). For purposes of paragraph (1), the acquisition or holding of any obligation of the Municipal Assistance Corporation for the city of New York on or after August 20, 1975, and before November 26, 1975, shall be considered an acquisition or holding provided for by such agreement. (b) In the case of— (1) any amendment to the agreement described in subsection (a) which relates to the application of the factors set forth in subsection (a) to the requirements of section 401(a) or 503(b) of the Internal Revenue Code of 1954 and which is adopted after December 5, 1975, and 90 STAT. 239 (2) any waiver of any requirement of the agreement by a plan

Waiver.

 or trust after December 5, 1975, such amendment or waiver shall take effect, for purposes of subsection (a) on the date on which a copy of such amendment or waiver is submitted directly to the Secretary of the Treasury; except that, if the Secretary determines, not later than 30 days after such date of submission (or, if later, the date of the enactment of this Act) that the taking effect of such amendment or waiver for purposes of subsection (a) is inconsistent with the considerations set forth in subsection (a)(2), such amendment or waiver shall not be deemed to have been effective for any period for purposes of subsection (a). No amendment to the agreement which has the effect of extending the expiration date of the agreement to a date later than December 31, 1978, shall take effect for purposes of subsection (a). (c) The trustees of each pension plan or trust described in subsection

Report to Secretary of the Treasury.

(a) shall furnish a copy of the annual report filed by such plan or trust with the New York State Insurance Department for each fiscal year of the plan or trust beginning after June 30, 1975, and ending with the first fiscal year in which there are no obligations with respect to which subsection (a) applies, to the Secretary of the Treasury not later than 30 days after the date such report is filed with the New York State Insurance Department, and shall furnish such additional reports and other information as the Secretary of the Treasury may reasonably require. A copy of each such report shall be furnished by the Secretary of the Treasury to the chairman of the Committee on Ways and Means of the House of Representatives and the chairman of the Committee on Finance of the Senate. (d) The Secretary of the Treasury or his delegate is authorized to

Regulations.

prescribe such regulations as may be necessary to carry out the purposes of this Act. (e) This Act shall be effective on and after August 20, 1975.

Effective date.
Approved March 19, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–851 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 1, considered and passed House.

Mar. 4, considered and passed Senate.

 Public Law 94–237: To amend the Drug Abuse Office and Treatment Act of 1972, and for other purposes. Public Law 237 Public Law 94–237 90 Stat. 241 1976-03-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 241 Public Law 94–237 94th Congress
An Act To amend the Drug Abuse Office and Treatment Act of 1972, and for other purposes.

Mar. 19, 1976

[S. 2017]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 101 (21

Drug Abuse Office and Treatment Act of 1972, amendments.

U.S.C. 1101) of the Drug Abuse Office and Treatment Act of 1972 (hereinafter in this Act referred to as the “Act”) is amended by adding at the end thereof the following new paragraph: “(10) Although the Congress observed a significant apparent reduction in the rate of increase of drug abuse during the three-year period subsequent to the date of enactment of this Act, and in certain areas of the country apparent temporary reductions in its incidence, the increase and spread of heroin consumption since 1974, and the continuing abuse of other dangerous drugs, clearly indicate the need for effective, ongoing, and highly visible Federal leadership in the formation and execution of a comprehensive, coordinated drug abuse policy.”.
Sec. 2. Section 102 of the Act (21 U.S.C. 1102) is amended by striking “immediate objective of significantly reducing the incidence of drug abuse in the United States within the shortest possible period of time, and to develop” and inserting in lieu thereof “objective of significantly reducing the incidence, as well as the social and personal costs, of drug abuse in the United States, and to develop and assure the implementation of”.
Sec. 3. Section 103(b) of the Act (21 U.S.C. 1103(b)) is amended by changing “education, training,” to read “education or training (including preventive efforts directed to individuals who are not users of drugs and to individuals who are marginal users of drugs).”.
Sec. 4. (a) Section 103 of the Act is amended by adding at the end

21 USC 1103.

thereof the following new subsection: “(d) The term ‘drug abuse function’ means any function described

“Drug abuse function.”

 in subsection (b) or (c) of this section, or both.”. (b) The Act is amended by inserting after title I the following new title: <num value="II">“TITLE II—</num> <heading class="inline">OFFICE OF DRUG ABUSE POLICY</heading> <toc> <referenceItem role="chapter"><designator>“Chapter</designator> <label></label><target>Sec.</target></referenceItem> <referenceItem role="section"><designator>“1.</designator> <label leaderAlign="right" leaderChar="_">General Provisions</label><target>201</target></referenceItem> <referenceItem role="section"><designator>“2.</designator> <label leaderAlign="right" leaderChar="_">Functions of the Director</label><target>221</target></referenceItem> </toc> <chapter> <num value="1">“Chapter 1.—</num> <heading class="inline">GENERAL PROVISIONS</heading> <toc> <referenceItem role="section"><designator>“Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>“201.</designator> <label>Establishment of Office.</label></referenceItem> <referenceItem role="section"><designator>“202.</designator> <label>Appointment of Director.</label></referenceItem> <referenceItem role="section"><designator>“203.</designator> <label>Appointment of Deputy Director.</label></referenceItem> <referenceItem role="section"><designator>“204.</designator> <label>Delegation.</label></referenceItem> <referenceItem role="section"><designator>“205.</designator> <label>Officers and employees.</label></referenceItem> <referenceItem role="section"><designator>“208.</designator> <label>Employment’ of experts and consultants.</label></referenceItem> <referenceItem role="section"><designator>“207.</designator> <label>Acceptance of uncompensated services.</label></referenceItem> <referenceItem role="section"><designator>“208.</designator> <label>Notice relating to the control of dangerous drugs.</label></referenceItem> <referenceItem role="section"><designator>“209.</designator> <label>Compensation of Director and Deputy Director.</label></referenceItem> <referenceItem role="section"><designator>“210.</designator> <label>Statutory authority unaffected.</label></referenceItem> <referenceItem role="section"><designator>“211.</designator> <label>Appropriations authorized.</label></referenceItem> </toc> <page identifier="/us/stat/90/242">90 STAT. 242</page> <section> <num value="201">“§ 201. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Office of Drug Abuse Policy.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1111">21 USC 1111</ref>.</p></sidenote> <heading class="inline">Establishment of Office</heading> <content> “There is established in the Executive Office of the President an office to be known as the Office of Drug Abuse Policy (hereinafter in this Act referred to as the ‘Office’). The establishment of the Office in the Executive Office of the President shall not be construed as affecting access by the Congress, or committees of either House, (1) to information, documents, and studies in the possession of, or conducted by, the Office or (2) to personnel of the Office.</content> </section> <section> <num value="202">“§ 202. </num> <heading class="inline">Appointment of Director</heading> <content> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1112">21 USC 1112</ref>.</p></sidenote>“The Office shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall not hold office in any other department or agency of the United States, whether on an acting basis or otherwise, except on such occasions as may be appropriate in connection with the performance of such duties as may be assigned to him pursuant to section 222.</content> </section> <section> <num value="203">“§ 203. </num> <heading class="inline">Appointment of Deputy Director</heading> <content> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1113">21 USC 1113</ref>.</p></sidenote>“There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may assign or delegate, and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of Director.</content> </section> <section> <num value="204">“§ 204. </num> <heading class="inline">Delegation</heading> <content> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1114">21 USC 1114</ref>.</p></sidenote>“Unless specifically prohibited by law, the Director may, without being relieved of his responsibility, perform any of his functions or duties or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Office as he may designate.</content> </section> <section> <num value="205">“§ 205. </num> <heading class="inline">Officers and employees</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1115">21 USC 1115</ref>.</p></sidenote> <content class="inline">The Director may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to perform the functions vested in him. At the discretion of the Director, any officer or employee of the Office may be allowed and paid travel expenses, including per diem in lieu of subsistence, in the same manner as is authorized by section 5703 of title 5, United States Code, for individuals employed intermittently.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content class="inline">In addition to the number of positions which may be placed in grades OS–10, GS–17, and GS–18 under section 5108 of title 5, United States Code, and without prejudice to the placement of other positions in the Office in such grades under any authority other than this subsection, not to exceed four positions in the Office may be placed in grades GS–16, GS–17, and GS–18, but in accordance with the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5101">5 USC 5101 <i>et seq</i></ref>.</p></sidenote>standards and procedures prescribed by chapter 51 of such title.</content> </subsection> </section> <section> <num value="206">“§ 206. </num> <heading class="inline">Employment of experts and consultants</heading> <content> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1116">21 USC 1116</ref>.</p></sidenote>“The Director may procure services as authorized by section 3100 of title 5, United States Code, and may pay a rate for such services not in excess of the rate in effect for grade GS–18 of the General <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>Schedule. The Director may employ individuals under this section without regard to any limitation, applicable to services procured under such section 3109, on the number of days or the period of such services, except that, at any one time, not more than six individuals may be employed under this section without regal’d to such limitation.</content> </section> <page identifier="/us/stat/90/243">90 STAT. 243</page> <section> <num value="297">“§ 297. </num> <heading class="inline">Acceptance of uncompensated services</heading> <content>“The Director is authorized to accept and employ in furtherance <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1117">21 USC 1117</ref>.</p></sidenote>of the purpose of this Act voluntary and uncompensated services notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).</content> </section> <section> <num value="208">“§ 208. </num> <heading class="inline">Notice relating to the control of dangerous drugs</heading> <chapeau>“Whenever the Attorney General determines that there is evidence <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1118">21 USC 1118</ref>.</p></sidenote>that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a drug or other substance, which is not a controlled substance (as defined in section 102(6) of the Controlled Substances Act), has a potential for abuse, or<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s802">21 USC 802</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a controlled substance should be transferred or removed from a schedule under section 202 of such Act,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s812">21 USC 812</ref>.</p></sidenote></content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">he shall, prior to initiating any proceeding under section 201(a) of such Act, give the Director timely notice of such determination. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s811">21 USC 811</ref>.</p></sidenote>Information forwarded to the Attorney General pursuant to section 201(f) of such Act, shall also be forwarded by the Secretary of Health, Education, and Welfare to the Director.</continuation> </section> <section> <num value="209">“§ 209. </num> <heading class="inline">Compensation of Director and Deputy Director</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau class="inline">Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="64">“‘(64) </num> <content class="inline">Director of the Office of Drug Abuse Policy.’.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">Paragraph (95) of section 5315 of such title is amended to read <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5315">5 USC 5315</ref>.</p></sidenote>as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="95">“(95) </num> <content class="inline">Deputy Director of the Office of Drug Abuse Policy.’.</content> </paragraph> </subsection> </section> <section> <num value="210">“§ 210. </num> <heading class="inline">Statutory authority unaffected</heading> <content>“Nothing in this title shall be construed to limit the authority of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1119">21 USC 1119</ref>.</p></sidenote>the Secretary of Defense with respect to the operation of the Armed Forces or the authority of the Administrator of Veterans’ Affairs with respect to the furnishing of health care and related services to veterans.</content> </section> <section> <num value="211">“§ 211. </num> <heading class="inline">Appropriations authorized</heading> <content>“For purposes of carrying out this title, there is authorized to be <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1120">21 USC 1120</ref>.</p></sidenote>appropriated $700,000 for the fiscal year ending June 30, 1976, $500,000 for the period July 1, 1976, through September 30, 1976, $2,000,000 for the fiscal year ending September 30, 1977, and $2,000,000 for the fiscal year ending September 30, 1978.</content> </section> </chapter> <chapter> <num value="2">“Chapter 2.—</num> <heading class="inline">FUNCTIONS OF THE DIRECTOR</heading> <toc> <referenceItem role="section"><designator>“Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>“221.</designator> <label>(Concentration of Federal effort.</label></referenceItem> <referenceItem role="section"><designator>“222.</designator> <label>International negotiations.</label></referenceItem> <referenceItem role="section"><designator>“223.</designator> <label>Annual report.</label></referenceItem> </toc> <section> <num value="221">“§ 221. </num> <heading class="inline">Concentration of Federal effort</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content class="inline">The Director shall make recommendations to the President <sidenote><p class="indent0 firstIndent0 fontsize8">Recommendations to President.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1131">21 USC 1131</ref>.</p></sidenote>with respect to policies for, objectives of, and establishment of priorities for, Federal drug abuse functions and shall coordinate the performance of such functions by Federal departments and agencies. Recommendations under this subsection shall include recommendations for changes in the organization, management, and personnel of Federal departments and agencies performing drug abuse functions to implement the policies, priorities, and objectives recommended under this subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">To carry out subsection (a), the Director shall—</chapeau> <page identifier="/us/stat/90/244">90 STAT. 244</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>review the regulations, guidelines, requirements, criteria, and procedures of Federal departments and agencies applicable, to the performance of drug abuse functions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>conduct, or provide for, evaluations of (A) the performance of drug abuse functions by Federal departments and agencies, and (B) the results achieved by such departments and agencies in the performance of such functions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>seek to assure that Federal departments and agencies, in the performance of drug abuse functions, construe drug abuse as a health problem.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content class="inline">Federal departments and agencies engaged in drug abuse functions shall submit to the Director such information and reports with respect to such functions as he may reasonably require to carry out the purposes of this title.</content> </subsection> </section> <section> <num value="222">“§ 222. </num> <heading class="inline">International negotiations</heading> <content> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1132">21 USC 1132</ref>.</p></sidenote>“The President may designate, the Director to represent the Government of the United States in discussions and negotiations relating to drug abuse functions.</content> </section> <section> <num value="223">“§ 223. </num> <heading class="inline">Annual report</heading> <content> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s1133">21 USC 1133</ref>.</p></sidenote>“The Director shall submit to the President and the Congress, prior to March 1 of each year which begins after the enactment of this title, a written report on the activities of the Office. The report shall specify the objectives, activities, and accomplishments of the Office, and shall contain an accounting of funds expended under this title.”.</content> </section> </chapter> (c)

Repeal.

21 USC 1104.

21 USC 1162.

 (1) Section KM of the Act is repealed. (2) Section 302 of the Act is amended by striking out “Special Action Office of Drug Abuse Prevention until the date specified in section KM of this Act” and inserting in lieu thereof “Office of Drug Abuse Policy”. (3) Section 302 of the Act is amended by striking out “and” before “other officials”, and by striking out the period after “appropriate” and inserting in lieu thereof “and no fewer than three members from outside the Federal Government.” (4)

21 USC 1164.

 Section 304 of the Act is amended by adding at the end thereof the following: “(4) from time to time, make recommendations to, and coordinate with, the Di rector of the Office of Drug Abuse Policy with respect to the performance of his functions under this Act.”. (5) The following provisions of law are each amended by striking out “Special Action Office for Drug Abuse Prevention” and inserting in lieu thereof “Office of Drug Abuse Policy”: (A) Sections 302 and 408(g) of the Act (21 U.S.C. 1162 and 1175(g)). (B) Subsections (b)(1) and (d) of section 303 of Public Law 93–282 (21 U.S.C. 1175 note). (C) Section 454 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750c). (D) Section 206(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)). (6)

Repeal.

 Sections 5316(131) and 5313(21) of title 5, United States Code, are repealed.
Sec. 5. Section 305 of the Act (21 U.S.C. 1165) is amended by striking out “from time to time as the President deems appropriate, but not less often than once a year” and inserting in lien thereof “prior to June 1 of each year”.
Sec. 6. (a) Section 407 of the Act (21 U.S.C. 1174) is amended to read as follows: 90 STAT. 245
“§ 407. Admission of drug abusers to private and public hospitals “(a) Drug abusers who are suffering from medical conditions shall

21 USC 1174.

not be discriminated against in admission or treatment, solely because of their drug abuse or drug dependence, by any private or public general hospital which receives support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency. “(b) (1) The Secretary is authorized to make regulations for the

Regulations.

enforcement of the policy of subsection (a) with respect to the admission and treatment of drug abusers in hospitals which receive support of any kind from any program administered by the Secretary. Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) has occurred, notification of failure to comply with such subsection, and opportunity for a violator to comply with such subsection. If the Secretary determines that a hospital subject to such regulations has violated subsection (a) and such violation continues after an opportunity has been afforded for compliance, the Secretary may suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital receives support of any kind, with respect to the suspension or revocation of such other Federal support for such hospital. “(2) The Administrator of Veterans’ Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38. United States Code, prescribe regulations making applicable the regulations prescribed by the Secretary under paragraph (1) of this subsection to the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from drug abuse, or drug dependence. In prescribing and implementing regulations pursuant to this paragraph, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.”.
(b) The Administrator of Veterans’ Affairs shall submit to the

Reports to congressional committees.

21 USC 1174 note.

appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he has prescribed pursuant to section 407 (b)(2) of the Act, (2) explaining the bases for any inconsistency between such regulations and regulations of the Secretary under section 407(b)(1) of the Act, (3) on the extent, substance, and results of

21 USC 1174.

his consultations with the Secretary respecting the prescribing and implementation of the Administrator’s regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Administrator shall submit

Publication in Federal Register.

such report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 407(b)(1) and shall timely publish such report in the Federal Register. (c) Tile item relating to Section 407 in the table of sections of title IV of the Act is amended by striking out “hospitals for emergency

21 USC 1171.

treatment” and inserting in lieu thereof “private and public hospitals”.
Sec. 7. The first sentence, of section 409(a) of the Act (21 U.S.C. 1170(a)) is amended by changing “and $45,000,000 for the fiscal year ending June 30, 1975”, to read “$45,000,000 for each of the fiscal years ending June 30, 1975, and June 30, 1976, $11,250,000 for the period 90 STAT. 246July 1, 1976, through September 30, 1976, and £15,000,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978”.
Sec. 8.

21 USC 1176.

 (a) Section 409(c)(1) of the Act is amended by— (1) inserting “(A)” immediately after “(c)(1)”; (2) adding before the period at the end of subparagraph (A) the following: “, except that in the case of a State (other than the Virgin Islands, Guam, American Samoa, and the Trust Territories of the Pacific Islands) which can demonstrate a need (determined in accordance with the methodology established under subparagraph (B)(iii)) for an allotment for a fiscal year in an amount not less than $150,000, the allotment for such State for such fiscal year may not be less than $150,000 multiplied by such fraction”; and (3) inserting at the end thereof the following new subparagraph: “(B)

Notice of proposed rulemaking.

 (i) Not later than June 15 of each year, the Secretary, after consultation with the Director of the National Institute on Drug Abuse, shall publish a notice of proposed rulemaking setting forth a form id a to be used in making allotments pursuant to subparagraph (A) of this paragraph. Such notice of published rulemaking shall be in accordance with section 553 of title 5, United States Code, except that a sixty-day period shall be allowed for public comment. “(ii)

Final regulations, publication.

 Not later than the first day of each fiscal year, the Secretary shall publish final regulations setting forth the allotment formula to be used pursuant to subparagraph (A) of this paragraph in making allotments during such fiscal year. “(iii) In determining, for the purposes of paragraph (1), the extent of need for more effective conduct of drug abuse prevention functions, the Secretary shall (within one hundred and eighty days after the date of enactment of this paragraph) by regulation establish a methodology to assess and determine the incidence and prevalence of drug abuse to be applied in determining such need.”. (b)

Effective date.

21 USC 1176 note.

 The amendments made by subsection (a) of this section shall be effective with respect to fiscal years beginning on and after October 1, 1976.
Sec. 9. (a) (1) Section 409(e) of the Act (21 U.S.C. 1176(e)) is amended— (A) by inserting in the first sentence thereof “, not later than July 15 of each calendar year,” immediately after “Secretary”; (B) by inserting in the second sentence thereof “shall pertain to the twelve-month period commencing October 1 of the calendar year in which it is required to be submitted, and” immediately after “Each State plan”; (C) by inserting “in accordance with such needs” immediately before the semicolon at the end of paragraph (5) thereof; (D) by striking “and” at the end of paragraph (11) thereof; (E) by redesignating paragraph (12) thereof as paragraph (13); and (F) by inserting immediately after paragraph (11) thereof the following new paragraph: “(12) provide reasonable, assurances that treatment or rehabilitation projects or programs supported by funds made available under this section have provided to the State agency a proposed performance standard or standards to measure, or research protocol to determine, the effectiveness of such treatment or rehabilitation programs or projects; and”. (2)

Effective date.

21 USC 1176 note.

 The amendments made by paragraph (1) shall take effect January 1, 1976. 90 STAT. 247 (b) (1) Section 409(f) of the Act is amended by adding at the end

21 USC 1176.

the following: “A State plan submitted under subsection (e) may also contain provisions relating to alcoholism or mental health. The Secretary,

Review of State plans.

acting through the National Institute on Drug Abuse, shall establish procedures by which the National Institute on Drug Abuse shall review each State plan submitted pursuant to subsection (e) and under which it shall complete, its review of each such plan not later than September 15 of the calendar year in which the plan is submitted, or not later than sixty days after the plan is received by the National Institute on Drug Abuse, whichever is later.”. (2) The amendment made by paragraph (1) shall take effect

Effective date.

21 USC 1176 note.

January 1, 1976.
Sec. 10. (a) Section 410(a) of the Act (21 U.S.C. 1177(a)) is amended by adding at the end thereof the following: “In the implementation of his authority under this section, the Secretary shall accord a high priority to applications for grants or contracts for primary prevention programs. For purposes of the preceding sentence, primary prevention programs include programs designed to discourage persons from beginning drug abuse. To the extent that appropriations authorized under this section are used to fund treatment services, the Secretary shall not limit such funding to treatment for opiate abuse, but shall also provide support for treatment for non-opiate drug abuse including poly drug abuse.”. (b) Section 410(c) of the Act (21 U.S.C. 1177(c)) is amended by adding at the end thereof the following new paragraph: “(4) Each applicant within a State, upon filing its application with the Secretary for a grant or contract to provide treatment or rehabilitation services shall provide a proposed performance standard or standards, to measure, or research protocol to determine, the effectiveness of such treatment or rehabilitation program or project.”.
Sec. 11. Section 410(b) of the Act (21 U.S.C. 1177(b)) is amended by changing “end $160,000,000 for the fiscal year ending June 30, 1975.” to read “$160,000,000 for each of the fiscal years ending June 30, 1975 and June 30, 1976; $40,000,000 for the period July 1, 1976, through September 30, 1976; aid $160,000,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978,”.
Sec. 12. (a) (1) The first sentence of section 501(a) of the Act is

21 USC 1191.

amended by changing “section” to read “title” both places it appears therein. (2) Section 501(b) of the Act (21 U.S.C. 1191(b)) is amended by inserting “(hereinafter in this title referred to as the ‘Director’)” immediately after “Director”. (b) (1) Section 502 of the Act is amended to read as follows:

86 Stat. 85.
“§ 502. Technical assistance to State and local agencies “(a) The Director shall—

21 USC 1192.

 “(1) coordinate or assure coordination of Federal drug abuse prevention functions with corresponding functions of State and local governments; and “(2) provide for a central clearinghouse for Federal, State, and local governments, public and private agencies, and individuals seeking drug abuse, information and assistance from the Federal Government. “(b) In carrying out his functions under this section, the Director may— “(1) provide technical assistance—including advice and consultation relating to local programs, technical and professional assistance, and, where deemed necessary, use of task forces of 90 STAT. 248public officials or other persons assigned to work with State and local governments—to analyze and identify State and local drug abuse problems and assist in the development of plans and programs to meet the problems so identified; “(2) convene conferences of State, local, and Federal officials, and such other persons as the Director shall designate, to promote the purposes of this Act, and the Director is authorized to pay reasonable expenses of individuals incurred in connection with their participation in such conferences; and “(3) draft and make available to State and local governments model legislation with respect to State and local drug abuse programs and activities, and provide for uniform forms for, procedures for the submission of, and criteria for the consideration of applications of State and local governments and individuals for grants and contracts for drug abuse control and treatment programs, “(c) In implementation of his authority under subsection (b)(1), the Director may— “(1) take such action as may be necessary to request the assignment, with or without reimbursement, of any individual employed by any Federal department or agency and engaged in any Federal ding abuse prevention function or drug traffic prevention function to serve as a member of any such task force; except that no such person shall be so assigned during any one fiscal year for more than an aggregate of ninety days without the express approval of the head of the Federal department or agency with respect to which he was so employed prior to such assignment; “(2) assign any person employed by the Institute to serve as a member of any such task force or to coordinate management of such task forces; and “(3) enter into contracts or other agreements with any person or organization to serve on or work with such task forces.”.
(2) The item relating to such section 502 in the table of sections of title V of the Act is amended to read as follows: “502.
Sec. 13. (a) Title V of the Act is amended by adding at the end thereof the following new section:
“§ 503. Encouragement of certain research and development “(a)

21 USC 1193.

 The Director shall encourage and promote (by grants, contracts, or otherwise) expanded research programs to create, develop, and test— “(1) synthetic analgesics, antitussives, and other drugs which are— “(A) non addictive, or “(B) less addictive than opium or its derivatives, to replace opium and its derivatives in medical use; “(2) long-lasting, nonaddictive blocking or antagonistic drugs or other pharmacological substances for treatment of heroin addiction; and “(3) detoxification agents which, when administered, will ease the physical effects of withdrawal from heroin addiction. In carrying out this section the Director is authorized to establish, or provide for the establishment of, clinical research facilities. “(b)

Appropriation authorization.

 For purposes of carrying out subsection (a) of this section there are authorized to be appropriated $7,000,090 for the fiscal year ending June 30, 1376, $1,750,000 for the period July 1, 1976, through 90 STAT. 249September 30, 1976, $7,000,000 for the fiscal year ending September 30, 1977, and $7,000,000 for the fiscal year ending September 30, 1978.”.
(b) The table of sections at the beginning of title V of the Act is amended by adding at the end thereof the following new item: “503.
Sec. 14. (a) Section 1513(e)(1)(A)(i) of the Public Health Service Act is amended by inserting “sections 409 and 410 of the Drug Abuse

42 USC 300l–2.

Office and Treatment Act,” after “Community Mental Health Centers Act”. (b) Section 1512(b)(3)(C)(ii) of the Public Health Service Act is

42 USC 300l–1.

amended by inserting “, substance abuse treatment facilities” after “long-term care facilities”. (c) Section 1531 (3)(A) of the Public Health Service Act is amended

42 USC 300n.

by inserting “, substance abuse treatment facilities” after “long-term care facilities”.
Approved March 19, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–375 accompanying H.R. 8150 (Comm. on Interstate and Foreign Commerce) and No. 94–839 (Comm. of Conference). SENATE REPORTS: No. 94–218 accompanying S. 1608 (Comm. on Labor and Public Welfare) and No. 94–639 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 26, considered and passed Senate.

Sept. 11, considered and passed House, amended, in lieu of H.R. 8150.

Vol. 122 (1976): Feb. 19, Senate agreed to conference report: agreed to House amendment with an amendment.

Mar. 4, House concurred in Senate amendment.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 13 (1976): Mar. 20, Presidential statement.

 Public Law 94–238: To amend the Federal Water Pollution Control Act to increase the authorization for the National Study Commission. Public Law 238 Public Law 94–238 90 Stat. 250 1976-03-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 250 Public Law 94–238 94th Congress
An Act To amend the Federal Water Pollution Control Act to increase the authorization for the National Study Commission.

Mar. 23, 1976

[H.R. 12193]

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

National Study Commission.

Appropriation authorization.

33 USC 1325.
That subsection (h) of section 315 of the Federal Water Pollution Control Act is amended by striking out “$17,000,000.” and inserting in lieu thereof “$17,250,000.”.
Approved March 23, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–870 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 9, considered and passed House.

Mar. 10, considered and passed Senate.

 Public Law 94–239: To amend title VII of the Consumer Credit Protection Act to include discrimination on the basis of race, color, religion, national origin, and age, and for other purposes. Public Law 239 Public Law 94–239 90 Stat. 251 1976-03-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 251 Public Law 94–239 94th Congress
An Act To amend title VII of the Consumer Credit Protection Act to include discrimination on the basis of race, color, religion, national origin, and age, and for other purposes.

Mar. 23, 1976

[H.R. 6516]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) this Act

Equal Credit Opportunity Act Amendments of 1976.

15 USC 1691 note.

 may be cited as the “Equal Credit Opportunity Act Amendments of 1976”. (b) Title VII of the Consumer Credit Protection Act is amended by adding at the end thereof the following new section:
“§ 709. Short title “This title may be cited as the ‘Equal Credit Opportunity Act’.”

Equal Credit Opportunity Act.

15 USC 1691 note.

Repeal.

15 USC 1691 note.

15 USC 1691.
(c) Section 561 of Public Law 93–495 is repealed.
Sec. 2. Section 701 of the Equal Credit Opportunity Act is amended to read as follows:
“§ 701. Prohibited discrimination; reasons for adverse action “(a) It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction— “(1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); “(2) because all or part of the applicant’s income derives from any public assistance program; or, “(3) because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.

15 USC 1601 note.

 “(b) It shall not constitute discrimination for purposes of this title for a creditor— “(1) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the creditor’s rights and remedies applicable to the particular extension of credit and not to discriminate in a determination of credit-worthiness; “(2) to make an inquiry of the applicants age or of whether the applicant’s income derives from any public assistance program if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Board; “(3) to use any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Board, except that in the operation of such system the age of an elderly applicant may not be assigned a negative factor or value, or “(4) to make an inquiry or to consider the age of an elderly applicant when the age of such applicant is to be used by the creditor in the extension of credit in favor of such applicant. “(c) It is not a violation of this section for a creditor to refuse to extend credit offered pursuant to— “(1) any credit assistance program expressly authorized by law for an economically disadvantaged class of persons; 90 STAT. 252 “(2) any credit assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or “(3) any special purpose credit program offered by a profit-making organization to meet special social needs which meets standards prescribed in regulations by the Board; if such refusal is required by or made pursuant to such program. “(d)

Notice.

 (1) Within thirty days (or such longer reasonable time as specified in regulations of the Board for any class of credit transaction) after receipt of a completed application for credit, a creditor shall notify the applicant of its action on the application. “(2)

Statement of reasons.

 Each applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the creditor. A creditor satisfies this obligation by— “(A) providing statements of reasons in writing as a matter of course to applicants against whom adverse action is taken; or “(B) giving written notification of adverse action which discloses (i) the applicant’s right to a statement of reasons within thirty days after receipt by the creditor of a request made within sixty days after such notification, and (ii) the identity of the person or office from which such statement may be obtained. Such statement may be given orally if the written notification advises the applicant of his right to have the statement of reasons confirmed in writing on written request. “(3) A statement of reasons meets the requirements of this section only if it contains the specific reasons for the adverse action taken. “(4) Where a creditor has been requested by a third party to make a specific extension of credit directly or indirectly to an applicant, the notification and statement of reasons required by this subsection may be made directly by such creditor, or indirectly through the third party, provided in either case that, the identity of the creditor is disclosed. “(5) The requirements of paragraph (2), (3), or (4) may be satisfied by verbal statements or notifications in the case of any creditor who did not act on more than one hundred and fifty applications during the calendar year preceding the calendar year in which the adverse action is taken, as determined under regulations of the Board. “(6)

“Adverse action.”

 For purposes of this subsection, the term ‘adverse action’ means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested. Such term does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.”.
Sec. 3.

15 USC 1691b.

 (a) Section 703 of the Equal Credit Opportunity Act is amended— (1) by inserting “(a)” immediately before “The Board”; (2) by inserting after the second sentence thereof the following new sentence: “In particular, such regulations may exempt from one or more of the provisions of this title any class of transactions not primarily for personal, family, or household purposes, if the Board makes an express finding that the application of such provision or provisions would not contribute substantially to carrying out the purposes of this title.”: and (3) by adding at the end thereof the following new subsection: “(b)

Consumer Advisory Council.

Establishment.

 The Board shall establish a Consumer Advisory Council to advise and consult with it in the exercise of its functions under the 90 STAT. 253Consumer Credit Protection Act and to advise and consult with it

15 USC 1601 note.

 concerning other consumer related matters it may place before the Council. In appointing the members of the Council, the Board shall seek to achieve a fair representation of the interests of creditors and consumers. The Council shall meet from time to time at the call of the Board. Members of the Council who are not regular full-time employees of the United States shall, while attending meetings of such Council, be entitled to receive compensation at a rate fixed by the Board, but not exceeding $100 per day, including travel time. Such members may be allowed travel expenses, including transportation and subsistence, while away from their homes or regular place of business.”. (b) (1) Section 110 of the Truth in Lending Act is repealed.

Repeal.

15 USC 1609.

15 USC 1601 et seq.

15 USC 1691c.

 (2) The table of sections of chapter 1 of such Act is amended by Striking out item 110.
Sec. 4. Section 704(c) of the Equal Credit Opportunity Act is amended by inserting before the period at the end thereof the following: “, including the power to enforce any Federal Reserve Board regulation promulgated under this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule”.
Sec. 5. Section 705 of the Equal Credit Opportunity Act is

15 USC 1691d.

amended— (1) by amending subsection (e) to read as follows: “(e) Where the same act or omission constitutes a violation of this title and of applicable State law, a person aggrieved by such conduct may bring a legal action to recover monetary damages either under this title or under such State law, but not both. This election of remedies shall not apply to court actions in which the relief sought does not include monetary damages or to administrative actions.”; and (2) by adding the following new subsections: “(f) This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with, the laws of any State with respect to credit discrimination, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any State law is inconsistent with any provision of this title if the Board determines that such law gives greater protection to the applicant. “(g) The Board shall by regulation exempt from the requirements of sections 791 and 702 of this title any class of credit transactions

15 USC 1691, 1691a.

within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this title or that such law gives greater protection to the applicant, and that there is adequate provision for enforcement. Failure to comply with any requirement of such State law in any transaction so exempted shall constitute a violation of this title for the purposes of section 796.”.

Infra.

15 USC 1691e.
Sec. 6. Section 706 of the Equal Credit Opportunity Act is amended to read as follows:
“§ 706. Civil liability “(a) Any creditor who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class. “(b) Any creditor, other than a government or governmental sub-90 STAT. 254division or agency, who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional. “(c) Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this title. “(d) In the case of any successful action under subsection (a), (b), or (e), the costs of the action, together with a reasonable attorney’s fee as determined by the court, shall be added to any damages awarded by the court under such subsection. “(e) No provision of this title imposing liability shall apply to any act done or omitted in good faith in conformity with any official rule, regulation, or interpretation thereof by the Board or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretations or approvals under such procedures as the Board may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. “(f) Any action under this section may be brought in the appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. No such action shall be brought later than two years from the date of the occurrence of the violation, except that— “(1)

15 USC 1691c.

 whenever any agency having responsibility for administrative enforcement under section 704 commences an enforcement proceeding within two years from the date of the occurrence of the violation, “(2) whenever the Attorney General commences a civil action under this section within two years from the date of the occurrence of the violation, then any applicant who has been a victim of the discrimination which is the subject of such proceeding or civil action may bring an action under this section not later than one year after the commencement of that proceeding or action. “(g) The agencies having responsibility for administrative enforcement under section 704, if unable to obtain compliance with section

15 USC 1691.

701, are authorized to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted, “(h) When a matter is referred to the Attorney General pursuant to subsection (g), or whenever he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this title, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. “(i)

42 USC 3605.

 No person aggrieved by a violation of this title and by a violation of section 805 of the Civil Rights Act of 1968 shall recover 90 STAT. 255under this title and section 812 of the Civil Rights Act of 1968, if

42 USC 3612.

such violation is based on the same transaction. “(j) Nothing in this title shall be construed to prohibit the discovery of a creditor’s credit granting standards under appropriate discovery procedures in the court or agency in which an action or proceeding is brought.”.
Sec. 7. The Equal Credit Opportunity Act is amended by redesignating section 707 as section 708 and by inserting immediately after

15 USC 1691 note.

15 USC 1691e.

15 USC 1691f.

section 706 the following new section:
“§ 707. Annual reports to Congress “Not later than February 1 of each year after 1976, the Board and the Attorney General shall, respectively, make reports to the Congress concerning the administration of their functions under this title, including such recommendations us the Board and the Attorney General, respectively, deem necessary or appropriate. In addition, each report of the Board shall include its assessment of the extent to which compliance with the requirements of this title is being achieved, and a summary of the enforcement actions taken by each of the agencies assigned administrative enforcement responsibilities under section 704.”.
Sec. 8. Section 708 of the Equal Credit Opportunity Act is amended

Effective dates.

15 USC 1691 note.

 by adding at the end thereof the following new sentence: “The amendments made by the Equal Credit. Opportunity Act Amendments of 1976 shall take effect on the date of enactment thereof and shall apply to any violation occurring on or after such date, except that the amendments made to section 701 of the Equal Credit Opportunity Act shall

Ante, p. 251.

15 USC 1691.

take effect 12 months after the date of enactment.”.
Sec. 9. The table of sections of the Equal Credit Opportunity Act is amended by striking out “707.

and inserting in lieu thereof the following new items:

“707. “708. “708.
Approved March 23, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–210 (Comm. on Banking, Currency and Housing) and No. 94–873 (Comm. of Conference). SENATE REPORTS No. 94–589 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 3, considered and passed House.

Vol. 122 (1976): Feb. 2, considered and passed Senate, amended.

Mar. 9, Senate and House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 13 (1976): Mar. 23, Presidential statement.

 Public Law 94–240: To amend the Truth In Lending Act to protect consumers against Inadequate and misleading leasing information, assure meaningful disclosure of lease terms, and limit ultimate liability in connection with leasing of personal property primarily for personal, family, or household purposes, and for other purposes. Public Law 240 Public Law 94–240 90 Stat. 257 1976-03-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 257 Public Law 94–240 94th Congress
An Act To amend the Truth In Lending Act to protect consumers against Inadequate and misleading leasing information, assure meaningful disclosure of lease terms, and limit ultimate liability in connection with leasing of personal property primarily for personal, family, or household purposes, and for other purposes.

Mar. 23, 1976

[H.R. 8835]

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

Consumer Leasing Act of 1976.

15 USC 1601 note.

be cited as the “Consumer Leasing Act of 1976”.
findings and purpose Sec. 2. Section 102 of the Truth in Lending Act (15 U.S.C. 1601) is amended by inserting “(a)” before the first sentence, and adding the following subsection: “(b) The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this title to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.”.
disclosure of lease terms Sec. 3. The Truth in Lending Act (15 U.S.C. 1601–1665) is amended by adding at the end thereof a new chapter as follows: “Chapter 5— CONSUMER LEASES “Sec. “181. “182. “183. “184. “185. “188.
“§ 181. Definitions “For purposes of this chapter—

15 USC 1667.

 “(1) The term ‘consumer lease’ means a contract in the form of a lease or bailment for the use of personal property by a natural person for a period of time exceeding four months, and for a total contractual obligation not exceeding $25,000, primarily for personal, family, or household purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease, except that such term shall not include any credit sale as defined in section 103(g). Such term

15 USC 1602.

does not include a lease for agricultural, business, or commercial purposes, or to a government or governmental agency or instrumentality, or to an organization. 90 STAT. 258 “(2) The term ‘lessee’ means a natural person who leases or is offered a consumer lease. , “(3) The term ‘lessor’ means a person who is regularly engaged in leasing, offering to lease, or arranging to lease under a consumer lease. “(4) The term ‘personal property’ means any property which is not real property under the laws of the State where situated at the time offered or otherwise made available for lease. “(5) The terms ‘security’ and ‘security interest’ mean any interest in property which secures payment or performance of an obligation.
Ҥ 182. Consumer lease disclosures

15 USC 1667a.

“Each lessor shall give a lessee prior to the consummation of the lease a dated written statement on which the lessor and lessee are identified setting out accurately and in a clear and conspicuous manner the following information with respect to that lease, as applicable: “(1) A brief description or identification of the leased property; “(2) The amount, of any payment by the lessee required at the inception of the lease; “(3) The amount paid or payable by the lessee for official fees, registration, certificate of title, or license fees or taxes; “(4) The amount of other charges payable by the lessee not included in the periodic payments, a description of the charges and that the lessee shall be liable for the differential, if any, between the anticipated fair market value of the leased property and its appraised actual value at the termination of the lease, if the lessee has such liability; “(5) A statement of the amount or method of determining the amount of any liabilities the lease imposes upon the lessee at the end of the term and whether or not the lessee has the option to purchase the leased property and at what price and time; “(6) A statement identifying all express warranties and guarantees made by the manufacturer or lessor with respect to the leased property, and identifying the party responsible, for maintaining or servicing the leased property together with a description of the responsibility; “(7) A brief description of insurance provided or paid for by the lessor or required of the lessee, including the types and amounts of the coverages and costs; “(8) A description of any security interest held or to be retained by the lessor in connection with the lease and a clear identification of the property to which the security interest relates; “(9) The number, amount, and due dates or periods of payments under the lease and the total amount of such periodic payments; “(10) Where the lease provides that the lessee shall be liable for the anticipated fair market value of the property on expiration of the lease, the fair market value of the property at the inception of the lease, the aggregate cost of the lease on expiration, and the differential between them; and “(11) A statement of the conditions under which the lessee or lessor may terminate the lease prior to the end of the term and the amount or method of determining any penalty or other charge for delinquency, default, late payments, or early termination. The disclosures required under this section may be made in the lease contract to be signed by the lessee. The Board may provide by regulation that any portion of the information required to be disclosed under 90 STAT. 259this section may be given in the form of estimates where the lessor is not in a position to know exact information.
“§ 183. Lessee’s liability on expiration or termination of lease “(a) Where the lessee’s liability on expiration of a consumer lease

15 USC 1667b.

is based on the estimated, residual value of the property such estimated residual value shall be a reasonable approximation of the anticipated actual fair market value of the property on lease, expiration. There shall be a rebuttable presumption that the estimated residual value is unreasonable to the extent that the estimated residua] value exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease. In addition, where the lessee has such liability on expiration of a consumer lease there shall be a rebuttable presumption that the lessor’s estimated residual value is not in good faith to the extent that the estimated residual value exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease and such lessor shall not collect from the lessee the amount of such excess liability on expiration of a consumer lease unless the lessor brings a successful action with respect to such excess liability. In all actions, the lessor shall pay the lessee’s reasonable attorney’s fees. The presumptions stated in this section shall not apply to the extent the excess of estimated over actual residual value is due to physical damage to the property beyond reasonable wear and use, or to excessive use, and the lease may set standards for such wear and use if such standards are not unreasonable. Nothing in this subsection shall preclude the right of a willing lessee to make any mutually agreeable final adjustment with respect to such excess residual liability, provided such an agreement is reached after termination of the lease. “(b) Penalties or other charges for delinquency, default, or early termination may be specified in the lease but only at an amount which is reasonable in tire light of the, anticipated or actual harm caused by the delinquency, default, or early termination, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. “(c) If a lease has a residual value provision at the termination of the lease, the lessee may obtain at his expense, a professional appraisal of the leased property by an independent third party agreed to by both parties. Such appraisal shall be final and binding on the parties.
“§ 184. Consumer lease advertising “(a) No advertisement to aid, promote, or assist directly or indirectly

15 USC 1667c.

any consumer lease shall state the amount of any payment, the number of required payments, or that any or no downpayment or other payment is required at inception of the lease unless the advertisement also states clearly and conspicuously and in accordance with regulations issued by the Board each of the following items of information which is applicable: “(1) That the transaction advertised is a lease. “(2) The amount of any payment required at the inception of the lease or that no such payment is required if that is the case, “(3) The number, amounts, due dates or periods of scheduled payments, and the total of payments under the lease. “(4) That the lessee shall be liable for the differential, if any, between the anticipated fair market value of the leased property and its appraised actual value at the termination of the lease, if the lessee has such liability. “(5) A statement of the amount or method of determining the amount of any liabilities the lease imposes upon the lessee at the 90 STAT. 260end of the term and whether or not the lessee has the option to purchase the leased property and at what price and time. “(b) There is no liability under this section on the part of any owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated.
“§ 185. Civil liability “(a)

15 USC 1667d.

 Any lessor who fails to comply with any requirement imposed under section 182 or 183 of this chapter with respect to any person

15 USC 1640.

 is liable to such person as provided in section 130. “(b) Any lessor who fails to comply with any requirement imposed under section 184 of this chapter with respect to any person who suffers actual damage from the violation is liable to such person as provided

“Creditor.”

15 USC 1614, 1641.

in section 130. For the purposes of this section, the term ‘creditor’ as used in sections 115, 130, and 131 shall include a lessor as defined in this chapter. “(c) Notwithstanding section 130(e), any action under this section may be brought in any United States district court or in any other court of competent jurisdiction. Such actions alleging a failure to disclose or otherwise comply with the requirements of this chapter shall be brought within one year of the termination of the lease agreement.
“§ 186. Relation to State laws “(a)

15 USC 1667e.

 This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to consumer leases, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any State law is inconsistent with any provision of this chapter if the Board determines that such Jaw gives greater protection and benefit to t he consumer. “(b) The Board shall by regulation exempt from the requirements of this chapter any class of lease transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this chapter or that such law gives greater protection and benefit to the consumer, and that there is adequate provision for enforcement.”
amendments to section 130 Sec. 4.

15 USC 1640.

 Section 130 of the Truth in Lending Act is amended as follows: (1) Tn subsection (a), after “chapter 4” insert “or 5”. (2) In clause (2)(A) of subsection (a), insert “(i)” after “(A)”, and insert, after “transaction” a comma and the following:

Ante, p–257.

“or (ii) in the case of an individual action relating to a consumer lease under chapter 5 of this title, 25 per centum of the total amount of monthly payments under the lease”. (3) In paragraph (2)(B) of subsection (a), strike out “lesser of $100,000” and insert in lieu thereof “lesser of $500,000”. (4) In subsection (b), insert “or chapter 5” after “this chapter” and strike out the word “finance”. (5) In subsection (g), after “this chapter”, insert “or chapter 4 or 5 of this title”, and insert after “consumer loan” a comma and “consumer lease”.
90 STAT. 261
conforming amendment Sec. 5. The table of chapters of the Truth in Lending Act is amended by adding at the end thereof the following: “5. 181”.
effective date Sec. 6. This Act takes effect one year after the date of its enactment.

15 USC 1667 note.
Approved March 23, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–544 (Comm. on Banking. Currency and Housing) and No. 94–872 (Comm. of Conference). SENATE REPORTS No. 94–590 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 28, considered and passed House.

Vol. 122 (1976); Feb. 2, considered and passed Senate, amended.

Mar. 9, Senate and House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 13 (1976): Mar. 23, Presidential statement.

 Public Law 94–241: To approve the “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United Stales of America”, and for other purposes. Public Law 241 Public Law 94–241 90 Stat. 263 1976-03-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 263 Public Law 94–241 94th Congress
Joint Resolution To approve the “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United Stales of America”, and for other purposes.

Mar. 24, 1976

[H.J. Res. 549]

 Whereas the United States is the administering authority of the

48 USC 1681 note.

Trust Territory of the Pacific islands under the terms of the trusteeship agreement for the former Japanese-mandated islands entered into by the United States with the Security Council of the United Nations on April 2, 1947, and approved by the United States on July 18, 1947; and Whereas the United States, in accordance with the trusteeship agreement and the Charter of the United Nations, has assumed the obligation to promote the development of the peoples of the trust territory toward self-government or Independence as may be appropriate to the particular circumstances of the trust, territory and its peoples and the freely expressed wishes of the peoples concerned: and Whereas the United States, in response to the desires of the people of the Northern Mariana Islands clearly expressed over the past twenty years through public petition and referendum, and in response to its own obligations under the trusteeship agreement to promote self-determination, entered into political status negotiations with representatives of the people of the Northern Mariana Islands; and Whereas, on February 15, 1975, a “Covenant to Establish A Commonwealth of the Northern Mariana Islands in Political Union with the United States of America” was signed by the Marianas Political Status Commission for the people of the Northern Mariana Islands and by the President’s Personal Representative, Ambassador F. Haydn Williams for the United States of America, following which the covenant was approved by the unanimous vote of the Mariana Islands District Legislature on February 20, 1975 and by 78.8 per centum of the people of the Northern Mariana Islands voting in a plebiscite held on June 17, 1975: Now be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Covenant, to Establish a

Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America.

Congressional approval.

48 USC 1681 note.

Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved. “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America “Whereas, the Charter of the United Nations and the Trusteeship Agreement between the Security Council of the United Nations and the United States of America guarantee to the people of the Northern Mariana Islands the right freely to express their wishes for self-government or independence; and 90 STAT. 264 “Whereas, the United States supports the desire of the people of the Northern Mariana Islands to exercise their inalienable right of self-determination; and “Whereas, the people of the Northern Mariana Islands and the people of the United States share the goals and values found in the American system of government based upon the principles of government by the consent of the governed, individual freedom and democracy; and “Whereas, for over twenty years, the people of the Northern Mariana Islands, through public petition and referendum, have clearly expressed their desire for political union with the United States;

“Now, therefore, the Marianas Political Status Commission, being the duly appointed representative of the people of the Northern Mariana Islands, and the Personal Representative of the President of the United States have entered into this Covenant in order to establish a self-governing common wealth for the Northern Mariana Islands within the American political system and to define the future relationship between the Northern Mariana Islands and the United States. This Covenant will be mutually binding when it is approved by the, United States, by the Mariana Islands District, Legislature and by the people of the Northern Mariana Islands in a plebiscite, constituting on their part a sovereign act of self-determination.

“Article I “political relationship
“Section 101. The Northern Mariana Islands upon termination of the Trusteeship Agreement will become a self-governing commonwealth to be known as the ‘Commonwealth of the Northern Mariana Islands’, in political union with and under the sovereignty of the United States of America.
“Section 102. The relations between the Northern Mariana Islands and the, United States will be governed by this Covenant which, together with those provisions of the Constitution, treaties and laws of the United States applicable to the Northern Mariana Islands, will be the supreme law of the Northern Mariana Islands.
“Section 103. The people of the Northern Mariana Islands will have the right of local self-government and will govern themselves with respect to internal affairs in accordance with a Constitution of their own adoption.
“Section 104. The, United States will have complete responsibility for and authority with respect to matters relating to foreign affairs and defense affecting the Northern Mariana Islands.
“Section 105. The, United States may enact legislation in accordance with its constitutional processes which will be applicable to the Northern Mariana Islands, but if such legislation cannot also be made applicable to the several States the Northern Mariana Islands must be specifically named therein for it to become effective in the Northern Mariana Islands. In order to respect the right of self-government guaranteed by this Covenant the United States agrees to limit the exercise of that authority so that the fundamental provisions of this Covenant, namely Articles I, II and III and Sections 501 and 805, may be modified only with the consent of the Government of the United States and the Government of the Northern Mariana Islands.
90 STAT. 265
“Article II “constitution of the northern Mariana islands
“Section 201. The people of the Northern Mariana Islands will formulate and approve a Constitution and may amend their Constitution pursuant to the procedures provided therein.
“Section 202. The Constitution will be submitted to the Government

Submittal to U.S. for approval.

 of the United States for approval on the basis of its consistency with this Covenant and those provisions of the Constitution, treaties and laws of the United States to be applicable to the Northern Mariana Islands. The Constitution will be deemed to have been approved six months after its submission to the President on behalf of the Government of the United States unless earlier approved or disapproved. If disapproved the Constitution will be returned and will be resubmitted in accordance with this Section. Amendments to the Constitution may be made by the people of the Northern Mariana Islands without approval by the Government of the United States, but the courts established by the Constitution or laws of the United States will be competent, to determine whether the Constitution and subsequent amendments thereto are consistent with this Covenant and with those provisions of the Constitution, treaties and laws of the United States applicable to the Northern Mariana Islands.
“Section 203. (a) The Constitution will provide for a republican form of government with separate executive, legislative and judicial branches, and will contain a bill of rights. “(b) The executive power of the Northern Mariana Islands will be vested in a popularly elected Governor and such other officials as the Constitution or laws of the Northern Mariana Islands may provide. “(c) The legislative power of the Northern Mariana Islands will be vested in a popularly elected legislature and will extend to all rightful subjects of legislation. The Constitution of the Northern Mariana Islands will provide for equal representation for each of the chartered municipalities of the Northern Mariana Islands in one house of a bicameral legislature, notwithstanding other provisions of this Covenant or those provisions of the Constitution or laws of the United States applicable to the Northern Mariana Islands. “(d) The judicial power of the Northern Mariana Islands will be vested in such courts as the Constitution or laws of the Northern Mariana Islands may provide. The Constitution or laws of the Northern Mariana Islands may vest, in such courts jurisdiction over all causes in the Northern Mariana Islands over which any court established by the Constitution or laws of the United States does not have exclusive jurisdiction.
“Section 204. All members of the legislature of the Northern Mariana Islands and all officers and employees of the Government of the Northern Mariana Islands will take an oath or affirmation to support this Covenant, those provisions of the Constitution, treaties and laws of the United States applicable to the Northern Mariana Islands, and the Constitution and laws of the Northern Mariana Islands.
“Article III “citizenship and nationality
“Section 301. The following persons and their children under the age of 18 years on the effective date of this Section, who are not citizens or nationals of the United States under any other provision of law, arid who on that date do not owe allegiance to any foreign state, are 90 STAT. 266declared to be citizens of the United States, except as otherwise provided in Section 302: “(a) all persons born in the Northern Mariana Islands who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, and who on that date are domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof; “(b) all persons who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, who have been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Marianas Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to January 1, 1975; and “(c) all persons domiciled in the Northern Mariana Islands on the day preceding the effective date of this Section, who, although not citizens of the Trust Territory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Islands beginning prior to January I, 1974.
“Section 302. Any person who becomes a citizen of the United States solely by virtue of the provisions of Section 301 may within six months after the effective date of that Section or within six months after reaching the age of 18 years, whichever date is the later, become a national but not a citizen of the United States by making a declaration under oath before any court established by the Constitution or laws of the United States or any court of record in the Commonwealth in the form as follows:

“‘I ————being duly sworn, hereby declare my intention to be a national but not a citizen of the United States.’”
“Section 303. All persons born in the Commonwealth on or after the effective date of this Section and subject to the jurisdiction of the United States will be citizens of the United States at birth.
“Section 304. Citizens of the Northern Mariana Islands will be entitled to all privileges mid immunities of citizens in the several States of the United States.
“Article IV “judicial authority
“Section 401.

District Court for the Northern Mariana Islands.

Establishment

 The United States will establish for and within the Northern Mariana Islands a court of record to be known as the ‘District Court for the Northern Mariana Islands’. The Northern Mariana Islands will constitute a part of the same judicial circuit of the United States as Guam.
“Section 402. (a) The District Court for the Northern Mariana Islands will have the jurisdiction of a district court of the United States, except that, in all causes arising under the Constitution, treaties or laws of the United States it will have jurisdiction regardless of the sum or value of the matter in controversy. “(b) The District Court, will have original jurisdiction in all causes in the Northern Mariana Islands not described in Subsection (a) jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. In causes brought in the District Court solely on 90 STAT. 267the basis of this subsection, the District Court will be considered a court of the Northern Mariana Islands for the purposes of determining the requirements of indictment by grand jury or trial by jury. “(c) The District Court will have such appellate jurisdiction as the Constitution or laws of the Northern Mariana Islands may provide. When it sits us an appellate court, the District Court will consist of three judges, at least one of whom will be a judge of a court of record of the Northern Mariana Islands.
“Section 403. (a) The relations between the courts established by the Constitution or laws of the United States and the courts of the Northern Mariana Islands with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus and other matters or proceedings will be governed by the laws of the United States pertaining to the relations between the courts of the United States and the courts of the several States in such matters and proceed!rigs, except as otherwise provided in this Article; provided that for the first fifteen years following the establishment of an appellate court of the Northern Mariana Islands the United States Court of Appeals for the judicial circuit which includes the Northern Mariana Islands will have jurisdiction of appeals from all final decisions of the highest court, of the Northern Mariana Islands from which a decision could be had in all cases involving the Constitution, treaties or laws of the United States, or any authority exercised thereunder, unless those cases are reviewable in the District Court for the Northern Mariana Islands pursuant to Subsection 402(c). “(b) Those portions of Title 28 of the United States Code which apply to Guam or the District Court of Guam will be applicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in this Article.
“Article V “applicability of laws
“Section 501. (a) To the extent that they are not applicable of their own force, the following provisions of the Constitution of the United States will be applicable within the Northern Mariana Islands as if the Northern Mariana Islands

USC prec. title 1.

were one of the several States: Article I, Section 9, Clauses 2, 3, and 8; Article I, Section 10, Clauses 1 and 3; Article IV, Section 1 and Section 2, Clauses 1 and 2; Amendments 1 through 9, inclusive; Amendment 13; Amendment 14, Section 1; Amendment 15; Amendment 19: and Amendment 26; provided, however, that neither trial by jury nor indictment by grand jury’ shall be required in any civil action or criminal prosecution based on local law, except where required by local law. Other provisions of or amendments to the Constitution of the United States, which do not apply of their own force within the Northern Mariana Islands, will be applicable within the Northern Mariana Islands only with approval of the Government of the Northern Mariana Islands and of the Government of the United States. “(b) The applicability of certain provisions of the Constitution of the United States to the Northern Mariana Islands will be without prejudice to the validity of and the power of the Congress of the United States to consent to Sections 203, 506 and 805 and the proviso in Subsection (a) of this Section.
90 STAT. 268
“Section 502. (a) The following laws of the United States in existence on the effective date of this Section and subsequent amendments to such laws will apply to the Northern Mariana Islands, except as otherwise provided in this Covenant: “(1) those laws which provide federal services and financial assistance programs and the federal banking laws as they apply

42 USC 428, 1381.

42 USC 201 note.

50 USC app. 2018.

to Guam; Section 228 of Title II and Title XVI of the Social Security Act as it applies to the several States; the Public Health Service Act as it applies to the Virgin Islands; and the Micronesian Claims Act as it applies to the Trust Territory of the Pacific Islands; “(2) those laws not described in paragraph (1) which are applicable to Guam and which are of general application to the several States as they are applicable to the several States; and “(3) those laws not described in paragraph (1) or (2) which are applicable to the Trust Territory of the Pacific Islands, but not their subsequent amendments unless specifically made applicable to the Northern Mariana Islands, as they apply to the Trust Territory of the Pacific Islands until termination of the Trusteeship Agreement, and will thereafter be inapplicable. “(b) The laws of the United States regarding coastal shipments and the conditions of employment, including the wages and hours of employees, will apply to the activities of the United States Government and its contractors in the Northern Mariana Islands.
“Section 503. The following laws of the United States, presently inapplicable to the Trust Territory of the Pacific Islands, will not apply to the Northern Mariana Islands except in the manner and to the extent made applicable to them by the Congress by law after termination of the Trusteeship Agreement: “(a) except as otherwise provided in Section 506, the immigration and naturalization laws of the United States; “(b) except as otherwise provided in Subsection (b) of Section 502, the coastwise laws of the United States and any prohibition in the laws of the United States against foreign vessels landing fish or unfinished fish products in the United States; and “(c) the minimum wage provisions of Section 6, Act of June 25,

29 USC 206.

Commission on Federal Laws.

1938, 52 Stat. 1062, as amended.
“Section 504. The President will appoint a Commission on Federal Laws to survey the laws of the United States and to make recommendations to the United States Congress as to which laws of the United States not applicable to the Northern Mariana Islands should be made applicable and to what extent, and in what manner, and which applicable laws should be made inapplicable and to what extent and in

Membership.

what manner. The Commission will consist of seven persons (at least four of whom will be citizens of the Trust Territory of the Pacific Islands who are and have been for at least five yea re domiciled continuously in the Northern Mariana Islands at the time of their appointments) who will be representative of the federal, local, private and public interests in the applicability of laws of the United States to the

Reports to Congress.

Northern Mariana Islands. The Commission will make its final report and recommendations to the Congress within one year after the termination of the Trusteeship Agreement, and before that time will make such interim reports and recommendations to the Congress as it considers appropriate to facilitate the transition of the Northern Mariana Islands to its new political status. In formulating its recommendations the Commission will take into consideration the potential effect of each law on local conditions within the Northern Mariana Islands, 90 STAT. 269the policies embodied in the law and the provisions and purposes of this Covenant. The United States will bear the cost of the work of the Commission.
“Section 505. The laws of the Trust Territory of the Pacific Islands, of the Mariana Islands District and its local municipalities, and all other Executive and District, orders of a local nature applicable to the Northern Mariana Islands on the effective date of this Section and not inconsistent with this Covenant or with those provisions of the Constitution, treaties or laws of the United States applicable to the Northern Mariana Islands will remain in force and effect until and unless altered by the Government of the Northern Mariana Islands.
“Section 506. (a) Notwithstanding the provisions of Subsection 503(a), upon the effective date of this Section the Northern Mariana Islands will be deemed to be a part of the United States under the Immigration and Nationality Act, as amended for the following purposes

8 USC 1101 note.

only, and the said Act will apply to the Northern Mariana Islands to the extent indicated in each of the following Subsections of this Section. “(b) With respect to children born abroad to United States citizen or non-citizen national parents permanently residing in the Northern Mariana Islands the provisions of Sections 301 and 308 of the said Act will apply.

8 USC 1401, 1408.

“Immediate relatives.”

8 USC 1151.

 “(c) With respect to aliens who are ‘immediate relatives’ (as defined in Subsection 201(b) of the said Act) of United States citizens who are permanently residing in the Northern Mariana Islands all the provisions of the said Act will apply, commencing when a claim is made to entitlement to ‘immediate relative’ status. A person who is certified by the Government of the Northern Mariana. Islands both to have been a lawful permanent resident of the Northern Mariana Islands and to have had the ‘immediate relative’ relationship denoted herein on the effective date of this Section will be presumed to have been admitted to the United States for lawful permanent residence as of that date without the requirement of any of the usual procedures set forth in the said Act. For the purpose of the requirements of judicial naturalization, the Northern Mariana Islands will be deemed to constitute a State as defined in Subsection 101(a) paragraph (36) of the said Act. The Courts of record of the Northern Mariana Islands and the District Court for the Northern Mariana Islands

8 USC 1101.

will be included among the courts specified in Subsection 310(a) of the said Act and will have jurisdiction to naturalize persons who become

8 USC 1421.

eligible under this Section and who reside within their respective jurisdictions. “(d) With respect to persons who will become citizens or nationals of the United States under Article III of this Covenant or under this Section the loss of nationality provisions of the said Act will apply.
“Article VI “revenue and taxation
“Section 601. (a) The income tax laws in force in the United States will come into force in the Northern Mariana Islands as a local territorial income tax on the first day of January following the effective date of this Section, in the same manner as those laws are in force in Guam. “(b) Any individual who is a citizen or a resident of the United States, of Guam, or of the Northern Mariana Islands (including a 90 STAT. 270national of the United States who is not a citizen), will file only one income tax return with respect to his income, in a manner similar to the provisions of Section 935 of Title 26, United States Code. “(c) References in the Internal Revenue Code to Guam will be deemed also to refer to the Northern Mariana Islands, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof or of this Covenant.
“Section 602.

Additional taxes levied by Island government.

 The Government of the Northern Mariana Islands may by local law impose such taxes, in addition to those imposed under Section 601, as it deems appropriate and provide for the rebate of any taxes received by it except that the power of the Government of the Northern Mariana Islands to rebate collections of the local territorial income tax received by it will be limited to taxes on income derived from sources within the Northern Mariana Islands.
“Section 603. (a) The Northern Mariana Islands will not be included within the customs territory of the United States. “(b) The Government of the Northern Mariana Islands may, in a manner consistent with the international obligations of the United States, levy duties on goods imported into its territory from any area outside the customs territory of the United States and impose duties on exports from its territory. “(c) Imports from the Northern Mariana Islands into the customs territory of the United States will be subject to the same treatment as imports from Guam into the customs territory of the United States. “(d) The Government of the United States will seek to obtain from foreign countries favorable treatment for exports from the Northern Mariana Islands and will encourage other countries to consider the Northern Mariana Islands a developing territory.
“Section 604.

U.S. property exclusion from customs duties.

 (a) The Government of the United States may levy excise taxes on goods manufactured, sold or used or services rendered in the Northern Mariana Islands in the same manner and to the same extent as such taxes are applicable within Guam. “(b) The Government of the Northern Mariana Islands will have the authority to impose excise taxes upon goods manufactured, sold or used or services rendered within its territory or upon goods imported into its territory, provided that such excise taxes imposed on goods imported into its territory will be consistent with the international obligations of the United States.
“Section 605. Nothing in this Article will be deemed to authorize the Government of the Northern Mariana Islands to impose any customs duties on the property of the United States or on the personal property of military or civilian personnel of the United States Government or their dependents entering or leaving the Northern Mariana Islands pursuant to their contract of employment or orders assigning them to or from the Northern Mariana Islands or to impose any taxes on the property, activities or instrumentalities of the United States which one of the several States could not impose; nor will any provision of this Article be deemed to affect the operation of the

50 USC app. 501.

Soldiers and Sailors Civil Relief Act of 1940, as amended, which will be applicable, to the Northern Mariana Islands as it is applicable to Guam.
“Section 606.

Northern Mariana Islands Social Security Retirement Fund, transfer to U.S. Treasury.

 (a) Not later than at the time this Covenant is approved, that portion of the Trust Territory Social Security Retirement Fund attributable to the Northern Mariana Islands will be transferred to the Treasury of the United States, to be held in trust as a 90 STAT. 271separate fund to be known as the ‘Northern Mariana Islands Social Security Retirement Fund’. This fund will be administered by the United States in accordance with the social security laws of the Trust Territory of the Pacific Islands in effect at the time of such transfer, which may be modified by the

Administration.

Government of the Northern Mariana Islands only in a manner which does not create any additional differences between the social security laws of the Trust Territory of the Pacific Islands and the laws described in Subsection (b). The United States will supplement such fund if necessary to assure that persons receive benefits therefrom comparable to those they would have received from the Trust Territory’ Social Security Retirement Fund under the laws applicable thereto on the day preceding the establishment of the Northern Mariana Islands Social Security Retirement Fund, so long as the rate of contributions thereto also remains comparable. “(b) Those laws of the United States which impose excise and self-employment taxes to support or which provide benefits from the United States Social Security System will upon termination of the Trusteeship Agreement or such earlier date as may be agreed to by the Government of the Northern Mariana Islands and the Government of the United States become applicable to the Northern Mariana Islands as they apply to Guam. “(c) At such time as the laws described in Subsection (b) become applicable to the Northern Mariana Islands: “(1) the Northern Mariana Islands Social Security Retirement Fund will be transferred into the appropriate Federal Social Security Trust Funds; “(2) prior contributions by or on behalf of persons domiciled in the Northern Mariana Islands to the Trust Territory Social Security Retirement Fund or the Northern Mariana Islands Social Security Retirement Fund will be considered to have been made to the appropriate Federal Social Security Trust Funds for the purpose of determining eligibility of those persons in the Northern Mariana Islands for benefits under those laws; and “(3) persons domiciled in the Northern Mariana Islands who are eligible for or entitled to social security benefits under the laws of the Trust Territory of the Pacific Islands or of the Northern Mariana Islands will not lose their entitlement, and will be eligible for or entitled to benefits under the laws described in Subsection (b).
“Section 607. (a) All bonds or other obligations issued by the

Bonds and other obligations, exemption.

 Government of the Northern Mariana Islands or by its authority will be exempt, as to principal and interest, from taxation by the United States, or by any State, territory or possession of the United States, or any political subdivision of any of them. “(b) During the initial seven year period of financial assistance provided for in Section 702, and during such subsequent periods of financial assistance as may be agreed, the Government of the Northern Mariana Islands will authorize no public indebtedness (other than bonds or other obligations of the Government, payable solely from revenues derived from any public improvement or undertaking) in excess of ten percentum of the aggregate assessed valuation of the property within the Northern Mariana Islands.
90 STAT. 272
“Article VII “united states financial assistance
“Section 701. The Government of the United States will assist the Government of the Northern Mariana Islands in its efforts to achieve a progressively higher standard of living for its people as part of the American economic community and to develop the economic resources needed to meet the financial responsibilities of local self-government. To this end, the United States will provide direct multi-year financial support to the Government of the Northern Mariana Islands for local government operations, for capital improvement programs and for economic development. The initial period of such support, will be seven years, as provided in Section 702.
“Section 702.

Seven year grant assistance, appropriation authorization.

 Approval of this Covenant by the United States will constitute a commitment and pledge of the full faith and credit of the United States for the payment, as well as an authorization for the appropriation, of the following guaranteed annual levels of direct grant assistance to the Government of the Northern Mariana Islands for each of the seven fiscal years following the effective date of this Section: “(a) $8.25 million for budgetary support for government operations, of which $250,000 each year will be reserved for a special education training fund connected with the change in the political status of the Northern Mariana Islands; “(b) $4 million for capital improvement projects, of which $500,000 each year will be reserved for such projects on the Island of Tinian and $500,000 each year will be reserved for such projects on the Island of Rota; and “(c) $1,75 million for an economic development loan fund, of which $500,000 each year will be reserved for small loans to farmers and fishermen and to agricultural and marine cooperatives, and of which $250,000 each year will be reserved for a special program of low interest housing loans for low income families.
“Section 703.

Federal programs and services availability.

 (a) The United States will make available to the Northern Mariana Islands the full range of federal programs and services available to the territories of the United States. Funds provided under Section 702 will be considered to be local revenues of the Government of the Northern Mariana Islands when used as the local share required to obtain federal programs and services. “(b) There will be paid into the Treasury of the Government of the Northern Mariana Islands, to be expended to the benefit of the people thereof as that Government may by law prescribe, the proceeds of all customs duties and federal income taxes derived from the Northern Mariana Islands, the proceeds of all taxes collected under the internal revenue laws of the United States on articles produced in the Northern Mariana Islands and transported to the United States, its territories or possessions, or consumed in the Northern Mariana Islands, the proceeds of any other taxes which may be levied by the Congress on the inhabitants of the Northern Mariana Islands, and all quarantine, passport, immigration and naturalization fees collected in the Northern Mariana Islands, except that nothing in this Section shall be construed to apply to any tax imposed by Chapters 2 or 21

26 USC 1401, 3101.

of Title 26, United States Code.
“Section 704. (a) Funds provided under Section 702 not obligated or expended by the Government of the Northern Mariana Islands 90 STAT. 273during any fiscal year will remain available for obligation or expenditure by that Government in subsequent fiscal years for the purposes for which the funds were appropriated. “(b) Approval of this Covenant by the United States will constitute

Pro-rata share, appropriation authorization.

 an authorization for the appropriation of a pro-rata share of the funds provided under Section 702 for the period between the effective date of this Section and the beginning of the next succeeding fiscal year. “(c) The amounts stated in Section 702 will be, adjusted for each fiscal year by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index using the beginning of Fiscal Year 1975 as the base. “(d) Upon expiration of the seven year period of guaranteed annual direct grant, assistance provided by Section 702, the annual level of payments in each category listed in Section 702 will continue until Congress appropriates a different amount or otherwise provides by law.
“Article VIII “property
“Section 801. All right, title and interest of the Government of the Trust Territory of the Pacific Islands in and to real property in the Northern Mariana Islands on the date of the signing of this Covenant or thereafter acquired in any manner whatsoever will, no later than upon the termination of the Trusteeship Agreement, be transferred to the Government of the Northern Mariana Islands. All right, title and interest of the Government of the Trust Territory of the Pacific Islands in and to all personal property on the date of the signing of this Covenant or thereafter acquired in any manner whatsoever will, no later than upon the termination of the Trusteeship Agreement, be distributed equitably in a manner to be determined by the Government of the Trust Territory of the Pacific Islands in consultation with those concerned, including the Government of the Northern Mariana Islands.
“Section 802. (a) The following property will be made available

Leased property, U.S. defense purposes.

to the Government of the United States by lease, to enable it to carry out its defense responsibilities: “(1) on Tinian Island, approximately 17,799 acres (7,203 hectares) and the waters immediately adjacent thereto; “(2) on Saipan Island, approximately 177 acres (72 hectares) at Tanapag Harbor; and “(3) on Farallon de Medinilla Island, approximately 206 acres (83 hectares) encompassing the entire island, and the waters immediately adjacent thereto. “(b) The United States affirms that it has no present need for or present intention to acquire any greater interest in property listed above than that winch is granted to it under Subsection 803(a), or to acquire any property in addition to that listed in Subsection (a), above, in order to carry out its defense responsibilities.
“Section 803. (a) The Government of the Northern Mariana Islands will lease the property described in Subsection 802(a) to the Government of the United States for a term of fifty years, and the Government of the United States will have the option of renewing this lease for all or part of such property for an additional term of fifty years if it so desires at the end of the first term. 90 STAT. 274 “(b) The Government of the United States will pay to the Government of the Northern Mariana Islands in full settlement of this lease, including the second fifty year term of the lease if extended under the renewal option, the total sum of $19,520,600, determined as follows: “(1) for that property on Tinian Island, $17.5 million; “(2) for that property at Tanapag Harbor on Saipan Island, $2 million; and “(3) for that property known as Farttllon de Medinilla, $20,600, The sum stated in this Subsection will be adjusted by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index from the date of signing the Covenant. “(c)

Technical Agreement Regarding Use of Land To Be Leased by the U.S.

 A separate Technical Agreement Regarding Use of Land To Be Leased by the United States in the Northern Mariana Islands will be executed simultaneously with this Covenant. The terms of the lease to the United States will be in accordance with this Section and with the terms of the Technical Agreement. The Technical Agreement will also contain terms relating to the leaseback of property, to the joint use arrangements for San Jose Harbor and West Field on Tinian Island, and to the principles which will govern the social structure relations between the United States military and the Northern Mariana Islands civil authorities. “(d) From the property to be leased to it in accordance with this Covenant the Government of the United States will lease, back to the Government of the Northern. Mariana Islands, in accordance with the Technical Agreement, for the sum of one dollar per acre per year, approximately 6,458 acres (2,614 hectares) on Tinian Island and approximately 44 acres (18 hectares) at Tanapag Harbor on Saipan Island, which will be used for purposes compatible with their intended military use. “(e) From the property to be leased to it at Tanapag Harbor on Saipan Island the Government of the United States will make available to the Government of the Northern Mariana Islands 133 acres (54 hectares) at no cost. This property will be set aside for public use as an American memorial park to honor the American and Marianas dead in the World War II Marianas Campaign. The $2 million received from the Government of the United States for the lease of this property will be placed into a trust fund, and used for the development and maintenance of the park in accordance with the Technical Agreement.
“Section 804. (a) The Government of the United States will cause all agreements between it and the Government of the Trust. Territory of the Pacific Islands which grunt to the Government of the United States use or other rights in real property in the Northern Mariana Islands to be terminated upon or before the effective date of the Section. All right, title and interest, of the Government of the Trust Territory of the Pacific Islands in and to any real property with respect to which the Government of the United States enjoys such use or other rights will be transferred to the Government of the Northern Mariana Islands at the time of such termination. From the time such right, title and interest is so transferred the Government of the Northern Mariana Islands will assure the Government of the United States the continued use of the real property then actively used by the Government of the United States for civilian governmental purposes on terms comparable to those enjoyed by the Government of the United 90 STAT. 275States under its arrangements with the Government of the Trust Territory of the Pacific Islands on the date of the signature of this Covenant. “(b) All facilities at Isely Field developed with federal aid and

Isely Field facilities, availability to U.S.

all facilities at that field usable for the landing and take-off of aircraft will be available to the United States for use by military and naval aircraft, in common with other aircraft, at all times without charge, except, if the use by military and naval aircraft shall be substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining the facilities so used may be charged at a rate established by agreement between the Government of the Northern Mariana Islands and the Government of the United States.
“Section 805. Except as otherwise provided in this Article, and

Landholding restrictions.

notwithstanding the other provisions of this Covenant, or those provisions of the Constitution, treaties or laws of the United States applicable to the Northern Mariana Islands, the Government of the Northern Mariana Islands, in view of the importance of the ownership of land for the culture and traditions of the people of the Northern Mariana Islands, and in order to protect them against exploitation and to promote their economic advancement and self-sufficiency: “(a) will until twenty-five years after the termination of the Trusteeship Agreement, and may thereafter, regulate the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interests to persons of Northern Mariana Islands descent; and “(b) may regulate the extent to which a person may own or hold land which is now public land.
“Section 806. (a) The United States will continue to recognize and respect the scarcity and special importance of land in the Northern Mariana Islands. If the United States must acquire any interest in real property not transferred to it under this Covenant, it will follow the policy of seeking to acquire only the minimum area necessary to accomplish the public purpose for which the real property is required, of seeking only the minimum interest in real property necessary to support such public purpose, acquiring title only if the public purpose cannot be accomplished if a lesser interest is obtained, and of seeking first to satisfy its requirement by acquiring an interest in public rather than private real property. “(b) The United States may, upon prior written notice to the Government of the Northern Mariana Islands, acquire for public purposes in accordance with federal laws and procedures any interest in real property in the Northern Mariana Islands by purchase, lease, exchange, gift, or otherwise under such terms and conditions as may be negotiated by the parties. The United States will in all cases attempt to acquire any interest in real property for public purposes by voluntary means under this Subsection before exercising the power of eminent domain. No interest in real property will be acquired unless duly authorized by the Congress of the United States and appropriations are available therefor. “(c) In the event it is not possible for the United States to obtain an interest in real property for public purposes by voluntary means, it may exercise within the Commonwealth the power of eminent domain to the same extent and in the same manner as it has and can exercise the power of eminent domain in a State of the Union. The power of

Power of eminent domain.

eminent domain will be exercised within the Commonwealth only to the extent necessary and in compliance with applicable United States laws, and with full recognition of the due process required by the United States Constitution.

USC prec. title 1.
90 STAT. 276
“Article IX “northern mariana islands representative and consultation
“Section 901. The Constitution or laws of the Northern Mariana Islands may provide for the appointment or election of a Resident Representative to the United States, whose term of office will be two years, unless otherwise determined by local law, and who will be entitled to receive official recognition as such Representative by all of the departments and agencies of the Government of the United States upon presentation through the Department, of State of a certificate of selection from the Governor. The Represenative must be a citizen and resident, of the Northern Mariana Islands, at least twenty-five years of age, and, after termination of the Trusteeship Agreement, a citizen of the United States.
“Section 902. The Government of the United States and the Government of the Northern Mariana Islands will consult regularly on all

Special representatives, report.

matters affecting the relationship between them. At the request of either Government, and not less frequently than every ten years, the President of the United States and the Governor of the Northern Mariana Islands will designate special representatives to meet and to consider in good faith such issues affecting the relationship between the Northern Mariana Islands and the United States as may be designated by either Government and to make a report and recommendations with respect thereto. Special representatives will be appointed in any event to consider and to make recommendations regarding future multi-year financial assistance to the Northern Mariana Islands pursuant to Section 701, to meet at least one year prior to the expiration of every period of such financial assistance.
“Section 903. Nothing herein shall prevent the presentation of cases or controversies arising under this Covenant to courts established by the Constitution or laws of the United States. It is intended that any such eases or controversies will be justiciable in such courts and that the undertakings by the Government of the United States and by the Government of the Northern Mariana Islands provided for in this Covenant will be enforceable in such courts.
“Section 904. (a) The Government of the United States will give sympathetic consideration to the views of the Government of the Northern Mariana Islands on international matters directly affecting the Northern Mariana Islands and will provide opportunities for the effective presentation of such views to no less extent than such opportunities are provided to any other territory or possession under comparable circumstances. “(b)

Promotion of local tourism.

 The United States will assist and facilitate the establishment by the Northern Mariana Islands of offices in the United States and abroad to promote local tourism and other economic or cultural interests of the Northern Mariana Islands. “(c) On its request, the Northern Mariana Islands may participate in regional and other international organizations concerned with social, economic, educational, scientific, technical and cultural matters when similar participation is authorized for any other territory or possession of the United States under comparable circumstances.
90 STAT. 277
“Article X “approval, effective dates, and definitions
“Section 1001. (a) This Covenant will be submitted to the Mariana Islands District Legislature for its approval. After its approval by the Mariana Islands District Legislature, this Covenant will be submitted to the people of the Northern Mariana Islands for approval in a plebiscite to tie called by the United States. Only persons who are domiciled exclusively in the Northern Mariana Islands and who meet such other qualifications, including timely registration, as are promulgated by the United States as administering authority will be eligible to vote in the plebiscite. Approval must be by a majority of at least 55% of the valid votes cast, in the plebiscite. The results of the plebiscite will be certified to the President of the United States. “(b) This Covenant will be approved by the United States in

Covenant approval by U.S.

accordance with its constitutional processes and will thereupon become law.
“Section 1002. The President of the United States will issue a

Trusteeship Agreement termination; establishment of Commonwealth, proclamation.

proclamation announcing the termination of the Trusteeship Agreement, or the date on which the Trusteeship Agreement will terminate, and the establishment of the Commonwealth in accordance with this Covenant. Any determination by the President that the Trusteeship Agreement has been terminated or will be terminated on a day certain will be final and will not be subject to review by any authority, judicial or otherwise, of the Trust Territory of the Pacific Islands, the Northern Mariana Islands or the United States.
“Section 1003. The provisions of this Covenant will become effective

Effective dates.

as follows, unless otherwise specifically provided: “(a) Sections 105, 201–203, 503, 504, 606, 801, 903 and Article X will become effective on approval of this Covenant; “(b) Sections 102, 103, 204, 304, Article IV, Sections 501, 502, 505, 601–605,.607, Article VII, Sections 802–805, 901 and 902 will become effective on a date to be determined and proclaimed by the President of the United States which will be not more than 180 days after this Covenant and the Constitution of the Northern Mariana Islands have both been approved; and “(c) The remainder of this Covenant will become effective upon the termination of the Trusteeship Agreement and the establishment of the Commonwealth of the Northern Mariana Islands.
“Section 1004. (a) The application of any provision of the Constitution or laws of the United States which would otherwise apply to the Northern Mariana Islands may be suspended until termination of the Trusteeship Agreement if the President finds and declares that the application of such provision prior to termination would be inconsistent with the Trusteeship Agreement. “(b) The Constitution of the Northern Mariana Islands will become

Constitution of the Northern Mariana Islands, effective date.

effective in accordance with its terms on the same day that the provisions of this Covenant specified in Subsection 1003(b) become effective, provided that if the President finds and declares that the effectiveness of any provision of the Constitution of the Northern Mariana Islands prior to termination of the Trusteeship Agreement would be inconsistent with the Trusteeship Agreement such provision will be ineffec-90 STAT. 278tive until termination of the Trusteeship Agreement. Upon the establishment of the Commonwealth of the Northern Mariana Islands the Constitution will become effective in its entirety in accordance with its terms as the Constitution of the Commonwealth of the Northern Mariana Islands.
“Section 1005.

Definitions.

 As used in this Covenant: “(a) ‘Trusteeship Agreement’ means the Trusteeship Agreement for the former Japanese Mandated Islands concluded between the Security Council of the United Nations and the United States of America, which entered into force on July 18, 1947; “(b) ‘Northern Mariana Islands’ means the area now known as the Mariana Islands District of the Trust Territory of the Pacific Islands, which lies within the area north of 14° north latitude, south of 21° north latitude, west of 150° east longitude and east of 144° east longitude; “(c) ‘Government of the Northern Mariana Islands’ includes, as appropriate, the Government of the Mariana Islands District of the Trust Territory of the Pacific Islands at the time this Covenant is signed, its agencies and instrumentalities, and its successors, including the Government of the Commonwealth of the Northern Mariana Islands; “(d) ‘Territory or possession’ with respect to the United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa; “(e)

‘Domicile’ means that place where a person maintains a residence with the intention of continuing such residence for an unlimited or indefinite period, and to which such poison has the intention of returning whenever he is absent, even for an extended period.

“Signed at Saipan, Mariana Islands on the fifteenth day of February, 1975.

“For the people of the Northern Mariana Islands:

Edward DLG. Pangelinan, Chairman, Marianas Political Status Commission. Vicente N. Santos. Vice Chairman, Marianas Political Status Commission.

“For the United States of America:

Ambassador F. Haydn Williams, Personal Representative of the President of the United States.

“Members of the Marianas Political Status Commission:

Juan LG. Cabrera. Vicente T. Camacho. Jose R. Cruz. Bernard V. Hofschneider. Benjamin T. Manglona. Daniel T. Muna. Dr. Francisco T. Palacios. Joaquin I. Pangelinan. Manuel A. Sablin. Joannes B. Taimanao. Pedro A. Tenorio.”
90 STAT. 279
Sec. 2. It is the sense of the Congress that pursuant to section 902

Special representatives, appointment by President, report to Congress.

48 USC 1681 note.

of the foregoing Covenant, and in any case within ten years from the date of the enactment of this resolution, the President of the United States should request, on behalf of the United States, the designation of special representatives to meet, and to consider in good faith such issues affecting the relationship between the Northern Mariana Islands and the United States as may he designated by either Government and to make a report and recommendations with respect thereto.
Approved March 24, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–364 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 94–433 (Comm. on Interior and Insular Affairs) and No. 94–596 (Committees on Foreign Relations and Armed Services). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 21, considered and passed House.

Vol. 122 (1976): Feb. 24, considered and passed Senate, amended.

Mar. 11, House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol, 12, No. 13 (1976): Mar. 24. Presidential statement.

 Public Law 94–242: To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Rolla, Missouri, for airport purposes. Public Law 242 Public Law 94–242 90 Stat. 280 1976-03-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 280 Public Law 94–242 94th Congress
An Act To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Rolla, Missouri, for airport purposes.

Mar. 24, 1976

[H.R. 1313]

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

Rolla, Mo.

Airport property restrictions, release.

49 USC 1716.
That, notwithstanding section 16 of the Federal Airport Act (as in effect on October 6, 1958), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated October 6, 1958, under which the United States conveyed certain property to the city of Rolla, Missouri, for airport purposes.
Sec. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Rolla, Missouri, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated October 6, 1958, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operations, or maintenance of a public, airport.
Approved March 24, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–824 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol, 122 (1976):

Feb. 17, considered and passed House.

Mar. 11, considered and passed Senate.

 Public Law 94–243: To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Algona, Iowa, for airport purposes. Public Law 243 Public Law 94–243 90 Stat. 281 1976-03-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 281 Public Law 94–243 94th Congress
An Act To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Algona, Iowa, for airport purposes.

Mar. 24, 1976

[H.R. 2575]

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

Algona, Iowa.

Airport property restrictions, release.

49 USC 1716.

section 16 of the Federal Airport Act (as in effect on March 20, 1947), the Secretary of Transport al ion is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated March 20, 1947, under which the United States conveyed certain property to the city of Algona, Iowa, for airport purposes.
Sec. 2. Any release, granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Algona, Iowa, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated March 20, 1947, the city will receive an amount for such interest, which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport.
Approved March 24, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–823 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 17, considered and passed House.

Mar. 11, considered and passed Senate.

 Public Law 94–244: To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Grand Junction. Colorado, for airport purposes. Public Law 244 Public Law 94–244 90 Stat. 282 1976-03-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 282 Public Law 94–244 94th Congress
An Act To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Grand Junction. Colorado, for airport purposes.

Mar. 24, 1976

[H.R. 3440]

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

Grand Junction, Colo.

Airport property restrictions, release

49 USC 1716.
That, notwithstanding section 16 of the Federal Airport. Act (as in effect on September 14, 1951), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated September 14, 1951, under which the United States conveyed certain property to the city of Grand Junction, Colorado, for airport purposes.
Sec. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall he subject to the following conditions: (1) The city of Grand Junction, Colorado, shall agree, that in conveying any interest in the property which the United States conveyed to the city by deed dated September 14, 1951, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport.
Approved March 24, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–827 (Comm. on Public Work and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 17, considered and passed House.

Mar. 11, considered and passed Senate.

 Public Law 94–245: To authorize the Secretary of Transportation to release restrictions Oil the use of certain property conveyed to the city of Alva, Oklahoma, for airport purposes. Public Law 245 Public Law 94–245 90 Stat. 283 1976-03-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 283 Public Law 94–245 94th Congress
An Act To authorize the Secretary of Transportation to release restrictions Oil the use of certain property conveyed to the city of Alva, Oklahoma, for airport purposes.

Mar. 24, 1976

[H.R. 9617]

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

Alva, Okla.

Airport property restrictions, release.

49 USC 1716.

section 16 of the Federal Airport Act (as in effect on July 17, 1947), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (59 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated July 17, 1947, under which the United States conveyed certain property to the city of Alva, Oklahoma, for airport purposes.
Sec. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Alva, Oklahoma, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated July 17, 1947, the city will receive an amount for such interest which is equal to t he fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport.
Approved March 24, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–831 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 17, considered and passed House.

Mar. 11, considered and passed Senate.

 Public Law 94–246: To designate the Veterans’ Administration hospital In Loma Linda, California, as the “Jerry L, Pettis Memorial Veterans’ Hospital”, and for other purposes. Public Law 246 Public Law 94–246 90 Stat. 284 1976-03-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 284 Public Law 94–246 94th Congress
An Act To designate the Veterans’ Administration hospital In Loma Linda, California, as the “Jerry L, Pettis Memorial Veterans’ Hospital”, and for other purposes.

Mar. 25, 1976

[H.R. 4034]

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

Jerry L. Pettis Memorial Veterans’ Hospital, Calif.

Designation.
That the Veterans’ Administration hospital at Loma Linda, California, shall hereafter be known and designated as the “Jerry L. Pettis Memorial Veterans’ Hospital”, Any reference to such hospital in any law, regulation, document, record, or other paper of the United States shall be deemed a reference to it as the Jerry L. Pettis Memorial Veterans’ Hospital.
Sec. 2. The Administrator of Veterans’ Affairs is authorized to provide such memorial at the above-named hospital as he may deem suitable to preserve the remembrance of the late Jerry L. Pettis.
Approved March 25, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–486 (Comm. on Veterans’ Affairs). SENATE REPORTS No. 94–693 (Comm. on Veterans’ Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct, 6, considered and passed House.

Vol. 122 (1976): Mar. 15, considered and passed Senate.

 Public Law 94–247: To amend the Agricultural Adjustment Act of 1938 with respect to peanuts. Public Law 247 Public Law 94–247 90 Stat. 285 1976-03-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 285 Public Law 94–247 94th Congress
An Act To amend the Agricultural Adjustment Act of 1938 with respect to peanuts.

Mar. 25, 1976

[S. 1545]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 358

Peanuts.

Acreage allotment, transfer.

7 USC 1358.

of the Agricultural Adjustment Act of 1938 be amended by adding a new subsection (j) to read as follows: “(j) Notwithstanding any other provision of this Act, if the Secretary determines for 1976 or a subsequent year that because of a natural disaster a portion of the farm peanut acreage allotments in a county cannot be timely planted or replanted in such year, he may authorize for such year the transfer of all or a part of the peanut acreage allotments for any farm in the county so affected to another farm in the county or in an adjoining county in the same or an adjoining State on which one or more of the producers on the farm from which the transfer is to be made will be engaged in the production of peanuts and will share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any farm allotment transferred under this subsection shall be deemed to be released acreage for the purpose of acreage history credits under subsection (g) of this section and section 377 of this Act: Provided, That notwithstanding

7 USC 1377.

the provisions of subsection (g) of this section, the transfer of any farm allotment under this subsection shall operate to make the farm from which the allotment was transferred eligible for an allotment as having peanuts planted thereon during the three-year base period.”.
Approved March 25, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–855 (Comm. on Agriculture). SENATE REPORTS No. 94–451 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 12, considered and passed Senate.

Vol. 122 (1976): Mar. 15, considered and passed House, amended.

Mar. 17, Senate concurred in House amendment.

 Public Law 94–248: To amend the Regional Rail Reorganization Act of 1873, as amended. Public Law 248 Public Law 94–248 90 Stat. 286 1976-03-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 286 Public Law 94–248 94th Congress
Joint Resolution To amend the Regional Rail Reorganization Act of 1873, as amended.

Mar. 25, 1976

[S.J. Res. 184]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Regional Rail Reorganization Act of 1973, amendments.

45 USC 702.

Ante, p. 104.

45 USC 746.
That section 102(3) of the Regional Rail Reorganization Act of 1973, as amended, is amended by inserting after “Act” the phrase “or its successor by merger, consolidation or other form of succession carried out under applicable law for the purpose of changing the State of its incorporation”.
Sec. 2. Subparagraph (A) of paragraph (3) of section 306(c) of the Regional Rail Reorganization Act of 1973, as amended, is amended by striking “without regard to” and by inserting in lieu thereof “adjusted to reflect”.
Sec. 3.

Common stock shares.

45 USC 746.

 Subparagraph (B) of paragraph (3) of section 306(c) of the Regional Rail Reorganization Act of 1973, as amended, is amended to read as follows: “(B) the number of shares of common stock determined by dividing the total number of shares of common stock distributed

45 USC 743.

pursuant to section 303(c)(4) of this Act to the transferor receiving such series of certificates of value (adjusted to reflect any stock splits, stock combinations, reclassifications, or similar transactions affecting the number of shares of outstanding common stock following the date of distribution pursuant to section 303(c)(4) of this title) by the total number of certificates of value in t he series so distributed to such transferor.”.
Sec. 4.

45 USC 741.

 Paragraph (2) of subsection (e) of section 301 of the Regional Rail Reorganization Act of 1973, as amended, is amended by adding thereto the following sentence: “Notwithstanding anything to the, contrary in the final system plan, the initial authorized number of shares of series B preferred stock may be 35,000,000, and the Corporation may issue initially for the purpose of the deposit required under section 303(a)(1) of this Act such numbers of shares of series B preferred and common stock as the Association shall certify to the

45 USC 719.

Special Court pursuant to section 209(c)(1)(3) of this Act, including any modifications in such numbers of shares as may be ordered by the Special Court for the purpose of, and in connection with, such deposit and certification.”.
Sec. 5.

45 USC 771.

 Section 501 (2) of the Regional Rail Reorganization Act of 1973, as amended, is amended by striking “or to an acquiring railroad” and inserting in lieu thereof “, to an acquiring railroad, or to a State

45 USC 718.

pursuant to section 208(d)(2) of this Act”.
Approved March 25, 1976.
LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 18, considered and passed Senate.

Mar. 22, considered and passed House.

 Public Law 94–249: To rescind certain budget authority recommended in the message of tile President of January 23, 1076 (H. Doc. 94–342), transmitted pursuant to the Impoundment Control Act of 1974. Public Law 249 Public Law 94–249 90 Stat. 287 1976-03-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 287 Public Law 94–249 94th Congress
An Act To rescind certain budget authority recommended in the message of tile President of January 23, 1076 (H. Doc. 94–342), transmitted pursuant to the Impoundment Control Act of 1974.

Mar. 25, 1976

[H.R. 11665]

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

Certain budget authority.

Rescission.

31 USC 1400 note.

rescissions of budget authority contained in the message of the President of January 23, 1976 (H. Doc. 94–342), are made pursuant to the Impoundment Control Act of 1974, namely:
Consumer Product Safety Commission salaries and expenses Appropriations provided under this head in the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1976, are rescinded in the amount of $2,256,000 for the fiscal

89 Stat. 587.

year ending June 30, 1976, and in the amount of $400,000 for the period July 1, 1976, through September 30, 1976. Selective Service System salaries and expenses Appropriations provided under this head in the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1976, are rescinded in the amount of $1,775,000 for the, period July 1, 1976, through September 30, 1976. DEPARTMENT OF THE INTERIOR Bureau of Land Management public lands development roads and trails Contract authority provided in the Federal-Aid Highway Act of 1973 for Public Lands Development Roads and Trails in the amount

23 USC 101 note.

of $4,900,000, available until June 30, 1976, is rescinded. National Park Service road construction Contract authority provided in the Federal-Aid Highway Act of 1973 for Road Construction in the amount of $58,500,000, available until June 30, 1976, is rescinded. 90 STAT. 288 DEPARTMENT OF STATE Educational Exchange mutual educational and cultural exchange activities

89 Stat. 616.

Appropriations provided under this head in the Department of State Appropriation Act, 1976, are rescinded in the amount of $5,000,000 for the fiscal year ending June 30, 1976, and in the amount of $3,000,000 for the period July 1, 1976, through September 30, 1976. Approved March 25, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–808 (Comm. on Appropriations). SENATE REPORTS No. 94–640 (Comm. on Appropriations) and (Comm. on the Budget). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 10, considered and passed House.

Feb. 26, considered and passed Senate, amended.

Mar. 11, House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 14:

Mar. 29, Presidential statement.

 Public Law 94–250: For the relief of South eastern University of the District of Columbia. Public Law 250 Public Law 94–250 90 Stat. 289 1976-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 289 Public Law 94–250 94th Congress
An Act For the relief of South eastern University of the District of Columbia.

Mar. 29, 1976

[S. 611]

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

Southeastern University, D.C,

 of incorporation and certificate of amendment, thereto for the incorporation of the Southeastern University of the District of Columbia under subchapter 1 of chapter 18 of the Code of Laws of the District of Columbia (1929 D.C. Code, title 5, ch. 8) be and the same are hereby, approved and confirmed, except as herein specifically altered and amended.
Sec. 2. That the name of the corporation shall be Southeastern University.
Sec. 3. The management of the said corporation shall be vested in

Board of trustees.

 a board of trustees consisting of not less than nine nor more than thirty in number as determined from time to time by said board of trustees, one-third of whom, at all times, shall be graduates of said university, of the qualifications prescribed by said board of trustees, nominated by the alumni of said university in the manner prescribed by said board of trustees, and all of whom shall be elected by said board of trustees. Each trustee shall be elected for a term of office of three

Term.

 years from the date of expiration of the term for which his predecessor was elected; except that (1) in expanding or reducing the number of trustees under this Act, the board of trustees shall have the authority to fix or adjust the terms of office of such additional or remaining trustees, as the case may be, so that the term of office of not more than one-third of the trustees shall expire annually; and (2) a trustee elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be elected only for the unexpired term of such predecessor.
Sec. 4. That the said board of trustees is authorized to (a) make,

Functions.

 alter, and repeal bylaws for the management of the said corporation and rules and regulations for the government of the university and the schools, faculty, and students thereof; (b) elect as officers of the said corporation and fix the salaries of a president, a treasurer, and a secretary, and such other officers as it may find necessary, for the respective terms and with the respective powers and duties as fixed by the bylaws of the said corporation; (c) appoint, from among their number, as officers of the said board of trustees and fix the salaries of a chairman, a vice chairman, and a secretary, and such other officers as it may find necessary, for the respective terms and with the respective powers and duties as fixed by the laws of the said corporation; (d) remove any trustee when, in its judgment, he shall be found incapable, by age or otherwise, of performing or discharging, or shall neglect or refuse to perform or discharge, the duties of his office; (e) determine and establish from time to time additional schools in all departments of sciences, liberal arts, and the professions, and the courses of instruction therein; (f) determine and establish, from time90 STAT. 290 to time, additional professorships; (g) appoint, from time to time, such deans, professors, tutors, and instructors as it may deem necessary, and fix their respective terms, duties, and salaries; and (h) grant and confer degrees, but only upon the recommendation of the appropriate school.
Sec. 5.

Seal and corporation powers.

 That the said corporation may have and use a common seal and alter and change the same at pleasure, and shall have power, in its corporate name, (a) to sue and he sued; (b) to plead and be impleaded; and (c) to acquire real, personal, and mixed property by grant, gift, purchase, bargain and sale, conveyance, will, devise, bequest, or otherwise to hold, use, and maintain the same solely for the purposes of education and to demise, let, mortgage, or otherwise lien, grant, sell, exchange, convey, transfer, place out at interest, or otherwise dispose of the same for its use in such manner as shall seem most beneficial thereto; subject to conforming to the express conditions of the donor of any gift, devise, or bequest with regard thereto accepted by it: Provided, That it shall not hold more land at any one time than necessary for the purpose of education, unless it shall have received the same by gift, grant, or devise, in which case it shall sell and dispose of so much of the same as may not be necessary for said purposes within fifteen years from the date of acquisition, otherwise the same shall revert to the donor or his heirs.
Sec. 6.

Income, use.

 The income of said corporation from all sources whatsoever shall be held in the name of the corporation and supplied to the maintenance, endowment, promotion, and advancement of the said university, subject to conforming to the express conditions of the donor of any gift, devise, or bequest accepted by said corporation, with regard to the income therefrom.
Sec. 7.

Discrimination, prohibition.

 That no person shall ever lie required to profess any particular religious denomination, sentiment, or opinion as a condition to becoming and continuing a member of the faculty or a student, with the full benefits, privileges, and advantages thereof.
Sec. 8. That no institution of learning hereafter incorporated in the District of Columbia shall use in or as its title, in whole or in part, the words “Southeastern University”.
Sec. 9. Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for educational purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the

26 USC 501.

 Internal Revenue Code of 1954 or the corresponding provision of any future United States internal revenue law, as the board of trustees shall determine.
90 STAT. 291
Sec. 10. That nothing in this Act contained shall be construed as preventing the Congress from amending, annulling, or repealing the same or any part thereof.
Sec. 11. The provisions of sections 2 and 3 of the Act of August 30, 1964 (Public Law 88–504; sections 2 and 3, 73 Stat. 636; 36 U.S.C.

78 Stat. 636.

 1102, 1103) entitled “An Act to provide for audit of accounts of private corporations established under Federal law” shall apply with respect to the corporation.
Approved March 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–551 (Comm. on the Judiciary). SENATE REPORT No. 94–205 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 19, considered and passed Senate.

Nov. 3, considered and passed House, amended.

Vol. 122 (1976): Mar. 17, Senate concurred in House amendment.

 Public Law 94–251: To authorize the sale and shipment incident to such sale of the chemical substance carbonyl chloride by the Department of Defense. Public Law 251 Public Law 94–251 90 Stat. 292 1976-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 292 Public Law 94–251 94th Congress
An Act To authorize the sale and shipment incident to such sale of the chemical substance carbonyl chloride by the Department of Defense.

Mar. 29, 1976

[H.R. 9570]

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

Carbonyl chloride.

Disposal.
Section 1. The Secretary of Defense is authorized to dispose of the entire inventory of the chemical substance carbonyl chloride under his jurisdiction by sale within the United States of the carbonyl chloride or of any commercially available derivative thereof.
Sec. 2. Nothing contained in section 409 of Public Law 91–121, as

50 USC 1512.

50 USC 1513.

 amended, or in section 506 of Public Law 91–441, shall be deemed to restrict any sale authorized by section 1 hereof, or any transportation incident to such sale.
Approved March 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–635 (Comm. on Armed Services). SENATE REPORT No. 94–692 (Comm. on Armed Services). CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 17, considered and passed House.

Vol. 122 (1976): Mar. 16, considered and passed Senate.

 Public Law 94–252: Making supplemental railroad appropriations for the fiscal year ending June 30, 1076, the period ending September 30, 1070, the fiscal year ending September 30, 1978, and the fiscal year ending September 30, 1979, and for other purposes. Public Law 252 Public Law 94–252 90 Stat. 293 1976-03-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 293 Public Law 94–252 94th Congress
Joint Resolution Making supplemental railroad appropriations for the fiscal year ending June 30, 1076, the period ending September 30, 1070, the fiscal year ending September 30, 1978, and the fiscal year ending September 30, 1979, and for other purposes.

Mar. 30, 1976

[H.J. Res. 801]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are

Railroads.

Supplemental appropriations.

 appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1976, the period ending September 30, 1976, the fiscal year ending September 30, 1978, and the fiscal year ending September 30, 1979, and for other purposes, namely:
DEPARTMENT OF TRANSPORTATION Federal Railroad Administration northeast corridor improvement program

For necessary expenses related to Northeast Corridor improvements for fiscal year 1976, $25,000,000, to remain available until expended.

For necessary expenses related to Northeast Corridor improvements for the period July 1, 1976 through September 30, 1976, $25,000,000, to remain available until expended.

 Grants to the National Railroad Passenger Corporation For additional amounts for “Grants to the National Railroad Passenger Corporation”, $36,500,000 to remain available until expended: Provided, That not to exceed $21,200,000 in fiscal year 1976 and $5,300,000 in the period July 1, 1976, through September 30, 1976, shall be available for additional operating expenses for the Corporation in connection with the Corporation’s additional operating responsibilities over the rail properties of the Northeast Corridor; non-recurring costs related to the initial assumption of control and responsibility for maintaining rail operations on the Northeast Corridor, $10,000,000. Urban Mass Transportation Administration urban mass transportation fund rail service operating payments

For an additional payment to the Urban Mass Transportation Fund there is hereby appropriated to remain available until expended, for the purposes of the Urban Mass Transportation Act of 1964, as amended by Public Law 94–210, $25,000,000.

49 USC 1601 note.

Ante, p. 143.

89 Stat. 710.

The amount appropriated in preceding paragraph shall be added, as needed, to the limitations contained in section 306 of Public Law 94–134.

 90 STAT. 294 UNITED STATES RAILWAY ASSOCIATION Payments fob Purchase of ConRail Securities

For acquisition of debentures and series A preferred stock issued by the Consolidated Rail Corporation to remain available until expended, $500,000,000 for fiscal year 1976 and $350,000,000 for the period July 1, 1976 through September 30, 1976: Provided, That not to exceed $308,000,000 shall be made available to the Corporation for operating losses of the Corporation.

For acquisition of debentures and series A preferred stock issued by the Consolidated Rail Corporation to become available on September 30, 1976, and to remain available until expended, $615,000,000: Provided, That not to exceed $200,000,000 shall be made available to the Corporation for operating losses of the Corporation.

For acquisition of debentures and series A preferred stock issued by the Consolidated Rail Corporation to remain available until expended, $425,000,000 for fiscal year 1978 and $136,000,000 for fiscal year 1979.

 Administration Expenses For an additional amount for “Administrative expenses” for fiscal year 1976, $5,800,000, to remain available until expended. miscellaneous provisions

5 USC 8344 note.

On and after the date of the enactment of the joint resolution, the provisions of section 8344 of title 5, United States Code, shall not apply to any individual serving as a member of the Commission on the Operation of the Senate. Approved March 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–832 (Comm. on Appropriations) and No. 94–941 (Comm. of Conference). SENATE REPORT No. 94–637 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 18, considered and passed House.

Feb. 25, 26, considered and passed Senate, amended.

Mar. 25, House agreed to conference report, concurred in Senate amendments; Senate agreed to conference report.

 Public Law 94–253: To provide tax treatment for exchanges under the final system plan for ConRail. Public Law 253 Public Law 94–253 90 Stat. 295 1976-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 295 Public Law 94–253 94th Congress
An Act To provide tax treatment for exchanges under the final system plan for ConRail.

Mar. 31, 1976

[H.R. 12490]

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

ConRail exchanges.

Tax treatment.
SECTION 1. TAX TREATMENT OF EXCHANGES UNDER THE FINAL SYSTEM PLAN FOR CONRAIL. (a) In General.— Section 374 of the Internal Revenue Code of 1954 (relating to gain or loss not recognized in certain railroad

26 USC 374.

 reorganizations) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Exchanges Under the Final System Plan for ConRail.— “(1) In general.— No gain or loss shall be recognized if, in order to carry out the final system plan, rail properties of a transferor railroad corporation are transferred to the Consolidated Rail Corporation (or any subsidiary thereof) pursuant to an order of the special court under section 303 or 305(d) of the Regional Rail Reorganization Act of 1973 in exchange solely for stock of the

45 USC 743.

Ante, p. 100

45 USC 745.

 Consolidated Rail Corporation, securities of such Corporation, certificates of value of the United States Railway Association, or any combination thereof. “(2) Exchanges not solely in kind.— If paragraph (1) would apply to an exchange if it were not for the fact, that the property received in exchange consists not only of property permitted by paragraph (1) to lie received without the recognition of gain or loss, but also of other property or money, then rules similar to the rules set forth in paragraph (2) or (3) of subsection (a) (whichever is appropriate) shall be applied. “(3) Basis.— The basis of the property transferred to the Consolidated Rail Corporation (or any subsidiary thereof) in an exchange to which paragraph (1) or (2) applies shall be determined under rules similar to the rules set forth in subsection (b). “(4) Denial of net operating loss carryovers to conrail.— Neither the Consolidated Rail Corporation nor any subsidiary thereof shall succeed to any net operating loss carryover of any transferor rail load corporation. “(5) Definitions.— For purposes of this subsection— “(A) Rail properties.— The term ‘rail properties’ means rail properties within the meaning of paragraph (12) of section 102 of the Regional Rail Reorganization Act of 1973.

45 USC 702.

 “(B) Transferor railroad corporation.— The term ‘transferor railroad corporation’ means a corporation which, on March 11, 1976, was— “(i) a railroad in reorganization (within the meaning of paragraph (14) of section 102 of the Regional Rail Reorganization Art of 1973) in the region ( within the meaning of paragraph (15) of such section 102), or “(ii) a corporation leased, operated, or controlled by such a railroad in reorganization. 90 STAT. 296 “(C) Final system plan.— The term ‘final system plan’ means the final system plan (within the meaning of paragraph

45 USC 702.

Ante, p. 100.

45 USC 745.

 (6) of section 102 of such Act). Such term includes supplemental transactions under section 305 of such Act. “(D) Subsidiary.— The term ‘subsidiary’ means any corporation 100 percent of whose total combined voting shares are, directly or indirectly, owned or controlled by the Consolidated Rail Corporation.” (b) Basis Amendments.— (1) Basis of property received by transferor railroad corporations.—

26 USC 358.

 Section 358(a) of such Code (relating to basis to distributes) is amended by striking out “or 371 (b) ” and inserting in lieu thereof “371(b), or 374”. (2) Allocation of basis.— Subsection (b) of sec t ion 358 of such Code (relating to allocation of basis) is amended by adding at the end thereof the following new paragraph: “(3) Certain exchanges involving conrail.— To the extent provided in regulations prescribed by the Secretary or his delegate, in the case of an exchange to which section 354(d)(or so much of section 356 as relates to section 354(d)) or section 374(c) applies, for purposes of allocating basis under paragraph (1), Stock of the Consolidated Rail Corporation and the certificate of value of the United States Railway Association which relates to such stock shall, so long as they are held by the same person, be treated as one property.” (c) Effects on Shareholders and Security Holders.— Section 354

26 USC 354.

 of such Code (relating to exchanges of stock and securities in certain reorganizations) is amended by adding at the end thereof the following new subsection: “(d) Exchanges Under the Final System Plan for ConRail.— No gain or loss shall be recognized if stock or securities in a corporation are, in pursuance of an exchange to which paragraph (1) or (2) of section 374(c) applies, exchanged solely for stock of the Consolidated Rail Corporation, securities of such Corporation, certificates of value of the United States Railway Association, or any combination thereof.”

26 USC 356.

Clause (i) of section 356(d)(2)(B) of such Code (relating to receipt of additional consideration) is amended by striking out “subsection (c) thereof” and inserting in lieu thereof “subsection (c) or (d) thereof”. (d) Use or Expired Net Operating Loss Carryovers To Offset Income Arising From Certain Railroad Reorganization Proceedings.—

26 USC 374.

 Section 374 of such Code (relating to gain or loss not recognized in certain railroad reorganizations) is amended by adding at the end thereof the following new subsection: “(e) Use of Expired Net Operating Loss Carryovers To Offset Income Arising From Certain Railroad Reorganization Proceedings.— “(1) In general.— If— “(A) any corporation receives or accrues any amount pursuant to— “(i) an award in (or settlement of) a proceeding

11 USC 205.

 under section 77 of the Bankruptcy Act. “(ii) an award in (or settlement of) a proceeding lie fore the special court to carry out section 303(c), 305,

45 USC 743.

Ante, p. 100, 104.

45 USC 745, 746.

 or 306 of the Regional Rail Reorganization Act of 1973. 90 STAT. 297 “(iii) an award in (or settlement, of) a proceeding in the Court of Claims under section 1491 of title 28 of the United States Code, to the extent such proceeding involves a claim arising under the Regional Rail Reorganization Act of 1973, or

45 USC 701 note.

 “(iv) a redemption of a certificate of value of the United States Railway Association issued to such corporation under section 306 of such Act,

Ante, p. 104.

45 USC 746.

 “(B) any portion of such amount is includible in the gross income of such corporation for the taxable year in which such portion is received or accrued, and such taxable year begins not more than 5 years after the date of such award, settlement, or redemption, and “(C) the net operating loss of such corporation for any taxable year— “(i) was a net operating loss carryover to, or arose in, the first taxable year of such corporation ending after March 31, 1976 (or, in the case of a proceeding referred to in subparagraph (A)(i) which began after March 31, 1976, ending after the beginning of such proceeding), but “(ii) solely by reason of the lapse of time, is not a net operating loss carryover to the taxable year referred to in subparagraph (B), then such net operating loss shall be a net operating loss carryover to the taxable year described in subparagraph (B) but only for use (to the extent not theretofore used under this subsection to offset other amounts) to offset the portion referred to in subparagraph (B). “(2) Special rule.— For purposes of paragraph (1)(C)(i), a corporation which was a regulated transportation corporation (within the meaning of section 172(j)) for its last taxable year

26 USC 172.

 ending on or before March 31, 1976, shall be treated as such a regulated transportation corporation for its first taxable year ending after such date.”.
SEC. 2. EFFECTIVE DATE.

26 USC 374 note.

 The amendments made by section 1 shall apply to taxable years ending after March 31, 1976.
Approved March 31, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–940 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol, 122 (1976):

Mar. 24, considered and passed House.

Mar. 25, considered and passed Senate.

 Public Law 94–254: Making further continuing appropriations for the fiscal year 1976, and the period ending September 30, 1976, and for other purposes. Public Law 254 Public Law 94–254 90 Stat. 298 1976-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 298 Public Law 94–254 94th Congress
Joint Resolution Making further continuing appropriations for the fiscal year 1976, and the period ending September 30, 1976, and for other purposes.

Mar. 31, 1976

[H.J. Res. 857]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Continuing appropriations, 1976.

89 Stat. 230, 847.
That clause (c) of section 102 of the joint resolution of June 27, 1975 (Public Law 94–41, as amended by Public Law 94–159), is hereby further amended by striking out “March 31, 1976” and inserting in lieu thereof “September 30, 1976”.
Sec. 2. The first section of the tenth unnumbered clause of section

89 Stat. 225.

 101(b) of such joint resolution is amended by inserting after “VII”, the following “(except sections 792, 793, and 794(a))”.
Sec. 3. The first unnumbered clause of section 101(e) of such joint resolution is amended by striking out “section 314(d)” and inserting in lieu thereof “sections 312, 313, 792, 793, and 794(a)”.
Sec. 4.

National Commission on Water Quality, additional funds.

33 USC 1325.

 There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, an additional amount of $175,600 for the. National Commission on Water Quality, authorized by section 315 of the Federal Water Pollution Control Act, as amended, to complete the work of the Commission.
Approved March 31, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–893 (Comm. on Appropriations). SENATE REPORT No. 94–702 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 16, considered and passed House.

Mar. 25, considered and passed Senate.

 Public Law 94–255: To amend section 2 of Hie Act of June 30, 1954, providing for the continuance of civil government for the Trust Territory of the Fact fie Islands, and for other purposes. Public Law 255 Public Law 94–255 90 Stat. 299 1976-04-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 299 Public Law 94–255 94th Congress
An Act To amend section 2 of Hie Act of June 30, 1954, providing for the continuance of civil government for the Trust Territory of the Fact fie Islands, and for other purposes.

Apr. 1, 1976

[H.R. 12122]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of

Trust Territory of the Pacific Islands.

Civil government, continuance.

Appropriation.

48 USC 1681 note.

 the Act of June 30, 1954 (68 Stat. 330), is amended by deleting “plus such sums as are necessary, but not to exceed $10,000,000, for each of such fiscal years, to offset reductions in, or the termination of, Federal grant-in-aid programs or other funds made available to the Trust Territory of the Pacific Islands by other Federal agencies”, and inserting in lieu thereof the following: “for fiscal year 1976, $80,000,000; for the period beginning July 1, 1976, and ending September 30, 1976, $15,100,000; for fiscal year 1977, $80,000,000; and such amounts as were authorized but not appropriated for fiscal year 1975, and up to but not to exceed $8,000,000 for the construction of such buildings as are required for a four-year college to serve the Micronesian community (no appropriations for the construction of such buildings shall, however, be made (A) until, but not later than one year after the date

Micronesian college, study, report to congressional committees.

 of the enactment of this Act, the President causes a study to lie made by an appropriate authority to determine the educational need and the most suitable educational concept for such a college and transmits such study, together with his recommendations, to the Committees on Interior and Insular Affairs of the Senate and House of Representatives of the United States within said one year period and (B) until 90 calendar days after the receipt of such study and recommendations which shall be deemed approved unless specifically disapproved by resolution of either such committee), and $1,800,000 for a human development project in the Marshall Islands plus such sums as are necessary, but not to exceed $10,000,000, for each of such fiscal years, or periods, to offset reductions in, or the termination of, Federal grant-in-aid programs or other funds made available to the Trust Territory of the Pacific Islands by other Federal agencies, which amounts for each such fiscal year or other period shall be adjusted upward or downward and presented to the Congress in the budget document for the next succeeding fiscal year as a supplemental budget request for the current fiscal year, to offset changes in the purchasing power of the United States dollar by multiplying such amounts by the Gross National Product Implicit Price Deflator for the third quarter of the calendar year numerically preceding the fiscal year or other period for which such supplemental appropriations are made, and dividing the resulting product by the Gross National Product Implicit Price Deflator for the third quarter of the calendar year 1974,”.
90 STAT. 300
Sec. 2.

48 USC 1421q.

 The laws of the United States which are made applicable to the Northern Mariana Islands by the provisions of section 502(a)(1)

Ante, p. 268.

 of H.J. Res. 549, as approved by the House of Representatives and the Senate, except for section 228 of title II and title XVI of the Social

42 USC 428, 1381.

50 USC app. 2018.

 Security Act as it applies to the several States and the Micronesia Claims Act as it applies to the Trust Territory of the Pacific Islands, shall be made applicable to Guam on the same terms and conditions as such laws are applied to the Northern Mariana Islands.
Approved April 1, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–291 accompanying H.R. 7688 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–496 accompanying H.R. 7688 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 26, considered and passed House.

Mar. 9, considered and passed Senate, amended.

Mar. 11, House concurred in Senate amendments with amendments.

Mar. 16, Senate concurred in House amendments with an amendment.

Mar. 18, House concurred in Senate amendment.

 Public Law 94–256: To revise the per diem allowance authorised for members of the American Battle Monuments Commission when in a travel status. Public Law 256 Public Law 94–256 90 Stat. 301 1976-04-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 301 Public Law 94–256 94th Congress
An Act To revise the per diem allowance authorised for members of the American Battle Monuments Commission when in a travel status.

Apr. 1, 1976

[H.R. 8507]

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

American Battle Monuments Commission, members.

Per diem allowance.

 paragraph of the first section of the Act entitled “An Act for the creation of an American Battle Monuments Commission to erect suitable memorials commemorating the services of the American soldier in Europe, and for other purposes”, approved March 4, 1923 (42 Stat. 1509; 36 U.S.C. 121), is amended to read as follows:

“The members of the Commission shall serve as such without compensation, except that (1) their actual expenses in connection with the work of the Commission, (2) when in a travel status outside the continental United States, a per diem at the same rate prescribed for members of the uniformed services tinder section 405 of title 37, United States Code, in lieu of subsistence, and (3) when in a travel status within the continental United States, a per diem at the same rate authorized to be paid under sections 5702 and 5703 of title 5, United States Code, in lieu of subsistence, may be paid to such members from any funds appropriated for the purposes of this Act, or acquired by other means hereinafter authorized.”.
Approved April 1, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–600 (Comm. on Veterans’ Affairs). SENATE REPORT No. 94–695 (Comm. on Veterans’ Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 4, considered and passed House.

Vol. 122 (1976): Mar. 15, considered and passed Senate, amended.

Mar. 18, House concurred in Senate amendments.

 Public Law 94–257: To provide for the striking of medals in commemoration of the two hundredth anniversary of the signing of the Declaration of Independence by Charles Carroll of Carrollton. Public Law 257 Public Law 94–257 90 Stat. 302 1976-04-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 302 Public Law 94–257 94th Congress
An Act To provide for the striking of medals in commemoration of the two hundredth anniversary of the signing of the Declaration of Independence by Charles Carroll of Carrollton.

Apr. 1, 1976

[H.R. 3427]

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

Declaration of Independence, signing by Charles Carroll.

Commemorative medals.
That in commemoration of the two hundredth anniversary of the signing of the Declaration of Independence by Charles Carroll of Carrollton, the last surviving signer of the Declaration, the Secretary of the Treasury shall strike and furnish to the Baltimore Museum of Art, of Baltimore, Maryland, not more than fifty thousand medals with emblems, designs, and inscriptions reproducing those on the medal heretofore struck by the Mint in honor of the ninetieth birthday of Charles Carroll of Carrollton, except for variations to be determined by the Baltimore Museum of Art subject to the approval of the Secretary of the Treasury. The medals shall lie made and delivered at such times as may be required by the Baltimore Museum of Art in quantities of not less than two thousand, but no medals shall be made after December 31, 1976. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes (31 U.S.C. 368).
Sec. 2.

Cost.

 The Secretary of the Treasury shall cause such medals to be struck and furnished at not less than the estimated cost of manufacture, including labor, materials guides, use of machinery, and overhead expenses. Security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for full payment of such costs.
Sec. 3.

Size.

 The medals authorized to lie issued pursuant to this Act shall be of bronze and of such size or sizes as shall be determined by the Secretary of the Treasury in consultation with the Baltimore Museum of Art.
Approved April 1, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–700 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 20, considered and passed House.

Vol. 122 (1976): Mar. 18, considered and passed Senate.

 Public Law 94–258: To authorize the Secretary of the Interior to establish on certain public lands of the United States national petroleum reserves the development of which needs to lie regulated in a manner consistent with the total energy needs of the Nation, and for other purposes. Public Law 258 Public Law 94–258 90 Stat. 303 1976-04-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 303 Public Law 94–258 94th Congress
An Act To authorize the Secretary of the Interior to establish on certain public lands of the United States national petroleum reserves the development of which needs to lie regulated in a manner consistent with the total energy needs of the Nation, and for other purposes.

Apr. 5, 1976

[H.R. 49]

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

Naval Petroleum Reserves Production Act of 1976.

42 USC 6501 note.

42 USC 6501.

 be cited as the “Naval Petroleum Reserves Production Act of 1976”.
<num value="I">TITLE I—</num> <heading class="inline">NATIONAL PETROLEUM RESERVE IN ALASKA</heading> <section> <heading class="smallCaps centered">definition</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">As used in this title., the term “petroleum” includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.</content> </section> <section> <heading class="smallCaps centered">designation of the national petroleum reserve in alaska</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">The area known as Naval Petroleum Reserve Numbered 4,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6502">42 USC 6502</ref>.</p></sidenote> Alaska, established by Executive order of the President, dated February 27, 1923, except for tract Numbered 1 as described in Public Land<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/cfr/t43/app">43 CFR app</ref>.</p></sidenote> Order 2344, dated April 24, 1961, shall be transferred to and administered by the Secretary of the Interior in accordance with the provisions of this Act. Effective on the date, of transfer all lands within such area shall be redesignated as the “National Petroleum Reserve in Alaska” (hereinafter in this title referred to as the “reserve”). Subject to valid existing rights, all lands within the exterior boundaries of such reserve are hereby reserved and withdrawn from all forms of entry and disposition under the public land laws, including the mining and mineral leasing laws, and all other Acts; but the Secretary is authorized to (1) make dispositions of mineral materials pursuant to the Act of duly 31. 1947 (61 Stat. 681), us amended (30 U.S.C. 601), for appropriate use by Alaska Natives, (2) make such dispositions of mineral materials and grant such rights-of-way, licenses, and permits as may he necessary to carry out his responsibilities under this Act, and (3) convey the surface of lands properly selected on or before December 18, 1975, by Native village corporations pursuant to the Alaska Native. Claims Settlement Act. All other provisions of law<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t43/s1601">43 USC 1601 note</ref>.</p></sidenote> heretofore enacted and actions heretofore taken reserving such lands as a Naval Petroleum Reserve shall remain in full force and effect to the extent not, inconsistent with this Act.</content> </section> <section> <heading class="smallCaps centered">transfer of jurisdiction</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Jurisdiction over the reserve shall be transferred by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6503">42 USC 6503</ref>.</p></sidenote> the Secretary of the Navy to the Secretary of the Interior on June 1, 1977.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>With respect to any activities related to the protection of environmental, fish and wildlife, and historical or scenic values, the Secretary of the Interior shall assume all responsibilities as of the date<page identifier="/us/stat/90/304">90 STAT. 304</page><sidenote><p class="firstIndent0 fontsize8">Rules and regulations.</p></sidenote> of the enactment of this title. As soon as possible, but not later than the effective date of transfer, the Secretary of the Interior may promulgate such rules and regulations as he deems necessary and appropriate for the protection of such values within the reserve.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The Secretary of the Interior shall, upon the effective date of the transfer of the reserve, assume the responsibilities and functions of the Secretary of the Navy under any contracts which may be in effect with respect to activities within the reserve.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>On the date of transfer of jurisdiction of the reserve, all equipment, facilities, and other property of the Department of the Navy used in connection with the operation of the reserve, including all records, maps, exhibits, and other informational data held by the Secretary of the Navy in connection with the reserve, shall be transferred without reimbursement from the Secretary of the Navy to the Secretary of the Interior who shall thereafter fie authorized to use them to carry out the provisions of this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>On the date of transfer of jurisdiction of the reserve, the Secretary of the Navy shall transfer to the Secretary of the Interior all unexpended funds previously appropriated for use in connection with the reserve and all civilian personnel ceilings assigned by the Secretary of the Navy to the management and operation of the reserve as of January 1, 1976.</content> </subsection> </section> <section> <heading class="smallCaps centered">administration of the reserve</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="firstIndent0 fontsize8">Petroleum production, prohibition.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6504">42 USC 6504</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Except as provided in subsection (e) of this section, production of petroleum from the reserve is prohibited and no development leading to production of petroleum from the reserve shall be undertaken until authorized by an Act of Congress.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Explorations.</p></sidenote> <content>Any exploration within the Utukok River, the Teshekpuk Lake areas, and other areas designated by the Secretary of the Interior containing any significant subsistence, recreational, fish and wildlife, or historical or scenic value, shall be conducted in a manner which will assure the maximum protection of such surface values to the extent consistent with the requirements of this Act for the exploration of the reserve.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>The Secretary of the Navy shall continue the ongoing petroleum exploration program within the reserve until the date of the transfer of jurisdiction specified in section 103(a). Prior to the date of such transfer of jurisdiction the Secretary of the Navy shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>cooperate fully with the Secretary of the Interior providing him access to such facilities and such information as he may request to facilitate the transfer of jurisdiction;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">information, submittal to congressional committees.</p></sidenote> <content>provide to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives copies of any reports, plans, or contracts pertaining to the reserve that are required to be submitted to the Committees on Armed Services of the Senate and the House of Representatives; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>cooperate and consult with the Secretary of the Interior before executing any new contract or amendment to any existing contract pertaining to the reserve and allow him a reasonable opportunity to comment on such contract or amendment, as the case may be.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <chapeau>The Secretary of the Interior shall commence further petroleum exploration of the reserve as of the date of transfer of jurisdiction specified in section 103(a). In conducting tins exploration effort, the Secretary of the Interior—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent0 fontsize8">Contracts.</p></sidenote> <content>is authorized to enter into contracts for the exploration of the reserve, except that no such contract may be entered into until<page identifier="/us/stat/90/305">90 STAT. 305</page> at least thirty days after the Secretary of the Interior has provided the Attorney General with a copy of the proposed contract and such other information as may be appropriate to determine legal sufficiency and possible violations under, or inconsistencies with, the antitrust laws. If, within such thirty clay period, the Attorney General advises the Secretary of the Interior that any such contract would unduly restrict competition or be inconsistent with the antitrust laws, then the Secretary of the Interior may not execute that contract;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>shall submit to the Committees on Interior and Insular<sidenote><p class="firstIndent0 fontsize8">Plans, submittal to congressional committees.</p><p class="firstIndent0 fontsize8">Report by Attorney General.</p></sidenote> Affairs of the Senate and the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration of the reserve. All such plans or amendments submitted to such committees pursuant to this section shall contain a report by the Attorney General of the United States with respect to the anticipated effects of such plans or amendments on competition. Such plans or amendments shall not be implemented until sixty days after they have been submitted to such committees; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>shall report, annually to the Committees on Interior and<sidenote><p class="firstIndent0 fontsize8">Report to congressional committees.</p></sidenote> Insular Affairs of the Senate and the House of Representatives on the progress of, and future plans for, exploration of the reserve.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Until the reserve is transferred to the jurisdiction of the Secretary of the Interior, the Secretary of the Navy is authorized to develop and continue operation of the South Barrow gas field, or such other fields as may be necessary, to supply gas at reasonable and equitable rates to the native village of Barrow, and other communities and installations at or near Point Barrow, Alaska, and to installations of the Department of Defense and other agencies of the United States located not or near Point. Barrow, Alaska. After such transfer, the Secretary of the Interior shall take such actions as may be necessary to continue such service to such village, communities, installations, and agencies at reasonable and equitable rates.</content> </subsection> </section> <section> <heading class="smallCaps centered">study of the reserve</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 164 of the Energy Policy and Conservation<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6244">42 USC 6244</ref>.</p></sidenote> Act (89 Stat. 871, 889), is hereby amended by deleting in the first sentence “<quotedText>to the Congress</quotedText>” and by inserting in lieu thereof “<quotedText>to the Committees on Interior and Insular Affairs of the Senate and House of Representatives</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The President, shall direct such Executive departments and/<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6505">42 USC 6505</ref>.</p></sidenote> or agencies as he may deem appropriate to conduct a study, in consultation with representatives of the State of Alaska, to determine the best overall procedures to be used in the development, production, transportation, and distribution of petroleum resources in the reserve. Such study shall include, but shall not be limited to, a consideration of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the alternative procedures for accomplishing the development, production, transportation, and distribution of the petroleum resources from the reserve, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the economic and environmental consequences of such alternative procedures.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The President shall make semiannual progress reports on the<sidenote><p class="firstIndent0 fontsize8">Report to congressional committees.</p></sidenote> implementation of this subsection to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives beginning not later than six months after the date of the enactment of this Act and shall, not later than one year after the transfer of jurisdiction of the reserve, and annually thereafter, report any findings or<page identifier="/us/stat/90/306">90 STAT. 306</page> conclusions developed as a result of such study together with appropriate supporting data and such recommendations as he deems desirable. The study shall be completed and submitted to such committees, together with recommended procedures and any proposed legislation necessary to implement such procedures not later than January 1, 1080.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6505">42 USC 6505</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>The Secretary of the Interior shall establish a task force to conduct a study to determine the values of, and best uses for, the lands contained in the reserve, taking into consideration (A) the natives who live or depend upon such lands, (B) the scenic, historical, recreational, fish and wildlife, and wilderness values, (C) mineral potential, and (D) other values of such lands.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Such task force shall be composed of representatives from the government of Alaska, the Arctic slope native community, and such offices and bureaus of the Department of the Interior as the Secretary of the Interior deems appropriate, including, but not limited to, the Bureau of Land Management, the United States Fish and Wildlife Service, the United States Geological Survey, and the. Bureau of Mines.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent0 fontsize8">Report to congressional committees.</p></sidenote> <content>The Secretary of the Interior shall submit a report, together with the concurring or dissenting views, if any, of any non-Federal representatives of the task force, of the results of such study to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives within three years after the date of enactment of this title and shall include in such report, his recommendations with respect to the value, best use, and appropriate designation of the lands referred to in paragraph (t).</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">antitrust provisions</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6506">42 USC 6506</ref>.</p></sidenote> <content class="inline">Unless otherwise provided by Act of Congress, whenever development leading to production of petroleum is authorized, the provisions of subsections (g), (h), and (i) of section 7430 of title 10,<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 309.</p></sidenote> United States Code, shall be deemed applicable to the Secretary of the Interior with respect to rules and regulations, plans of development and amendments thereto, and contracts and operating agreements. All plans and proposals submitted to the Congress under this title or pursuant to legislation authorizing development leading to production shall contain a report by the Attorney General of the United Stales on the anticipated effects upon competition of such plans and proposals.</content> </section> <section> <heading class="smallCaps centered">authorization fob appropriations</heading> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6507">42 USC 6507</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>There are authorized to be appropriated to the Department of the Interior such sums as may be necessary to carry out the provisions of this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Community municipal services and facilities, Federal financial assistance.</p></sidenote> <content>If the Secretary of the Interior determines that there is an immediate and substantial increase in the need for municipal services and facilities in communities located on or near the reserve as a direct result of the exploration and study activities authorized by this title and that an unfair and excessive financial burden will be incurred by such communities as a result of the increased need for such services and facilities, then he is authorized to assist such communities in meeting the costs of providing increased municipal services and facilities. The Secretary of the Interior shall carry out the provisions of this section through existing Federal programs and he shall consult with the heads of the departments or agencies of the Federal Government concerned with the type of services and facilities for which financial assistance is being made available.</content> </subsection> </section> 90 STAT. 307 <num value="II">TITLE II—</num> <heading class="inline">NAVAL PETROLEUM RESERVES</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <chapeau class="inline">Chapter 641 of title 10, United States Code, is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Immediately before section 7421 insert the following new section: <quotedContent> <section> <num value="7420">“§ 7420. </num> <heading>Definitions</heading><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7420">10 USC 7420</ref>.</p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <chapeau>In this chapter—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>‘national defense’ includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>‘naval petroleum reserves’ means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Naval Petroleum Reserve Numbered 4, Alaska, established by Executive order of the President, dated February 27, 1923 (until redesignated as the National Petroleum Reserve in Alaska under the jurisdiction of the Secretary of the Interior as provided in the Naval Petroleum Reserves Production Act of 1976); Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>‘petroleum’ includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>‘Secretary’ means the Secretary of the Navy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>‘small refiner’ means an owner of a refinery or refineries (including refineries not in operation) who qualifies as a small business refiner under the rules and regulations of the Small Business Administration; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>‘maximum efficient rate’ means the maximum sustainable daily oil or gas rate from a reservoir which will permit economic development and depletion of that reservoir without detriment to the ultimate recovery,”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Section 7421 (a) is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7421">10 USC 7421</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>of the Navy</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>and oil shale</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>for naval purposes</quotedText>” and inserting in lieu thereof “<quotedText>for national defense purposes</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by striking out “<quotedText>section 7438 hereof</quotedText>” and inserting in lieu thereof “<quotedText>this chapter</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The text of section 7422 is amended to reed as follows: <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7422">10 USC 7422</ref>.</p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>The Secretary, directly or by contract, lease, or otherwise, shall explore, prospect, conserve, develop, use, and operate the naval petroleum reserves in his discretion, subject to the provisions of subsection<page identifier="/us/stat/90/308">90 STAT. 308</page> (c) and the other provisions of this chapter; except that no petroleum leases shall be granted at Naval Petroleum Reserves Numbered 1 and 3.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>Except as otherwise provided in this chapter, particularly subsection (c) of this section, the naval petroleum reserves shall be used and operated for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the protection, conservation, maintenance, and testing of those reserves; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the production of petroleum whenever and to the extent that the Secretary, with the approval of the President, finds that such production is needed for national defense purposes and the production is authorized by a joint resolution of Congress.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>In administering Naval Petroleum Reserves Numbered 1, 2, and 3, the Secretary is authorized and directed—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to further explore, develop, and operate such reserves;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>commencing within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976, to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period not to exceed six year’s after the date of enactment of such Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>during such production period or any extension thereof to sell or otherwise dispose of the United States share of such petroleum produced from such reserves as hereinafter provided; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>to construct, acquire, or contract for the use of storage and shipping facilities on and off the reserves and pipelines and associated facilities on and off the reserves for transporting petroleum from such reserves to the points where the production from such reserves will be refined or shipped.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Any pipeline in the vicinity of a naval petroleum reserve not otherwise operated as a common carrier may be acquired by the Secretary by condemnation, if necessary, if the owner thereof refuses to accept, convey, and transport without discrimination and at reasonable rates any petroleum produced at such reserve. With the approval of the Secretary, rights-of-way for new pipelines and associated facilities may be acquired by the exercise of the right of eminent domain in the appropriate United States district court. Such rights-of-way may be acquired in the manner set forth in the Act of February 26, 1931, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a)), and the prospective holder of the right-of-way is ‘the authority empowered by law to acquire the lands’ within the meaning of that Act. Such new pipelines shall accept, convey, and transport, without, discrimination and at reasonable rates any petroleum produced at such reserves as a common carrier. Pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection shall have adequate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and shall be fully operable as soon as possible, but not later than throe years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection the President may extend the period of production in the case of any naval petroleum reserve for additional periods of not to exceed three years each—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num><sidenote><p class="firstIndent0 fontsize8">Investigation.</p></sidenote> <content>after the President requires an investigation to be made, in the case of each extension, to determine the necessity for continued production from such naval petroleum reserve;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> <content>after the President submits to the Congress, at least one hundred eighty days prior to the expiration of the current production period prescribed by this section, or any extension thereof,<page identifier="/us/stat/90/309">90 STAT. 309</page> a copy of the report made to him on such investigation together with a certification by him that continued production from such naval petroleum reserve is in the national interest; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>if neither House of Congress within ninety days after receipt of such report and certification adopts a resolution disapproving further production from such naval petroleum reserve.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The production authorization set forth in paragraph (1)(B) of this subsection, in the case of Naval Petroleum Reserve Numbered 1, is conditioned upon the private owner of any lands or interests therein within such reserve agreeing with the Secretary to continue operations of such reserve under a unitized plan contract which adequately protects the public interest: however, if such agreement is not reached within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976 the Secretary is authorized to exercise the authority for condemnation conferred by section 7425 of this chapter.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The first sentence of section 7423 is amended by deleting “<quotedText>of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7423">10 USC 7423</ref>.</p></sidenote> Navy</quotedText>” and “<quotedText>or products</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>Section 7424 is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7424">10 USC 7424</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by deleting “<quotedText>of the Navy</quotedText>” in the text of subsection (a) preceding clause (1);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by deleting “<quotedText>and oil shale</quotedText>” in subsection (a)(1) in the text preceding subclause (A); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by deleting “<quotedText>in the ground</quotedText>” in clause (1)(A) of subsection (a).</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Section 7425 is amended by deleting “<quotedText>of the Navy</quotedText>”. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7425">10 USC 7425</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s">10 USC 7426</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Section 7426(a) is amended by striking out “<quotedText>the Secretary of the Navy</quotedText>” and insetting in lieu thereof “<quotedText>Subject to the provisions of sect ion 7422 (c), the Secretary</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The first and second sentences of section 7427 are amended by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7427">10 USC 7427</ref>.</p></sidenote> striking out “<quotedText>of the Navy</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>Section 7428 is amended by striking out “<quotedText>within the naval<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7428">10 USC 7428</ref>.</p></sidenote> petroleum and oil shale reserves shall contain a provision authorizing the Secretary of the Navy</quotedText>” and inserting in lieu thereof “<quotedText>within Naval Petroleum Reserve Numbered 2 and the oil shale reserves shall contain a provision authorizing the Secretary</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>The first sentence of section 7429 is amended by deleting “<quotedText>of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7429">10 USC 7429</ref>.</p></sidenote> the Navy</quotedText>”,</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>The text of section 7430 is amended to read as follows:<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7430">10 USC 7430</ref>.</p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>In administering the naval petroleum reserves under this chapter, the Secretary shall use, store, or sell the pet role produced from the naval petroleum reserves and lands covered by joint, unit, or other cooperative plans.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Notwithstanding any other provision of law, each sale of the<sidenote><p class="firstIndent0 fontsize8">Public sale.</p></sidenote> United States share of petroleum shall be made by the Secretary at public sale to the highest qualified bidder, for periods of not more than one year, at such time, in such amounts, and after such advertising as the Secretary considers proper and without regard to Federal, State, or local regulations controlling sales or allocation of petroleum products.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>In no event shall the Secretary permit the award of any contract which would result in any person obtaining control, directly or indirectly, over more than 20 per centum of the estimated annual United States share of petroleum produced from Naval Petroleum Reserve Numbered 1.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <chapeau>Each proposal for sale under this title shall provide that the terms of every sale of the United States share of petroleum from the naval petroleum reserves shall be so structured as to give full and<page identifier="/us/stat/90/310">90 STAT. 310</page> equal opportunity for the acquisition of petroleum by all interested persons, including major and independent oil producers and refiners alike. When the Secretary, in consultation with the Secretary of the Interior, determines that the public interests will be served by the sale of petroleum to small refiners not having their own adequate sources of supply of petroleum, the Secretary is authorized and directed to set aside a portion of the United States share of petroleum produced for sale to such refiners under the provisions of this section for processing or use in such refineries, except that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>none of the production sold to small refiners may be resold in kind;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>production must be sold at a cost of not less than the prevailing local market price of comparable petroleum;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the set-aside portion may not exceed 25 per centum of the estimated annual United States share of the total production from all producing naval petroleum reserves; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>notwithstanding the provisions of subsection (b) of this section, the Secretary may, at his discretion if he deems it to be in the public interest, prorate such petroleum among such refiners for sale, without competition, at not less than the prevailing local market price of comparable petroleum.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>Any petroleum produced from the naval petroleum reserves, except such petroleum which is either exchanged in similar quantities for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t50/app2401">50 USC app. 2401 note</ref>.</p></sidenote> the Export Administration Act of 1969 (83 Stat, 841) and, in addition, before any petroleum subject to this section may be exported under the limitations and licensing requirement and penalty and enforcement provisions of the Export Administration Act of 1969, the President must make and publish an express finding that such exports will not diminish the total quality or quantity of petroleum available to the United States and that such exports are in the national interest and are in accord with the Export Administration Act of 1969.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num><sidenote><p class="firstIndent0 fontsize8">Waiver.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, p, 307.</p><p class="firstIndent0 fontsize8"><i>Post</i>, p. 311.</p><p class="firstIndent0 fontsize8">Rules and regulations.</p></sidenote> <content>During the period of production or any extension thereof authorized by section 7422(c), the consultation and approval requirements of section 7431(a)(3) are waived,</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Prior to the promulgation of any rules and regulations, plans of development and amendments thereto, and in the entering and making of contracts and operating agreements relating to the development, production, or sale of petroleum in or from the reserves, the Secretary shall consult with and give due consideration to the views of the Attorney General of the United States with respect to matters which may affect competition.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8">Contract or operating agreement, notification.</p></sidenote> <content>No contract or operating agreement may be made, issued, or executed under this chapter until at, least thirty days after the Secretary notifies the Attorney General of the proposed contract or operating agreement. Such notification shall contain such information as the Attorney General may require in order to advise the Secretary as to whether such contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws. If, within such thirty day period, the Attorney General advises the Secretary that a contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws, then the Secretary may not make, issue, or execute that contract or operating agreement.</content> </paragraph> </subsection> <page identifier="/us/stat/90/311">90 STAT. 311</page> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <content>Nothing in this chapter shall be deemed to confer on any person immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <chapeau>As used in this section, the term ‘antitrust laws’ means—<sidenote><p class="firstIndent0 fontsize8">“Antitrust laws.”</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the Act entitled ‘An Act to protect trade and commerce against unlawful restraints and monopolies’, approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914 (15 U.S.C. 12 et seq.), as amended;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>sections 73 and 74 of the Act entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’, approved August 27, 1894 (15 U.S.C. 8 and 9), as amended; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>sections 2, 3, and 4 of the Act of June 19, 1936, chapter 592 (15 U.S.C. 13a. 13b, mid 21a).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="j">“(j) </num> <content>Any pipeline which accepts, conveys, or transports any petroleum produced from Naval Petroleum Reserves Numbered 1 or Numbered 3 shall accept, convey, and transport without discrimination and at reasonable rates any such petroleum as a common earlier insofar as petroleum from such reserves is concerned. Every contract entered into by the Secretary for the sale of any petroleum owned by the United States which is produced from such reserves shall contain provisions implementing the requirements of the preceding sentence if the contractor owns a controlling interest in any pipeline or any company operating any pipeline, or is the operator of any pipeline, which carries any petroleum produced from such naval petroleum reserves. The Secretary<sidenote><p class="firstIndent0 fontsize8">Rules and regulations.</p></sidenote> may promulgate rules and regulations for the purpose of carrying out the provisions of this section and he, or the Secretary of the Interior where the authority extends to him may declare forfeit any contract, operating agreement, right-of-way, permit, or easement held by any person violating any such rule or regulation. This section shall not apply to any natural gas common carrier pipeline operated by any person subject to regulation under the Natural Gas Act or any public<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s717w">15 USC 717w</ref>.</p></sidenote> utility subject to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the State or municipality.</content> </subsection> <subsection class="indent0 fontsize10"><num value="k">“(k) </num> <chapeau>The President may at his discretion, direct that all or any part of the United States share of petroleum produced from the naval petroleum reserves be placed in strategic storage facilities as authorized by sections 151 through 166 of the Energy Policy and Conservation Act or that all or any part of such share be exchanged for petroleum<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6231–6246">42 USC 6231–6246</ref>.</p></sidenote> of equal value for the purpose of placing such petroleum in such strategic storage facilities.”.</chapeau> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <chapeau>Section 7431 is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7431">10 USC 7431</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText> (a) </quotedText>” immediately before “<quotedText>The Committees</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>or oil shale</quotedText>” in clauses (1) and (2); </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>and oil shale</quotedText>” in clauses (2) and (3);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by striking out “<quotedText>oil and gas (other than royalty oil and gas), oil shale, and products therefrom</quotedText>” in clause (3) and inserting in lieu thereof “<quotedText>petroleum (other than royalty oil and gas) </quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>During the period of production authorized by section<sidenote><p class="firstIndent0 fontsize8">Plans, submittal to congressional committees.</p></sidenote><page identifier="/us/stat/90/312">90 STAT. 312</page><sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 307.</p></sidenote> 7422(c), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration, development, and production of the naval petroleum reserves.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>All plans or substantial amendments submitted to the Congress pursuant to this section shall contain a report by the Attorney General of the United States with respect to the anticipated effects of such plans or amendments on coin petition. Such plans or amendments shall not be implemented until sixty days after such plans or amendments have, been submitted to such committees.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="firstIndent0 fontsize8">Reports to congressional committees.</p></sidenote> <chapeau>During the period of production authorized by section 7422(c), the Secretary shall submit annual reports as of the first day of the fiscal year to the Committees on Aimed Services of the Senate and the House of Representatives, and such committees shall cause such reports to be printed as a Senate or House document, as appropriate. The Secretary shall include in such reports, with respect to each naval petroleum reserve, an explanation in detail of the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the status of the exploration, development, and production programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the production that has been achieved, including the disposition of such production and the proceeds realized therefrom;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the status of pipeline construction and procurement and problems related to the availability of transportation facilities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>a summary of future plans for exploration, development, production, disposal, and transportation of the production from the naval petroleum reserves; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>such other information regarding the reserve as the Secretary deems appropriate.“.</content> </paragraph> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">(13) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7432">10 USC 7432</ref>.</p></sidenote> <content>Section 7432 is amended to read as follows: <quotedContent> <section> <num value="7432">“§ 7432. </num> <heading>Naval petroleum reserves special account</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <chapeau>There is hereby established on the books of the Treasury Department a special account designated as the ‘naval petroleum reserves special account’. There shall he credited to such account—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>all proceeds realized under this chapter from the disposition of the United States share of petroleum;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the net proceeds, if any, realized from sales or exchanges within the Department of Defense, of relined petroleum products accruing (o the benefit of any component of that department as the result of any such sales or exchanges;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>such additional sums as may be appropriated for the maintenance, operation, exploration, development, and production of the naval petroleum reserves;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such royalties as may accrue under the provisions of section<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7433">10 USC 7433</ref>.</p></sidenote> 7433; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>any other revenues resulting from the operation of the naval petroleum reserves.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>Funds available in the naval petroleum reserve special account shall be available for expenditure in such sums as are specified in annual appropriations Acts for the expenses of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>exploration, prospecting, conservation, development, use, operation, and production of the naval petroleum reserves as authorized by this chapter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>production (including preparation for production) as authorized by this chapter, or as may hereafter be authorized;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the construction and operation of facilities both within and outside the naval petroleum reserves incident to the production and the delivery of petroleum, including pipelines and shipping terminals;</content> </paragraph> <page identifier="/us/stat/90/313">90 STAT. 313</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the procurement of petroleum for, and the construction and operation of facilities associated with, the Strategic Petroleum Reserve authorized by sections 151 through 166 of the Energy Policy and Conservation Act; and <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6231–6246">42 USC 6231–6246</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the exploration and study of the National Petroleum Reserve in Alaska as authorized in title I of the Naval Petroleum Reserves Production Act of 1976. <sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 303.</p><p class="firstIndent0 fontsize8">Budget estimates, presentation to Congress.</p></sidenote></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The budget estimates for annual appropriations from the naval petroleum reserves special account shall be prepared by the Secretary and shall be presented to the Congress by the President independently of the budget of the Department of the Navy and the Department of Defense.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Contracts under this chapter providing for the obligation of<sidenote><p class="firstIndent0 fontsize8">Contracts.</p></sidenote> funds may be entered into by the Secretary for a period of five years, renewable, at the option of the Secretary, for an additional five-year period; however, such contracts may obligate funds only to the extent that such funds are made available in annual appropriations.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>Section 7433(a) is amended by stinking out “of the Navy”. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7433">10 USC 7433</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>Section 7433(b) is amended by striking out “<quotedText>and oil shale</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>Section 7434 is amended by striking out “<quotedText>and oil shale</quotedText>”. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7434">10 USC 7434</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7435">10 USC 7435</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7436">10 USC 7436</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>Section 7435(b) is amended by striking out “<quotedText>of the Navy</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>Section 7436(a) is amended by deleting “<quotedText>of the Navy, subject to approval of the President,</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>Section 7438 is amended by striking out “<quotedText>Secretary of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t10/s7438">10 USC 7438</ref>.</p></sidenote> Interior</quotedText>” wherever it occurs and inserting therefor “<quotedText>Administrator of the Energy Research and Development Administration</quotedText>”; and by striking out “<quotedText>of the Navy</quotedText>” wherever it occurs.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <chapeau>The table of sections at the beginning of such chapter is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content><p class="inline">by inserting immediately before</p> <quotedContent> <toc> <referenceItem role="section"><designator>“7421.</designator> <label>Jurisdiction and control.”</label></referenceItem> </toc> </quotedContent> <p class="indent1 fontsize10">the following:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“7420.</designator> <label>Definitions.”</label></referenceItem> </toc> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content><p class="inline">by striking out:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“7433.</designator> <label>Expenditures; appropriations chargeable.”</label></referenceItem> </toc> </quotedContent> <p class="indent1 fontsize10">and inserting in lieu thereof the following:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“7432.</designator> <label>Naval petroleum reserve special account.”</label></referenceItem> </toc> </quotedContent> </content> </subparagraph> </paragraph> </section> Approved April 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–81 Pts. I, 2, 3 (Comm. on Interior and Insular Affairs) and No. 94–156 accompanying H.R. 5919 (Comm. on Armed Services) and No. 94–942 (Comm. of Conference). SENATE REPORTS: No. 94–327 accompanying S. 2173 (Comm. on Armed Services) and No. 94–708 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 8, considered and passed House.

July 28, S. 2173 considered in Senate.

July 29, considered and passed Senate, amended, in lieu of S. 2173.

Vol. 122 (1976): Mar. 24, Senate agreed to conference report.

Mar. 31, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 15 (1976); Apr. 5, Presidential statement.

 Public Law 94–259: To extend the authorization of appropriations for carrying out title V of the Rural Development Act of 1072, and for other purposes. Public Law 259 Public Law 94–259 90 Stat. 314 1976-04-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 314 Public Law 94–259 94th Congress
An Act To extend the authorization of appropriations for carrying out title V of the Rural Development Act of 1072, and for other purposes.

Apr. 5, 1976

[H.R. 6346]

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

Rural development and small farm research and education.

Appropriation authorization.
That subsection (a) of section 503 of the Rural Development Act of 1972 (7 U.S.C. 2663(a)) is amended— (1) by striking out the word “is” and inserting in lieu thereof “are”; (2) by striking out the word “and”; and (3) by changing the period at the end thereof to a comma, and adding the following: “not to exceed $5,000,000 for the period July 1, 1976, through September 30, 1976, and not to exceed $20,000,000 for each of the three fiscal years during the period beginning October 1, 1976, and ending September 30, 1979.”.
Sec. 2. Subsection (b) of section 3 of the Farm Labor Contractor Registration

7 USC 2042.

 Act of 1963, 78 Stat. 920, as amended (7 U.S.C. 2041–2055), is amended— (1) by striking the word “or” at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof a new paragraph (8) as follows: “(8) any custom combine, hay harvesting, or sheep shearing operation.”.
Approved April 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–441 (Comm. on Agriculture). SENATE REPORT No. 94–706 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 7, considered and passed House.

Vol. 122 (1976): Mar. 23, considered and passed Senate, amended.

Mar. 24, House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 15 (1976): Apr. 5, Presidential statement.

 Public Law 94–260: To amend chapter IX of the Bankruptcy Act to provide by voluntary reorganization procedures for the adjustment of the debts of municipalities. Public Law 260 Public Law 94–260 90 Stat. 315 1976-04-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 315 Public Law 94–260 94th Congress
An Act To amend chapter IX of the Bankruptcy Act to provide by voluntary reorganization procedures for the adjustment of the debts of municipalities.

Apr. 8, 1976

[H.R. 10624]

 Whereas the Congress finds and declares this Act and proceedings thereunder providing for the composition of indebtedness of, or authorized by, municipalities to be within the subject of bankruptcies under article I, section 8, clause 4 of the United States Constitution; and

USC prec. title 1.

 Whereas the Congress finds that the impracticability of existing Federal bankruptcy remedies for use by municipalities increases the likelihood of their default and will aggravate the adverse effects thereof; and Whereas the Congress finds that the financial disruptions and dislocations resulting from default of such municipalities without availability of a Federal procedure to restructure their indebtedness in such fashion as to avoid continuing insolvency would have a substantial adverse effect on interstate commerce within the meaning of article I, section 8, clause 3 of the United States Constitution, by reason of the commercial importance of the municipalities involved. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter IX

Bankruptcy Act, amendments.

11 USC 401.

 of the Bankruptcy Act is amended to read as follows: “Chapter IX
“adjustment of debts of political subdivisions and public agencies and instrumentalities “Sec. 81. Chapter IX Definitions.— As used in this chapter the

11 USC 401 et seq.

 term— “(1) ‘claim’ includes ail claims of whatever character against the petitioner or the property of the petitioner, whether or not such claims are provable under section 63 of this Act and whether

11 USC 103.

 secured or unsecured, liquidated or unliquidated as to amount, fixed or contingent; “(2) ‘court’ means court of bankruptcy in which the case is pending, or a judge of such court; “(3) ‘creditor’ means holder (including the United States, a State, or political subdivision or public agency or instrumentality of a State) of a claim against the petitioner; “(4) ‘claim affected by the plan’ means claim as to which the rights of its holder are proposed to be materially and adversely adjusted or modified by the plan; “(5) ‘debt’ means claim allowable under section 88(a); “(6) ‘lien’ means security interest in property, lien obtained on property by levy, sequestration, or other legal or equitable process, statutory or common law lien on property, or any other variety of charge against property to secure the performance of an obligation; 90 STAT. 316 “(7) ‘person’ includes a corporation or a partnership, the United States, the several States, and political subdivisions and public agencies and instrumentalities of the several States; “(8) ‘petitioner’ means agency, instrumentality, or subdivision which has filed a petition under this chapter; “(9) ‘plan’ means plan filed under section 90; “(10) ‘special tax payer’ means record owner or holder of title, legal or equitable, to real estate against which has been levied a special assessment or special tax the proceeds of which are the sole source of payment of obligations issued by the petitioner to defray the costs of local improvements; and “(11) ‘special tax payer affected by the plan’ means special tax payer with respect to whose real estate the plan proposes to increase the proportion of special assessments or special tuxes referred to in paragraph (10) of this section assessed against that real estate.
“Sec. 82.

11 USC 402.

 Jurisdiction and Powers of Court.— “(a) Jurisdiction.— The court in which a petition is filed under this chapter shall exercise exclusive original jurisdiction for the adjustment of the petitioner’s debts, and for the purposes of this chapter, shall have exclusive jurisdiction of the petitioner and its property, wherever located. “(b) Powers.— After the filing of a petition under this chapter the court may— “(1)

Notice and hearing.

 permit the petitioner to reject executory contracts and unexpired leases of the petitioner, after hearing on notice to the parties to such contracts leases and to such other parties in interest as the court may designate; “(2)

Notice and hearing.

 during the pendency of a case under this chapter, or after the confirmation of the plan if the court has retained jurisdiction under section 96(e), after hearing on such notice as the court may prescribe and for cause shown, permit the issuance of certificates of indebtedness for such consideration as is approved by the court, upon such terms and conditions, and with such security and priority in payment over existing obligations, secured or unsecured, and over costs and expenses of administration, not including operating expenses of the petitioner, as in the particular case may be equitable; and “(3) exercise such other [lowers as are not inconsistent with the provisions of this chapter. “(c) Limitation.— Unless the petitioner consents or the plan so provides, the court shall not, by any stay, order or decree, in the case or otherwise, interfere with— “(1) any of the political or governmental powers of the petitioner; “(2) any of the property or revenues of the petitioner; or “(3) the petitioner’s use or enjoyment of any income-producing property. “(d) Designation of Judge.— After the filing of a petition, the chief judge of the court in the district in which the petition is filed shall immediately notify the chief judge of the circuit court of appeals of the circuit in which the district court is located, who shall designate the judge of the district court to conduct the proceedings under this chapter.
“Sec. 83.

11 USC 403.

 Reservation of State Power To Control Governmental Functions of Political Subdivisions.— Nothing contained in this chapter shall be construed to limit or impair the power of any State90 STAT. 317 to control, by legislation or otherwise, any municipality or any political subdivision of or in such State in the exercise of its political or Elemental powers, including expenditures therefor: Provided, however, That no State law prescribing a method of composition of indebtedness of such agencies shall be binding upon any creditor who does not consent to such composition, and no judgment shall be entered under such State law which would bind a creditor to such composition without his consent.
“Sec. 84. Eligibility for Relief.— Any State’s political subdivision

11 USC 404.

 or public agency or instrumentality, which is generally authorized to file a petition under this chapter by the legislature, or by a governmental officer or organization empowered by State law to authorize the filing of a petition, is eligible for relief under this chapter if it is insolvent or unable to meet its debts as they mature, and desires to effect a plan to adjust its debts. An entity is not eligible for relief under this

Conditions.

 chapter unless— “(1) it has successfully negotiated a plan of adjustment of its debts with creditors holding at least a majority in amount of the claims of each class which are claims affected by that plan; “(2) it has negotiated in good faith with its creditors and has failed to obtain, with respect to a plan of adjustment of its debts, the agreement of creditors holding at least a majority in amount of the claims of each class which are claims affected by that plan; “(3) such negotiation is impracticable; or “(4) it has a reasonable fear that a creditor may attempt to obtain a preference,
“Sec. 85. Petition and Proceedings Relating to Petition.— “(a) Petition.—

11 USC 405.

 An entity eligible under section 84 may file a petition for relief under this chapter. In the case of an unincorporated tax or special assessment district having no officials of its own, the petition may be filed by its governing authority or the board or body having authority to levy taxes or assessments to meet the obligations of the district. Any party in interest may file an answer to the petition

Notice, publication.

 with the court, not later than 15 days after the publication of notice required by subsection (d) is completed, objecting to the filing of the petition. Upon the filing of such an answer, the court may dismiss the

Notice and hearing.

 petition after hearing on notice if the petitioner did not file the petition in good faith, or if the, petition does not meet the requirements of this chapter. The court shall not, on account of an appeal from a finding of jurisdiction, delay any proceeding under this chapter in the case in which the appeal is being taken; nor shall any court order a stay of such proceeding pending such appeal. The reversal on appeal of a finding of jurisdiction shall not affect the validity of any certificate of indebtedness authorized by the court and issued in such case. “(b) List.— The petitioner shall file with the court a list of the petitioner’s creditors, insofar as practicable. The list shall include for each known creditor, to the extent practicable, the name of the creditor, the address of the creditor so far as known to the petitioner, and a description of any claim of the creditor, showing the amount and character of the claim, the nature of any security for the claim, and whether the claim is disputed, contingent or unliquidated as to amount. If an identification of any of the petitioner’s creditors is impracticable, the petitioner shall state the reason such identification is impracticable and the character of the claims of the creditors involved. The petitioner shall supplement the list as creditors who were unknown or unidentified at the time the list was filed become known or identified to the petitioner. If the list is not filed with the petition, the petitioner shall file the list at such later time as the court, upon its own motion or upon application of the petitioner, sets. 90 STAT. 318 “(c) Venue and fees.— The petition and any accompanying papers, together with a filing fee of $100, shall be filed with a court in a district in which the petitioner is located. “(d) Notice.— The petitioner or such other person as the court designates shall give notice of the filing or dismissal of the petition to the State in which the petitioner is located, to the Securities and Exchange Commission, and to creditors included in the list of creditors required by subsection (b) or in any supplement to that list. The notice shall also state that a creditor who files with the court a request, setting forth that creditor’s name and address and the nature and amount of that creditor’s claim, shall be given notice of any other matter in which

Publication in newspapers.

 that creditor has a direct and substantial interest. The notice required by the first sentence of this subsection shall be published at least once, a week for three successive weeks in at least one newspaper of general circulation published within the jurisdiction of the court, and in such other papers having a general circulation among bond dealers and bondholders as may be designated by the court. The court may require that it be published in such other publication as the court deems proper. The court shall require that a copy of the notice required by the first sentence of this subsection be mailed, postage prepaid, to each creditor named in the list required by subsection (b) at the address of such creditor given in the list, or, if no address is given in the list for a creditor and the address of such creditor cannot with reasonable diligence be ascertained, then a copy of the notice may, if the court so determines, be mailed, postage prepaid, to such creditor addressed as the court may prescribe. All expense of giving notice required by this subsection shall be paid by the petitioner, unless the court for good cause determines that the cost of notice in a particular instance should lie borne by another party. The notice shall be first published as soon as practicable after the filing of the petition, and the mailing of copies of the notice shall be completed as soon as practicable after the filing of the list required by subsection (b). “(e) Stay of enforcement of claims against petitioner.— “(1) Effect of filing a petition.— A petition filed under this chapter shall operate as a stay of the commencement or the continuation of any judicial or other proceeding against the petitioner, its property, or an officer or inhabitant of the petitioner, which seeks to enforce any claim against the petitioner, or of an act or the commencement or continuation of a judicial or other proceeding which seeks to enforce a lien upon the property of the petitioner or a lien on or arising out of taxes or assessments due the petitioner, and shall operate as a stay of the enforcement of any set-off or counterclaim relating to a contract, debt, or obligation of the petitioner. “(2) Duration of automatic stay.— Except as it may be terminated, annulled, modified, or conditioned by the court under the terms of this subsection, the stay provided for in this subsection shall continue until the ease is closed or dismissed, or the property subject to the lien is, with the approval of the court, abandoned or transferred. “(3)

Hearing.

 Relief from automatic stay.— Upon the filing of a complaint seeking relief from a stay provided for by this section, the court, shall set a hearing for the earliest possible date. The court may, for cause shown, terminate, annul, modify, or condition such stay. 90 STAT. 319 “(4) Other stats.— The commencement or continuation of any other act or proceeding may be stayed, restrained, or enjoined by the court, upon notice to each person against whom such order would apply, and for cause shown. The court may issue an order under this paragraph without requiring the petitioner to give security as a condition to that order. “(f) unenforceability of certain contractual provisions.— A provision in a contract or lease, or in any law applicable to such a contract or lease, which terminates or modifies, or permits a party other than the petitioner to terminate or modify, the contract or lease because of the insolvency of the petitioner or the commencement of a case under this chapter is not enforceable if any defaults in prior performance of the petitioner are cured and adequate assurance of future performance is provided. “(g) Recovery of set-off.— Any set-off which relates to a contract, debt, or obligation of the petitioner and which set-off was effected within four months prior to the filing of the petition, is voidable and recoverable by the petitioner after hearing on notice. The court may require as a condition to recovery that the petitioner furnish adequate protection for the realization by the person against whom or which recovery is sought of the claim which arises by reason of the recovery. “(h) Avoiding powers.— Sections 60a, 60c, 67a, 67d, 70c. 70e(1), and 70e(2), and the first three sentences of section 60b shall apply in cases

11 USC 96, 107, 111.

 under this chapter as though the petitioner were the bankrupt, debtor, or trustee. If the petitioner refuses to pursue a cause of action under a section or sentence made applicable to this chapter by this subsection, the court may, upon the application of any creditor, appoint a trustee to pursue such cause of action.
“Sec. 86. Representation of Creditors.—

11 USC 406.

 “(a) Representation and disclosure.— Any creditor may act in that creditor’s own behalf or by an attorney or a duly authorized agent or committee. Every person, not including governmental entities, representing more than one creditor shall file with the court a list of the creditors represented by such person, giving the mime and address of each such creditor, together with a statement of the amount, class, and character of the claim held by that creditor, and shall attach to the list a copy of the instrument signed by the holder of such claim showing such person’s authority, and shall file with the list a copy of the contract or agreement entered into between such person and the creditors represented by that person. Such person shall disclose all compensation incident to the case, received or to be received, directly or indirectly, by that person. That compensation shall be subject to modification and approval by the court. “(b) Multiple compensation.— The court shall examine all of the contracts, proposals, acceptances, deposit agreements, and all other papers relating to the plan, specifically for the purpose of ascertaining if any person, not including governmental entities, promoting the plan, or doing anything of such a nature, has been or is to be compensated, directly or indirectly, by both the petitioner and any of its creditors, and shall take evidence under oath to determine whether any such compensation has occurred or is to occur. After such examination the court shall make an adjudication of this issue, and if it be found that any such compensation has occurred or is to occur, the court shall dismiss the petition and tax nil of the costs against the person promoting the plan or doing anything of such a nature and receiving such90 STAT. 320 multiple compensation, or against the petitioner, unless such plan is modified, within the time to be allowed by the court, so as to eliminate the possibility of such compensation, in which event the court may proceed to further consideration of the confirmation of the plan.
“Sec. 87.

11 USC 407.

 Reference, Expenses, and Joint Administration.— “(a) Reference.— The court may refer any special issue of fact to a referee in bankruptcy for consideration, the taking of testimony, and a report upon such special issue of fact, if the court finds that the condition of its docket is such that it cannot take such testimony without unduly delaying the dispatch of other business pending in the court, and if it appears that such special issue is necessary to the determination of the ease. A reference to a referee in bankruptcy shall be the exception and not the rule. The court shall not make a general reference of the case, but may only request findings of specific facts. “(b) Expenses.— The court may allow reasonable compensation for the actual and necessary expenses incurred in connection with the case, including compensation for services rendered and expenses incurred in obtaining the deposit of securities and the preparation of the plan, whether such work has been done by the petitioner or by a representative of creditors, and may allow reasonable compensation for an attorney or agent of any of them. No fee, compensation, reimbursement, or other allowances for an attorney, agent, or representative of creditors shall be assessed against the petitioner or paid from any revenues, property, or funds of the petitioner except in the manner and in such sums, if any, as may lie provided for in the plan. An appeal may be taken from any order allowing compensation to the United States court, of appeals for the circuit in which the case under this chapter is pending, independently of any other appeal which may be taken in the case. The court of appeals shall hear and determine such appeal summarily. “(c) Joint administration.— If two or more petitions by related entities are pending in the same court, the court may order joint administration of the cases.
“Sec. 88.

11 USC 408.

 Claims.— “(a) Allowance of claims.— In the absence of an objection by a party in interest, or of a filing of a proof of claim, the claim of a creditor that is not disputed, contingent, or unliquidated as to amount, and that appears in the list or in a supplement to the list filed by the petitioner under section 85(b) shall be deemed allowed. The court may set a date by which proofs of other claims shall be filed. If the court does not set a date, such proofs of other claims shall be filed before

Written notice.

 the entry of an order confirming the plan. Within thirty days after the filing by the petitioner of the list or any supplement to the list under section 85 (b), the court shall give written notice to each person whose claim is listed as disputed, contingent, or unliquidated as to amount, informing each such person that a proof of claim must be filed with the court within the time fixed under this subsection. If there is no objection to such claim, the claim shall be deemed allowed. If there is an objection, the court, shall hear and determine the objection. “(b) Classification of creditors.— The court shall designate classes of creditors whose claims are of substantially similar character and the members of which enjoy substantially similar rights, consistent with the provisions of section 89, except that the court, may create a separate class of creditors having unsecured claims of less than $250

Hearing and notice.

 for reasons of administrative convenience. If there is a controversy over the classification of a creditor, the court shall, after hearing on notice, summarily determine such controversy. 90 STAT. 321 “(c) Damages upon rejection of executory contracts.—If an executory contract or an unexpired lease is rejected under the plan or under section 82 (b), any person injured by such rejection may assert a claim against the petitioner. The rejection of an executory contract or unexpired lease constitutes a breach of the contract or lease as of the date of the commencement of the case under this chapter. The claim of a landlord for injury resulting from the rejection of an unexpired lease of real estate or for damages or indemnity under a convenant contained in such lease shall be allowed, but shall he limited to an amount not to exceed the rent, without acceleration, reserved by such lease for the year next succeeding the date of the surrender of the premises to the landlord or the date of reentry of the landlord, whichever first occurs, whether before or after the filing of the petition, plus unpaid accrued rent, without acceleration, up to the date of such surrender or reentry. The court shall scrutinize the circumstances of an assignment of a future rent claim and the amount of the consideration paid for such assignment in determining the amount of damages allowed the assignee of that claim.
“Sec. 89. Priorities.— The following shall be paid in full in advance

11 USC 409.

 of any distribution to creditors under the plan, in the following order: “(1) The costs and expenses of administration which are incurred subsequent to the filing of a petition under this chapter. “(2) Debts owed for services or materials actually provided within three months before the date of the filing of the petition under this chapter. “(3) Debts owing to any person, which by the laws of the United States (other than this Act) are entitled to priority.
“Sec. 90. Filing and Transmission of Plan and Modification’s.—

11 USC 410.

 “(a) Filing.— The petitioner shall file a plan for the adjustment of the petitioner’s debts. If such plan is not filed with the petition, the petitioner shall file the plan at such later time as the court, upon its own motion or upon application of the petitioner, sets. At any time prior to the confirmation of a plan, the petitioner, or any creditor, if the petitioner has consented in writing to the modification to lie filed by the creditor, may file a modification of the plan; but the mollification shall comply with the provisions of this chapter. “(b) Transmission of plan and modifications.— As soon as practicable after the plan or any modification of the plan has been filed, the court shall set a time, which shall be ninety days from the filing of the plan or any modification of the plan, unless the court, for good cause, sets some other time, within which creditors may accept or reject the plan and any modification of the plan. The pet it loner or such other person as the court designates shall transmit by mail a copy of such plan or modification, or a summary and any analysis of such plan or modification, a notice of the time within which the plan or modification may be accepted or rejected, and a notice of the right to receive a copy, if it has not been sent, of such plan or modification, to each creditor whose claim is affected by the plan, to each special tax payer affected by the plan, and to any party in interest that the court designates. Upon request by a recipient of such summary and notice, the petitioner or such other person as the court designates shall transmit by mail a copy of the plan or modification to that recipient. The court

Notice and hearing.

 shall, after hearing on notice, determine any controversy as to whether a claim of a creditor or class of creditors is a claim affected by the plan and as to whether a special tax payer is a special tax payer affected by the plan.
90 STAT. 322
“Sec. 91.

11 USC 411.

 Provisions of Plan.— A petitioner’s plan may include provisions modifying or altering the rights of creditors generally, or of any class of them, secured or unsecured, either through issuance of new securities of any character, or otherwise, and may contain such other provisions and agreements not inconsistent with this chapter as the parties may desire, including provisions for the rejection of any executory contract or unexpired lease.
“Sec. 92.

11 USC 412.

 Acceptance.— “(a) Who mat accept or reject.— Unless a claim of a creditor who is included in the list or in a supplement to the list filed under section 85(b) or who files a proof of claim and whose claim is not then disputed, contingent, or unliquidated as to amount, or of a security holder of record as of the date of the transmittal of information under sect ion 99(h), has been disallowed or is not a claim affected by the plan, that creditor or security holder may accept or reject the plan and any modification of the plan within the time set by the court. Notwithstanding an objection to a claim, the court may temporarily allow such claim in such amount as the court deems proper for the purpose of acceptance or rejection under this section. “(b) General rule.— Except as provided in subsection (d), the plan may be confirmed only if it has been accepted in writing by or on behalf of creditors holding at least two-thirds in amount of the claims of each class allowed under section 88 and more than 50 percent in number of the claims of each class allowed under section 88. “(c) Computing acceptance.— The two-thirds majority required by subsection (b) is two-thirds in amount of the claims allowed under section 88 of creditors who file an acceptance or rejection within the time fixed by the court, but not including claims held or controlled by the petitioner, or claims of creditors specified in subsection (d). The more than 50 percent required by subsection (b) is more than 50 percent in number of the claims allowed under section 88 of creditors who file an acceptance or rejection within the time fixed by the court, but not including claims held or controlled by the petitioner, or claims of creditors specified in subsection (d). “(d) Exception.— It is not requisite to the confirmation of the plan that there be such acceptance by any creditor or class of creditors— “(1) whose claims are not affected by the plan; “(2) if the plan makes provision for the payment of their claims in cash in full; or “(3) if provision is made in the plan for the protection of the interests, claims, or lien of such creditor or class of creditors. “(e) Acceptance of modification.— If the court finds that a proposed modification does not materially and adversely affect the interest of a creditor, the modification shall be deemed accepted by that creditor

Notice.

 if that creditor lies previously accepted the plan. If the court determines that a modification does materially and adversely affect the interest of a creditor, that creditor shall be given notice of the proposed modification and the time allowed for its acceptance or rejection. The number of acceptances of the plan as modified required by subsection (b) shall be obtained. The plan as modified shall be deemed to have been accepted by any creditor who accepted the plan and who fails to file a written rejection of the modification with the court within such reasonable time as shall be allowed in the notice to that creditor of the proposed modification.
“Sec. 93.

11 USC 413.

 Objection to Plan.— A creditor who holds a claim affected by the plan or a special tax payer affected by the plan may file with the court an objection to the confirmation of the plan. The Securities90 STAT. 323 and Exchange Commission may also file with the court, tin objection to the confirmation of the plan, but in the case of an objection filed under this section, the Securities and Exchange Commission may not appeal or file any petition for appeal. An objection to the con fornication of the plan may be filed with the court any time prior to ten days before the hearing on the confirmation of the plan, or within such other times set by the court.
“Sec. 94. Confirmation.—

11 USC 414.

 “(a) Hearing on confirmation.— Within a reasonable time after the expiration of the time set by the court within which the plan and any modifications of the plan may be accepted or rejected, the court shall hold a hearing on the confirmation of the plan and any modifications of the plan. The court shall give notice of the hearing and of

Notice.

 the time allowed for filing objections to all parties entitled to object under section 93. The court may, for cause shown, permit a labor union or employees’ association, that represents employees of the petitioner, to be heard on the economic soundness of the plan affecting the interests of the represented employees. “(b) Conditions for confirmation.— The court shall confirm the plan if— “(1) the plan is fair and equitable and feasible and does not discriminate unfairly in favor of any creditor or class of creditors; “(2) the plan complies with the provisions of this chapter; “(3) the plan has been accepted as required by section 92; “(4) all amounts to be paid by the petitioner or by any person, not including other governmental entities, for services and expenses in the case or incident to the plan have been fully disclosed and are reasonable; “(5) the offer of the plan and its acceptance are in good faith; and “(6) the petitioner is not prohibited by law from taking any action necessary to lie taken by it to carry out The plan.
“Sec. 95. Effect of Confirmation.—

11 USC 415.

 “(a) Provisions of plan binding.— The provisions of a confirmed plan shall be binding on the petitioner and on any creditor who had timely notice or actual knowledge of the petition or plan, whether or not such creditor’s claim has been allowed under section 88, and whether or not such creditor has accepted the plan. “(b) Discharge.— “(1) Tile petitioner is discharged from all claims against it provided for in the plan except as provided in paragraph (2) of this subsection as of the time when— “(A) the plan has been confirmed; “(B) the petitioner has deposited the money, securities, or other consideration to lie distributed under the plan with a disbursing agent appointed by the court: and “(C) the court has deter mined— “(i) that any security so deposited will constitute upon distribution a valid legal obligation of the petitioner; and “(ii) that any provision made to pay or secure payment of such obligation is valid. “(2) The petitioner is not discharged under paragraph (1) of this subsection from any claim— “(A) excepted from discharge by the plan or order confirming the plan; or “(B) whose holder, prior to confirmation, had neither timely notice nor actual knowledge, of neither the petition nor the plan.
90 STAT. 324
“Sec. 96.

11 USC 416.

 Postconfirmatton Matters.— “(a) Time allowed fob deposit under the plan.— Prior to or promptly after confirmation of the plan, the court shall fix a time within which the petitioner shall deposit with the disbursing agent appointed by the court any consideration to be distributed under the plan. “(b) Duties of petitioner.— The petitioner shall comply with the plan and the orders of the court relative to the plan, and shall take all actions necessary to carry out the plan. The court may direct the petitioner and other necessary parties to execute and deliver or to join in the execution and delivery of any instrument required to effect a transfer of property under the plan and to perform such other acts including the satisfaction of a hen, as the court determines to be necessary for the consummation of the plan. “(c) Distribution.— Distribution shall be made in accordance with the provisions of the plan to creditors whose claims have been allowed under section 88. Distribution may be made at the date the order confirming the plan becomes final to holders of securities of record whose claims have not been disallowed. “(d) Compliance date.— When a plan requires presentment or surrender of securities or the performance of any other action as a condition to participation under the plan, such action shall be taken not later than five years after the entry of the order of confirmation. A person who has not within such time presented or surrendered that person’s securities or token such other action required by the plan shall not participate in any distribution under the plan, and the consideration deposited with the disbursing agent for distribution to such person shall become the property of the petitioner. “(e) Continuing jurisdiction.— The court may retain jurisdiction over the case for such period of time as the court determines is necessary for the successful execution of the plan. “(f) Order or decree as evidence and notice.— A certified copy of any order or decree entered by the court in a case under this chapter shall be evidence of the jurisdiction of the court, the regularity or the proceedings, and the fact that the order was made. A certified copy of an order providing for the transfer of any property dealt with by the plan shall be evidence of the transfer of title accordingly, and, if recorded as conveyances are recorded, shall impart the same notice that a deed, if recorded, would impart.
“Sec. 97.

11 USC 417.

 Effect of Exchange of Debt Securities Before Date of the Petition.— The exchange of new debt securities under the plan for claims covered by the plan, whether the exchange occurred before or after the date of the petition, does not limit or impair the effectiveness of the plan or of any provision of this chapter. The written consents of the holders of any securities outstanding as the result of any such exchange under the plan shall be included as acceptances of such plan in computing the acceptance required under section 92.
90 STAT. 325
“Sec. 98. Dismissal.—

11 USC 418.

 “(a) Permissive dismissal.— The court may dismiss the case after hearing on notice— “(1) for want of prosecution; “(2) if no plan is proposed within the time fixed or extended by the court; “(3) if no proposed plan is accepted within the time fixed or extended by the court; or “(4) where the court has retained jurisdiction after confirmation of a plan— “(A) if the petitioner defaults in any of the terms of the plan; or “(B) if a plan terminates by reason of the happening of a condition specified therein. “(b) Mandatory dismissal.—The court shall dismiss the case if confirmation is refused.”.
Sec. 2. Separability.— If any provision of this chapter or the application

11 USC 401 note.

 thereof to any agency, instrumentality, or subdivision is held invalid, the remainder of the chapter, or the application of such provision to any other agency or instrumentality or political subdivision shall not be affected by such holding.
Sec. 3. If the amendment made by this Act is judicially finally determined

11 USC 401 note.

11 USC 401 et seq.

 to be unconstitutional then chapter IX of the Bankruptcy Act, as such chapter IX existed on the day before the date of enactment of this Act, is revived and shall have full force and effect with respect to cases filed after such determination.
Approved April 8, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–686 (Comm. on the Judiciary) and No. 94–938 (Comm. of Conference). SENATE REPORT No. 94–458 accompanying S. 2597 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 9, S. 2597 considered in Senate; considered and passed House.

Dec. 10, considered and passed Senate, amended, in lieu of S. 2597.

Vol. 122 (1976): Mar. 25. House receded and concurred in Senate amendments with amendments; Senate agreed to conference report, concurred in House amendments.

 Public Law 94–261: To amend chapter 33 of title 44, United States Code, to change the membership and extend the life of the National Study Commission on Records nod Documents of Federal Officials, and for other purposes. Public Law 261 Public Law 94–261 90 Stat. 326 1976-04-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 326 Public Law 94–261 94th Congress
An Act To amend chapter 33 of title 44, United States Code, to change the membership and extend the life of the National Study Commission on Records nod Documents of Federal Officials, and for other purposes.

Apr. 11, 1976

[H.R. ]

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

National Study Commission on Records and Documents of Federal Officials.

Extension.

44 USC 3318.
That chapter 33 of title 44, United States Code, is amended as follows: (a) Section 3318 of chapter 33 is amended— (1) by deleting subsection (a)(1)(E) in its entirety and substituting in lieu thereof the following: “(E) one member of the Federal judiciary appointed by the Chief Justice of the United States.”; and (2) by deleting “section 5703(b) of title 5, United States Code” from subsection (e)(2), and substituting in lieu thereof “section 5703 of title 5, United States Code”. (b)

44 USC 3322.

 Section 3322 of chapter 33 is amended by deleting “March 31, 1976” and substituting in lieu thereof “March 31, 1977”.
Approved April 11, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–974 accompanying H.R. 11286 (Comm. on House Administration). SENATE REPORT No. 94–713 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 00 (1976):

Mar. 30, considered and passed Senate.

Mar. 31, considered and passed House, in lieu of H.R. 11286.

 Public Law 94–262: To convey certain federally owned land to the Twentynine Palms Park and Recreation District. Public Law 262 Public Law 94–262 90 Stat. 327 1976-04-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 327 Public Law 94–262 94th Congress
An Act To convey certain federally owned land to the Twentynine Palms Park and Recreation District.

Apr. 11, 1976

[H.R. 1466]

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

That all right, title,

Twentynine Palms Park and Recreation District, Calif.

Land conveyance.

and interest of the United States in and to the following described land are hereby conveyed to the Twentynine Palms Park and Recreation District subject to the provisions of section 2.

Commencing at a point on the west line of section 33, township 1 north, range 9 east, San Bernardino base and meridian, California, 139.5 feet, north of the southwest corner of the northwest quarter of said section, thence north along west line of said section 208.71 feet, thence east parallel with the south line of said section 208.71 feet, thence south parallel with the west line of said section 208.71 feet; thence west parallel with the south line of said section 208.71 feet to the point of beginning, containing one acre, more or less.
Sec. 2. The land conveyed by this Act shall be used only as an

Indian cemetery and museum.

 Indian cemetery and historical museum site for the interest of the general public, and title to the land shall revert to the United States Government if the land is used for other purposes.
Approved April 11, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–477 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–729 (Comm. on interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 6, considered and passed House.

Vol. 122 (1976): Apr. 1, considered and passed Senate.

 Public Law 94–263: To designate April 13, 1078, as “Thomas Jefferson Day”. Public Law 263 Public Law 94–263 90 Stat. 328 1976-04-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 328 Public Law 94–263 94th Congress
Joint Resolution To designate April 13, 1078, as “Thomas Jefferson Day”.

Apr. 13, 1976

[H.J. Res. 670]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Thomas Jefferson Day.

Designation.
That April 13, 1976, the birthday of Thomas Jefferson, is designated as “Thomas Jefferson Day”, and the President is authorized and requested to issue a proclamation calling for the observance of such day with appropriate ceremonies and activities.
Approved April 13, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–979 (Comm. on Poet Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 5, considered and passed House and Senate.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 16:

Apr. 13, Presidential statement.

 Public Law 94–264: To name the building known as the Library of Congress Annex to be the Library of Congress Thomas Jefferson Building. Public Law 264 Public Law 94–264 90 Stat. 329 1976-04-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 329 Public Law 94–264 94th Congress
An Act To name the building known as the Library of Congress Annex to be the Library of Congress Thomas Jefferson Building.

Apr. 13, 1976

[S. 2920]

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

Library of Congress Thomas Jefferson Building.

Designation.

2 USC 141 note.

 in the block bounded by East Capitol Street, Second Street Southeast, Third Street Southeast, and Pennsylvania Avenue Southeast, in the District of Columbia (commonly known as the Library of Congress Annex), shall hereafter be known and designated as the “Library of Congress Thomas Jefferson Building”. Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Library of Congress Thomas Jefferson Building.
Approved April 13, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–719 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 31, considered and passed Senate.

Apr. 12, considered and passed House.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol, 12, No. 16:

Apr. 13, Presidential statement.

 Public Law 94–265: To provide for the conservation and management of the fisheries, and for other purposes. Public Law 265 Public Law 94–265 90 Stat. 331 1976-04-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 331 Public Law 94–265 94th Congress
An Act To provide for the conservation and management of the fisheries, and for other purposes.

Apr. 13, 1976

[H.R. 200]

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

Fishery Conservation and Management Act of 1976.

16 USC 1801 note.

 the following table of contents, may be cited as the “Fishery Conservation and Management Act of 1976”. Sec. 2. Sec. 3. TITLE I— Sec. 101. Sec. 102. Sec. 103. Sec. 104. TITLE II— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308. Sec. 309. Sec. 310. Sec. 311. Sec. 312. TITLE IV— Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406.
SEC. 2. FINDINGS, PURPOSES AND POLICY (a) Findings.— The Congress finds and declares the following:

16 USC 1801.

 (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources.90 STAT. 332 These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) As a consequence of increased fishing pressure and because of the inadequacy of fishery conservation and management practices and controls (A) certain stocks of such fish have been overfished to the point where their survival is threatened, and (B) other such stocks have been so substantially reduced in number that they could become similarly threatened. (3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. (4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. (5) Fishery resources are finite but renewable. If placed under sound management lie fore overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis. (6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, and to realize the full potential of the Nation’s fishery resources. (7) A national program for the development of fisheries which are underutilized or not utilized by United States fishermen, including bottom fish off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby. (b) Purposes.— It is therefore declared to be the purposes of the Congress in this Act— (1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species mid Continental Shelf fishery resources of the United States, by establishing (A) a fishery conservation zone within which the United States will assume exclusive fishery management authority over all fish, except highly migratory species, and (B) exclusive fishery management authority beyond such zone over such anadromous species and Continental Shelf fishery resources; (2) to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to encourage the negotiation and implementation of additional such agreements as necessary; (3) to promote domestic commercial and recreational fishing under sound conservation and management principles; (4) to provide for the preparation and implementation, in accordance with national standards, of fishery management plans90 STAT. 333 which will achieve and maintain, on a continuing basis, the optimum yield from each fishery; (5) to establish Regional Fishery Management Councils to prepare, monitor, and revise such plans under circumstances (A) which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the States; and (6) to encourage the development of fisheries which are currently underutilized or not utilized by United States fishermen, including bottom fish off Alaska. (c) Policy.— It is further declared to be the policy of the Congress in this Act— (1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources, as provided for in this Act; (2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary for the conservation and management of fishery resources, as provided for in this Act; (3) to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the needs of, interested and affected States and citizens; promotes efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, management, and enforcement; and is workable and effective; (4) to permit foreign fishing consistent with the provisions of this Act; and (5) to support and encourage continued active United States efforts to obtain an internationally acceptable treaty, at the Third United Nations Conference on the Law of the Sea, which provides for effective conservation and management of fishery resources.
SEC. 3 DEFINITIONS. As used in this Act, unless the context otherwise requires—

16 USC 1802.

 (1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters. (2) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that— (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and (iii) there will be a multiplicity of options available with respect to future uses of these resources. (3) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the super-90 STAT. 334jacent waters admits of the exploitation of the natural resources of such areas. (4) The term “Continental Shelf fishery resources” means the following: Colenterata Bamboo Coral—Acanella spp.; Black Coral—Antipathes spp.; Gold Coral—Callogorgia spp.; Precious Red Coral—CoraIlium spp.; Bamboo Coral—Keratoisis spp.; and Gold Coral—Parazoanthus spp. Crustacea Tanner Crab—Chionoecetes tanneri; Tanner Crab—Chionoecetes opilio; Tanner Crab—Chionoecetes angulatus; Tanner Crab—Chionoecetes bairdi; King Crab—Paralithodes camtschatica; King Crab—Paralithodes platypus; King Crab—Paralithodes brevipes; Lobster—Homarus americanos; Dungeness Crab—Cancer magister; California King Crab—Paralithodes californiensis; California King Crab—Paralithodes rathbuni; Golden King Crab—Lithodes aequispinus; Northern Stone Crab—Lithodes maja; Stone Crab—Menippe mercenaria; and Deep-sea Bed Crab—Geryon quinquedens. Mollusks Red Abalone—Haliotis rufescens; Pink Abalone—Haliotis corrugata; Japanese Abalone—Haliotis kamtsehatkana; Queen Conch—Strom bus gigas; Surf Clam—Spisula solidissima; and Ocean Quahog—Artica islándica. Sponges Glove Sponge—Hippiospongia canaliculata; Sheepswool Sponge—Hippiospongia lachne; Grass Sponge—Spongia gramínea; and Yellow Sponge—Spongia barbera.

Publication in Federal Register.

If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either—

 (A) immobile on or under the seabed, or (B) unable to move except in constant physical contact with the seabed or subsoil, of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this Act. (5) The term “Council” means any Regional Fishery Management Council established under section 302. 90 STAT. 335 (6) The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds, and highly migratory species. (7) The term “fishery” means— (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (B) any fishing for such stocks. (8) The term “fishery conservation zone” means the fishery conservation zone established by section 101, (9) The term “fishery resource” means any fishery, any stock of fish, any species of fish, and any habitat of fish. (10) The term “fishing” means— (A) the catching, taking, or harvesting of fish; (B) the attempted catching, taking, or harvesting of fish; (C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). Such term does not include any scientific research activity which is conducted by a scientific research vessel. (11) The term “fishing vessel” means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for— (A) fishing; or (B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. (12) The term “foreign fishing” means fishing by a vessel other than a vessel of the United States. (13) The term “high seas” means all waters beyond the territorial sea of the United States and beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the United States, (14) The term “highly migratory species” means species of tuna which, in the course of their life cycle, spawn and migrate over great distances in waters of the ocean. (15) The term “international fishery agreement” means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party, (16) The term “Marine Fisheries Commission” means the. Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific Marine Fisheries Commission. (17) The term “national standards” means the national standards for fishery conservation and management set forth in section 301. (18) The term “optimum”, with respect to the yield from a fishery, means the amount of fish— (A) which will provide the greatest overall benefit to the Nation, with particular reference to food production and recreational opportunities; and (B) which is prescribed as such on the basis of the maximum sustainable yield from such fishery, as modified by any relevant economic, social, or ecological factor. 90 STAT. 336 (19) The term “person” means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. (20) The term “Secretary” means the Secretary of Commerce or his designee. (21) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. (22) The term “stock of fish” means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. (23) The term “treaty” means any international fishery agreement which is a treaty within the meaning of section 2 of article

USC prec. title 1.

 II of the Constitution. (24) The term “United States”, when used in a geographical context, means all the States thereof. (25) The term “vessel of the United States” means any vessel documented under the laws of the United States or registered under the laws of any State.
<num value="I">TITLE I—</num> <heading class="inline">FISHERY MANAGEMENT AUTHORITY OF THE UNITED STATES</heading> <section> <num value="101">SEC. 101. </num> <heading>FISHERY CONSERVATION ZONE.</heading> <content><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1811">16 USC 1811</ref>.</p></sidenote>There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102">SEC 102. </num> <heading>EXCLUSIVE FISHERY MANAGEMENT AUTHORITY</heading> <chapeau><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1812">16 USC 1812</ref>.</p></sidenote>The United States shall exercise exclusive fishery management authority, in the manner provided for in this Act, over the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>All fish within the fishery conservation zone.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>All anadromous species throughout the migratory range of each such species beyond the fishery conservation zone; except that such management authority shall not extend to such species during the time they are found within any foreign nation’s territorial sea or fishery conservation zone (or the equivalent), to the extent that such sea or zone is recognized by the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>All Continental Shelf fishery resources beyond the fishery conservation zone,</content> </paragraph> </section> <section> <num value="103">SEC. 103. </num> <heading>HIGHLY MIGRATORY SPECIES.</heading> <content><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1813">16 USC 1813</ref>.</p></sidenote>The exclusive fishery management authority of the United States shall not include, nor shall it be construed to extend to, highly migratory species of fish.</content> </section> <section> <num value="104">SEC. 104. </num> <heading>EFFECTIVE DATE.</heading> <content><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1811">16 USC 1811 note</ref>.</p></sidenote>This title shall take effect March 1, 1977.</content> </section> 90 STAT. 337 <num value="II">TITLE II—</num> <heading class="inline">FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS</heading> <section> <num value="201">SEC. 201. </num> <heading>FOREIGN FISHING.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <chapeau>After February 28, 1977, no foreign fishing is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1821">16 USC 1821</ref>.</p></sidenote> authorized within the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond the fishery conservation zone, unless such foreign fishing—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="111">(111) </num> <content>is authorized under subsection (b) or (c);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is not prohibited by subsection (f); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is conducted under, and in accordance with, a valid and applicable permit issued pursuant to section 204.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Existing International Fishery Agreements</inline>.—</heading> <chapeau>Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 202(b) or (c)), if such agreement—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>was in effect on the date of enactment of this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Governing International Fishery Agreements</inline>.—</heading> <chapeau>Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of section 203. Any such international fishery agreement shall hereafter in this Act be referred to as a “governing international fishery agreement”. Each governing international fishery agreement shall acknowledge the exclusive fishery management authority of the United States, as set forth in this Act. It is the sense<sidenote><p class="firstIndent0 fontsize8">Terms and conditions.</p></sidenote> of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this Act, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau>any officer authorized to enforce the provisions of this Act (as provided for in section 311) be permitted—<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 358.</p></sidenote></chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>to board, and search or inspect, any such vessel at any time,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>to make arrests and seizures provided for in section 311(b) whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 307, and <sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 355.</p></sidenote></content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>to examine and make notations on the permit issued pursuant to section 204 for such vessel;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the permit issued for any such vessel pursuant to section 204 be prominently displayed in the wheelhouse of such vessel;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>transponders, or such other appropriate position-fixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines<page identifier="/us/stat/90/338">90 STAT. 338</page> to be appropriate, be installed and maintained in working order on each such vessel;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>duly authorized United States observers be permitted on board any such vessel and that the United States be reimbursed for the cost of such observers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>any fees required under section 204(b)(10) be paid in advance;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>agents be appointed and maintained within the United States who are authorized to receive and respond to any legal process issued in the United States with respect to such owner or operator; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>responsibility be assumed, in accordance with any requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or damage to, their fishing vessels, fishing gear, or catch which is caused by any fishing vessel of that nation;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">and will abide by any other monitoring, compliance, or enforcement requirement related to fishery conservation and management which is included in such agreement.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The foreign nation and the owners or operators of all of the fishing vessels of such nation shall not, in any year, exceed such nation’s allocation of the total allowable level of foreign fishing, as determined under subsection (e).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>The foreign nation will—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>apply, pursuant to section 204, for any required permits;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>deliver promptly to the owner or operator of the appropriate fishing vessel any permit which is issued under that section for such vessel; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>abide by, and take appropriate steps under its own laws to assure that all such owners and operators comply with, section 204(a) and the applicable conditions and rest restrictions established under section 204(b)(7).</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Total Allowable Level of Foreign Fishing</inline>.—</heading> <content>The total allowable level of foreign fishing, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, shall be that, portion of the optimum yield of such fishery which will not be harvested by vessels of the United States, as determined in accordance with the provisions of this Act,</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Allocation of Allowable Level</inline>.—</heading> <chapeau>The Secretary of State, in cooperation with the Secretary, shall determine the allocation among foreign nations of the total allowable level of foreign fishing which is permitted with respect to any fishery subject to the exclusive fishery management authority of the United States, In making any such determination, the Secretary of State and the Secretary shall consider—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>whether, and to what extent, the fishing vessels of such nations have traditionally engaged in fishing in such fishery;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>whether such nations have cooperated with the United States in, and made substantial contributions to, fishery research and the identification of fishery resources;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>whether such nations have cooperated with the United States in enforcement and with respect to the conservation and management of fishery resources; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Reciprocity</inline>.—</heading> <content>Foreign fishing shall not be authorized for the fishing vessels of any foreign nation unless such nation satisfies the<page identifier="/us/stat/90/339">90 STAT. 339</page> Secretary and the Secretary of State that such nation extends substantially the same fishing privileges to fishing vessels of the United States, if any, as the United States extends to foreign fishing vessels.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <heading><inline class="smallCaps">Preliminary Fishery Management Plans</inline>.—</heading> <chapeau>The Secretary, when notified by the Secretary of State that any foreign nation has submitted an application under section 204(b), shall prepare a preliminary fishery management plan for any fishery covered by such application if the Secretary determines that no fishery management plan for that fishery will lie prepared and implemented, pursuant to title III, before March 1, 1977. To the extent practicable, each such<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p, 346.</p></sidenote> plan—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>shall contain a preliminary description of the fishery and a preliminary determination as to the optimum yield from such fishery and the total allowable level of foreign fishing with respect to such fishery;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>shall require each foreign fishing vessel engaged or wishing to engage in such fishery to obtain a permit from the Secretary;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>shall require the submission of pertinent data to the Secretary, with respect to such fishery, as described in section 303(a)(5); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>may, to the extent necessary to prevent irreversible effects from overfishing, with respect to such fishery, contain conservation and management measures applicable to foreign fishing which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>are determined to be necessary, and appropriate for the conservation and management of such fishery,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>are consistent with the national standards, the other provisions of this Act, and other applicable law, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>are described in section 303(b)(2), (3), (4), (5), and</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Each preliminary fishery management plan shall be in effect with respect to foreign fishing for which permits have been issued until a fishery management plan is prepared and implemented, pursuant to title III, with respect to such fishery. The Secretary may, in accordance<sidenote><p class="firstIndent0 fontsize8">Regulations.</p></sidenote> with section 553 of title 5, United States Code, also prepare and promulgate interim regulations with respect to any such preliminary plan. Such regulations shall be in effect until regulations implementing the applicable fishery management plan are promulgated pursuant to sect ion 305.</continuation> </paragraph> </subsection> </section> <section> <num value="202">SEC. 202. </num> <heading>INTERNATIONAL FISHERY AGREEMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Negotiations</inline>.—</heading> <chapeau>The Secretary of State—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1822">16 USC 1822</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>shall renegotiate treaties as provided for in subsection (b);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>shall negotiate governing international fishery agreements described in section 201(e);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>may negotiate boundary agreements as provided for in subsection (d);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>which provide for the conservation and management of anadromous species and highly migratory species; and</content> </subparagraph> </paragraph> <page identifier="/us/stat/90/340">90 STAT. 340</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>may enter into such other negotiations, not prohibited by subsection (c), as may be necessary and appropriate to further the purposes, policy, and provisions of this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Treaty Renegotiation</inline>.—</heading> <content>The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after the date of enactment of this Act, the renegotiation of any treaty which pertains to fishing within the fishery conservation zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area, and which is in any manner inconsistent with the purposes, policy, or provisions of this Act, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the United States shall withdraw from any such treaty, in accordance with its provisions, if such treaty is not so renegotiated within a reasonable period of time after such date of enactment.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">International Fishery Agreements</inline>.—</heading> <chapeau>No international fishery agreement (other than a treaty) which pertains to foreign fishing within the fishery conservation zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>which is in effect on June 1, 1976, may thereafter be renewed, extended, or amended; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>may be entered into after May 31, 1976;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">by the United States unless it is in accordance with the provisions of section 201 (c).</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Boundary Negotiations</inline>.—</heading> <content>The Secretary of State, in cooperation with the Secretary, may initiate and conduct negotiations with any adjacent or opposite foreign nation to establish the boundaries of the fishery conservation zone of the United States in relation to any such nation.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Nonrecognition</inline>.—</heading> <chapeau>It is the sense of the Congress that the United States Government shall not recognize the claim of any foreign nation to a fishery conservation zone (or the equivalent) beyond such nation—s territorial sea, to the extent that such sea is recognized by the United States, if such nation—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fails to consider and take into account traditional fishing activity of fishing vessels of the United States:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>fails to recognize and accept that highly migratory species are to be managed by applicable international fishery agreements, whether or not such nation is a party to any such agreement; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>imposes on fishing vessels of the United States any conditions or restrictions which are unrelated to fishery conservation and management.</content> </paragraph> </subsection> </section> <section> <num value="203">SEC. 203. </num> <heading>CONGRESSIONAL OVERSIGHT OF GOVERNING INTERNATIONAL FISHERY AGREEMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent0 fontsize8">Transmittal to Congress.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1823">16 USC 1823</ref>.</p></sidenote> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>No governing international fishery agreement shall become effective with respect to the United States before the close of the first 60 calendar days of continuous session of the Congress after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international fishery agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.</content> </subsection> <page identifier="/us/stat/90/341">90 STAT. 341</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Referral to Committees</inline>.—</heading> <content>Any document described in subsection (a) shall be immediately referred in the House of Representatives to the Committee on Merchant Marine and Fisheries, and in the Senate to the Committees on Commerce and Foreign Relations.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Computation of 60-Day Period</inline>.—</heading> <chapeau>For purposes of subsection (a)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>continuity of session is broken only by an adjournment of Congress sine die; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Congressional Procedures</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Rules of the house of representatives and senate</inline>.—</heading> <chapeau>The provisions of this section are enacted by the Congress—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and they are deemed a part of the rides of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they supersede other rules only to the extent that they are inconsistent therewith; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, and in the same manner and to the same extent as in the case of any other rule of that House.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <chapeau>For purposes of this subsection, the term “fishery agreement resolution” refers to a joint resolution of either House of Congress—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the effect of which is to prohibit the entering into force and effect of any governing international fishery agreement the text of which is transmitted to the Congress pursuant to subsection (a); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>which is reported from the Committee on Merchant Marine and Fisheries of the House of Representatives or the Committee on Commerce or the Committee on Foreign Relations of the Senate, not later than 45 days after the date on which the document described in subsection (a) relating to that agreement is transmitted to the Congress.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Placement on calendar</inline>.—</heading> <content>Any fishery agreement resolution upon being reported shall immediately be placed on the appropriate calendar.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Floor consideration in the house</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>A motion in the House of Representatives to proceed to the consideration of any fishery agreement resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Debate in the House of Representatives on any fishery<sidenote><p class="firstIndent0 fontsize8">Debate limitation.</p></sidenote> agreement resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit any fishery agreement resolution or to move to reconsider the vote by which any fishery agreement resolution is agreed to or disagreed to.</content> </subparagraph> <page identifier="/us/stat/90/342">90 STAT. 342</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Motions to postpone, made in the House of Representatives with respect to the consideration Of any fishery agreement resolution, and motions to proceed to the, consideration of other business, shall be decided without debate.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>AU appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any fishery agreement resolution shall be decided without debate.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any fishery agreement resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Floor consideration in tick senate</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>A motion in the Senate, to proceed to the consideration of any fishery agreement resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num><sidenote><p class="firstIndent0 fontsize8">Debate limitation.</p></sidenote> <content>Debate in the Senate on any fishery agreement resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Debate in the Senate on any debatable motion or appeal in connection with any fishery agreement resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall lie controlled by the minority leader or Ills designee. The majority leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of any debatable motion or appeal, from time under their control with respect to the applicable fishery agreement resolution.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>A motion in the Senate to further limit debate is not debatable. A motion to recommit any fishery agreement resolution is not in order.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="204">SEC. 204. </num> <heading>PERMITS FOR FOREIGN FISHING.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1824">16 USC 1824</ref>.</p></sidenote> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>After February 28, 1977, no foreign fishing vessel shall engage in fishing within the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a valid permit issued under this section for such vessel.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Applications and Permits Under Governing International Fishery Agreements</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Eligibility</inline>.—</heading> <content>Each foreign nation with which the United States has entered into a governing international fishery agreement shall submit an application to the Secretary of State each year for a permit for each of its fishing vessels that wishes to engage in fishing described in subsection (a).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Forms</inline>.—</heading> <content>The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application.</content> </paragraph> <page identifier="/us/stat/90/343">90 STAT. 343</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Contents</inline>.—</heading> <chapeau>Any application made under this subsection shall specify—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the tonnage, capacity, speed, processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>each fishery in which each such vessel wishes to fish;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the amount of fish or tonnage of catch contemplated for each such vessel during the time such permit, is in force; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>the ocean area in which, and the season or period during which, such fishing will be conducted;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">and shall include any other pertinent information and material which the Secretary may require.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Transmittal for action</inline>.—</heading> <chapeau>Upon receipt of any application<sidenote><p class="firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote> which complies with the requirements of paragraph (8), the Secretary of State shall publish such application in the Federal Register and shall promptly transmit.—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>such application, together with his comments and recommendations thereon, to the Secretary;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>a copy of the application to each appropriate Council and to the Secretary of the department in which the Coast Guard is operating; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a copy of such material to the Committee on Merchant<sidenote><p class="firstIndent0 fontsize8">Transmittal to congressional committees.</p></sidenote> Marine and Fisheries of the House of Representatives and to the Committees on Commerce and Foreign Relations of the Senate.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Action by council</inline>.—</heading> <content>After receipt of an application transmitted<sidenote><p class="firstIndent0 fontsize8">Written comments.</p></sidenote> under paragraph (4)(B), each appropriate Council shall prepare and submit to the Secretary such written comments on the application as it deems appropriate. Such comments shall be submitted within 45 days after the date on which the application is received by the Council and may include recommendations with respect to approval of the application and, if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any bite rested person may submit comments to such Council with respect to any such application. The Council shall consider any such comments in formulating its submission to the Secretary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Approval</inline>.—</heading> <content>After receipt of any application transmitted under paragraph (4)(A), the Secretary shall consult with the Secretary of State and, with respect to enforcement, with the Secretary of the department in which the Coast Guard is operating. The Secretary, after taking into consideration the views and recommendations of such Secretaries, and any comments submitted by any Council under paragraph (5), may approve the application, if he determines that the fishing described in the application will meet the requirements of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Establishment of conditions and restrictions</inline>.—</heading> <chapeau>The Secretary shall establish conditions and restrictions which shall be included in each permit issued pursuant to any application approved under paragraph (6) and which must, be complied with by the owner or operator of the fishing vessel for which the permit, is issued. Such conditions and restrictions shall include the following:</chapeau> <page identifier="/us/stat/90/344">90 STAT. 344</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Ail of the requirements of any applicable fishery management plan, or preliminary fishery management plan, and the regulations promulgated to implement any such plan.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The requirement that no permit may be used by any vessel other than the fishing vessel for which it is issued.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>The requirements described in section 201(c)(1), (2), and (3).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>Any other condition and restriction related to fishery conservation and management which the Secretary prescribes as necessary and appropriate.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading><inline class="smallCaps">Notice of approval</inline>.—</heading> <chapeau>The Secretary shall promptly transmit a copy of each application approved under paragraph (6) and the conditions and restrictions established under paragraph (7) to</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the Secretary of State for transmittal to the foreign nation involved;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the Secretary of the department in which the Coast Guard is operating;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>any Council which has authority over any fishery specified in such application; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num><sidenote><p class="firstIndent0 fontsize8">Transmittal to congressional committees.</p></sidenote> <content>the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committees on Commerce and Foreign Relations of the Senate.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <heading><inline class="smallCaps">Disapproval of applications</inline>.—</heading> <content>If the Secretary does not approve any application submitted by a foreign nation under this subsection, he shall promptly inform the Secretary of State of the disapproval and his reasons therefore. The Secretary of State shall notify such foreign nation of the disapproval and the reasons therefor. Such foreign nation, after taking into consideration the reasons for disapproval, may submit a revised application under this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <heading><inline class="smallCaps">Fees</inline>.—</heading> <content>Reasonable fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to this subsection. The Secretary, in consultation with the Secretary of State, shall establish and publish a schedule of such fees, which shall apply nondiscriminatorily to each foreign nation. In determining the level of such fees, the Secretary may take into account, the cost of carrying out the provisions of this Act with respect to foreign fishing, including, but not limited to, the cost of fishery conservation and management, fisheries research, administration, and enforcement,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <heading><inline class="smallCaps">Issuance of permits</inline>.—</heading> <content>If a foreign nation notifies the Secretary of State of its acceptance of the conditions and restrictions established by the Secretary under paragraph (7), the Secretary of State shall promptly transmit such notification to the Secretary. Upon payment of the applicable fees established pursuant to paragraph (10), the Secretary shall thereupon issue to such foreign nation, through the Secretary of State, permits for the appropriate fishing vessels of that nation. Each permit shall contain a statement of all conditions and restrictions established under paragraph (7) which apply to the fishing vessel for which the permit is issued.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <heading><inline class="smallCaps">Sanctions</inline>.—</heading> <chapeau>If any foreign fishing vessel for which a permit has been issued pursuant to this subsection has been used in the commission of any act prohibited by section 307 the Secretary may, or if any civil penalty imposed under section 308 or any criminal fine imposed under section 309 has not been paid and is overdue the Secretary shall—</chapeau> <page identifier="/us/stat/90/345">90 STAT. 345</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>revoke such permit, with or without prejudice to the right of the foreign nation involved to obtain a permit for such vessel in any subsequent year;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>suspend such permit for the period of time deemed appropriate; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>impose additional conditions and restrictions on the approved application of the foreign nation involved and on any permit issued under such application.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Any permit which is suspended under this paragraph for non-payment of a civil penalty shall be reinstated by the Secretary upon the payment of such civil penalty together with interest thereon at the prevailing rate,</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Registration Permits</inline>.—</heading> <content>The Secretary of State, in cooperation with the Secretary, shall issue annually a registration permit for each fishing vessel of a foreign nation which is a party to an international fishery agreement under which foreign fishing is authorized by section 201(b) and which wishes to engage in fishing described in subsection (a). Each such permit shall set forth the terms and conditions contained in the agreement that apply with respect to such fishing, and shall include the additional requirement that the owner or operator of the fishing vessel for which the permit is issued shall prominently display such permit in the wheel house of such vessel and show it, upon request, to any officer authorized to enforce the provisions of this Act (as provided for in section 311). The Secretary of State, after consultation with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall prescribe the form and manner in which applications for registration permits may be made, and the forms of such permits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits.</content> </subsection> </section> <section> <num value="205">SEC. 205. </num> <heading>IMPORT PROHIBITIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Determinations by Secretary of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1825">16 USC 1825</ref>.</p></sidenote> State</inline>.—</heading> <chapeau>If the Secretary of State determines that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he has been unable, within a reasonable period of time, to conclude with any foreign nation an international fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation asserts exclusive fishery management authority, as recognized by the United States, in accordance with traditional fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 201 (c) and (d) and 204 (b)(7) and (10), because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good faith;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any foreign nation is not allowing fishing vessels of the United States to engage in fishing for highly migratory species in accordance with an applicable, international fishery agreement, whether or not such nation is a party thereto;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>any foreign nation is not complying with its obligations under any existing international fishery agreement concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclusive fishery management authority; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>any fishing vessel of the United States, while fishing in waters beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the United States, is seized by any foreign nation—</chapeau> <page identifier="/us/stat/90/346">90 STAT. 346</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in violation of an applicable international fishery agreement;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>without authorization under an agreement between the United States and such nation; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>as a consequence of a claim of jurisdiction which is not recognized by the United States;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">he shall certify such determination to the Secretary of the Treasury.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Prohibitions</inline>.—</heading> <chapeau>Upon receipt of any certification from the Secretary of State under subsection (a), the Secretary of the Treasury shall immediately take such action as may be necessary and appropriate to prohibit the importation into the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>of all fish and fish products from the fishery involved, if any; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon recommendation of the Secretary of State, such other fish or fish products, from any fishery of the foreign nation concerned, which the Secretary of State finds to be appropriate to carry out the purposes of this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Removal of Prohibition</inline>.—</heading> <content>If the Secretary of State finds that the reasons for the imposition of any import prohibition under this section no longer prevail, the Secretary of State shall notify the Secretary of the Treasury, who shall promptly remove such import prohibition.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>As used in this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The term “fish” includes any highly migratory species.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The term “fish products” means any article which is produced from or composed of (in whole or in part) any fish.</content> </paragraph> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">NATIONAL FISHERY MANAGEMENT PROGRAM</heading> <section> <num value="301">SEC. 301. </num> <heading>NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1851">16 USC 1851</ref>.</p></sidenote> <heading><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this title shall be consistent with the following national standards for fishery conservation and management:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Conservation and management measures shall prevent over-fishing while achieving, on a continuing basis, the optimum yield from each fishery.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Conservation and management measures shall be based upon the best scientific information available.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Conservation and management measures shall, where practicable, promote efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.</content> </paragraph> <page identifier="/us/stat/90/347">90 STAT. 347</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Guidelines</inline>.—</heading> <content>The Secretary shall establish guidelines, based on the national standards, to assist in the development of fishery management plans.</content> </subsection> </section> <section> <num value="302">SEC. 302. </num> <heading>REGIONAL FISHERY MANAGEMENT COUNCILS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading> <chapeau>There shall be established, within 120 days<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1852">16 USC 1852</ref>.</p><p class="firstIndent0 fontsize8">Establishment.</p></sidenote> after the date of the enactment of this Act, eight Regional Fishery Management Councils, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">New England council</inline>.—</heading> <content>The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States, The New England Council shall have 17 voting members, including 11 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Mid-atlantic council</inline>.—</heading> <content>The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, and Virginia and shall have authority over the fisheries in the Atlantic Ocean sea-ward of such States. The Mid-Atlantic Council shall have 19 voting members, including 12 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">South Atlantic council</inline>.—</heading> <content>The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States. The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State),</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Caribbean council</inline>.—</heading> <content>The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such States, The Caribbean Council shall have 7 voting members, including 4 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Gulf council</inline>.—</heading> <content>The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States. The Gulf Council shall have 17 voting members, including 11 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Pacific council</inline>.—</heading> <content>The Pacific Fishery Management Council shall consist of the States of California, Oregon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall, have 13 voting members, including 8 appointed by the<page identifier="/us/stat/90/348">90 STAT. 348</page> Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">North pacific council</inline>.—</heading> <content>The North Pacific Fishery Management Council shall consist of the States of Alaska. Washington, and Oregon and shall have authority over the fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska. The North Pacific Council shall have 11 voting members, including 7 appointed by the Secretary pursuant to subsection (b)(1)(C) (5 of whom shall be appointed from the State of Alaska and 2 of whom shall be appointed from the State of Washington).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading><inline class="smallCaps">Western pacific council</inline>.—</heading> <content>The Western Pacific Fishery Management Council shall consist of the State of Hawaii, American Samoa, and Guam and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Western Pacific Council shall have 11 voting members, including 7 appointed by the Secretary pursuant to subsection (b)(1)(C) (at least one of whom shall be appointed from each such State).</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Each Council shall reflect the expertise and interest of the several constituent States in the ocean area over which such Council is granted authority.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Voting Members</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The voting members of each Council shall be:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>The principal State official with marine fishery management responsibility and expertise in each constituent State, who is designated as such by the Governor of the State, so long as the official continues to hold such position, or the designee of such official.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The regional director of the National Marine Fisheries Service for the geographic area concerned, or his designee, except that if two such directors are within such geographical area, the Secretary shall designate which of such directors shall he the voting member.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>The members required to be appointed by the Secretary shall be appointed by the Secretary from a list of qualified individuals submitted by the Governor of each applicable constituent State. With respect to the initial such appointments, such Governors shall submit such lists to the Secretary as soon as practicable, not later than 45 days after the date of the enactment of<sidenote><p class="firstIndent0 fontsize8">“List of qualified individuals.”</p><p class="firstIndent0 fontsize8">“Qualified individual.”</p></sidenote> this Act. As used in this subparagraph, (i) the term “list of qualified individuals” shall include the names (including pertinent biographical data) of not less than three, such individuals for each applicable vacancy, and (ii) the term “qualified individual” means an individual who is knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest, of the fishery resources of the geographical area concerned.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Term.</p></sidenote> <content>Each voting member appointed to a Council pursuant to paragraph (1)(C) shall serve for a term of 3 years; except that, with respect to the members initially so appointed, the Secretary shall designate up to one-third thereof to serve for a term of 1 year, up to one-third thereof to serve for a term of 2 years, and the remaining such members to serve for a term of 3 years,</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Successors to the voting members of any Council shall be appointed in the same manner as the original voting members. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term.</content> </paragraph> </subsection> <page identifier="/us/stat/90/349">90 STAT. 349</page> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Nonvoting Members</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The nonvoting members of each Council shall be:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>The regional or area director of the United States Fish and Wildlife Service for the geographical area concerned, or his designee.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The commander of the Coast Guard district for the geographical area concerned, or his designee; except that, if two Coast Guard districts are within such geographical area, the commander designated for such purpose by the commandant of the Coast Guard.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>The executive director of the Marine Fisheries Commission for the geographical area concerned, if any, or his designee.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>One representative of the Department of State designated for such purpose by the Secretary of State, or his designee.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Pacific Council shall have one additional nonvoting member who shall be appointed by, and serve at the pleasure of, the Governor of Alaska.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Compensation and Expenses</inline>.—</heading> <content>The voting members of each Council, who are not employed by the Federal Government or any State or local government, shall receive compensation at the daily rate for GS–18 of the General Schedule when engaged in the actual performance<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> of duties for such Council. The voting members of each Council, any nonvoting member described in subsection (c)(1)(C), and the nonvoting member appointed pursuant to subsection (e)(2) shall be reimbursed for actual expenses incurred in the performance of such duties.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Transaction of Business</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>A majority of the voting members of any Council shall constitute a quorum, but one or more such members designated by the Council may hold hearings. All decisions of any Council shall be by majority vote of the voting members present and voting.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The voting members of each Council shall select a Chairman for such Council from among the voting members.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Each Council shall meet in the geographical area concerned at the call of the Chairman or upon the request of a majority of its voting members.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>If any voting member of a Council disagrees with respect to any matter which is transmitted to the Secretary by such Council, such member may submit a statement to the Secretary setting forth the reasons for such disagreement.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Staff and Administration</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Each Council may appoint, and assign duties to, an executive director and such other full- and part-time administrative employees as the Secretary determines are necessary to the performance of its functions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Upon the request of any Council, and after consultation with the Secretary, the head of any Federal agency is authorized to detail to such Council, on a reimbursable basis, any of the personnel of such agency, to assist such Council in the performance of its functions under this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Secretary shall provide to each Council such administrative and technical support services as are necessary for the effective functioning of such Council.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The Administrator of General Services shall furnish each Council with such offices, equipment, supplies, and services as he is authorized to furnish to any other agency or instrumentality of the United States.</content> </paragraph> <page identifier="/us/stat/90/350">90 STAT. 350</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The Secretary and the Secretary of State shall furnish each Council with relevant information concerning foreign fishing and international fishery agreements.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Each Council shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, in accordance with such uniform standards as are prescribed by the Secretary. Each Council shall publish and make available to the public a statement of its organization, practices, and procedures.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <chapeau>The Secretary shall pay—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the compensation and expenses provided for in subsection (d);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>appropriate compensation to employees appointed under paragraph (1);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the amounts required for reimbursement of other Federal agencies under paragraphs (2) and (4);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the actual expenses of the members of the committees and panels established under subsection (g); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>such other costs as the Secretary determines are necessary to the performance of the functions of the Councils.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <heading><inline class="smallCaps">Committees and Panels</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Each Council shall establish and maintain, and appoint the member’s of, a scientific and statistical committee to assist it in the development, collection, and evaluation of such statistical, biological, economic, social, and other scientific information as is relevant to such Council’s development and amendment of any fishery management plan.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Each Council shall establish such other advisory panels as are necessary or appropriate to assist it in carrying out its functions under this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <heading><inline class="smallCaps">Functions</inline>.—</heading> <chapeau>Each Council shall, in accordance with the provisions of this Act—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent0 fontsize8">Fishery management plan.</p></sidenote> <content>prepare and submit to the Secretary a fishery management plan with respect to each fishery within its geographical area of authority and, from time to time, such amendments to each such plan as are necessary;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Comments.</p></sidenote> <content>prepare comments on any application for foreign fishing transmitted to it under section 204(b)(4)(B), and any fishery management plan or amendment transmitted to it under section 304(c)(2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent0 fontsize8">Public hearings.</p></sidenote> <content>conduct public hearings, at appropriate times and in appropriate locations in the geographical area concerned, so as to allow all interested persons an op port unity to be heard in the development of fishery management plans and amendments to such plans, and with respect to the administration and implementation of the provisions of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent0 fontsize8">Reports.</p></sidenote> <chapeau>submit to the Secretary—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a report, before February 1 of each year, on the Council’s activities during the immediately preceding calendar year,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>such periodic reports as the Council deems appropriate, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>any other relevant report which may lie requested by the Secretary;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num><sidenote><p class="firstIndent0 fontsize8">Review.</p></sidenote> <content>review on a continuing basis, and revise as appropriate, the assessments and specifications made pursuant to section 303(a)(3) and (4) with respect to the optimum yield from, and the total allowable level of foreign fishing in, each fishery within its geographical area of authority; and</content> </paragraph> <page identifier="/us/stat/90/351">90 STAT. 351</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>conduct any other activities which are required by, or provided for in, this Act or which are necessary and appropriate to the foregoing functions.</content> </paragraph> </subsection> </section> <section> <num value="303">SEC. 303. </num> <heading>CONTENTS OF FISHERY MANAGEMENT PLANS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Required Provisions</inline>.—</heading> <chapeau>Any fishery management plan which<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1853">16 USC 1853</ref>.</p></sidenote> is prepared by any Council, or by the Secretary, with respect to any fishery, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United States, which are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>necessary and appropriate for the conservation and management of the fishery;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>described in this subsection or subsection (b), or both; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>consistent with the national standards, the other provisions of this Act, and any other applicable law;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>contain a description of the fishery, including, but not limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the information utilized in making such specification;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>assess and specify—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the capacity and the extent to which fishing vessels of the. United States, on an annual basis, will harvest the optimum yield specified under paragraph (3), and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the portion of such optimum yield which, on an annual basis, will not be harvested by fishing vessels of the United States and can be made available for foreign fishing; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>specify the pertinent data which shall be submitted to the Secretary with respect to the fishery, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in, time of fishing, and number of hauls.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Discretionary Provisions</inline>.—</heading> <chapeau>Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>require a permit to be obtained from, and fees to be paid to, the Secretary with respect to any fishing vessel of the United States fishing, or wishing to fish, in the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond such zone;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>designate zones where, and periods when, fishing shall be limited, or shall not be permitted, or shall be permitted only by specified types of fishing vessels or with specified types and quantities of fishing gear;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>establish specified limitations on the catch of fish (based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors), which are necessary and appropriate for the conservation and management of the fishery;</content> </paragraph> <page identifier="/us/stat/90/352">90 STAT. 352</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>prohibit, limit, condition, or require the use of specified types and quantities of fishing gear, fishing vessels, or equipment for such vessels, including devices which may be required to facilitate enforcement of the provisions of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>incorporate (consistent with the national standards, the other provisions of this Act, and any other applicable law) the relevant fishery conservation and management measures of the coastal States nearest to the fishery;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <chapeau>establish a system for limiting access to the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>present participation in the fishery,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>historical fishing practices in, and dependence on, the fishery,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the economics of the fishery,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the capability of fishing vessels used in the fishery to engage in other fisheries,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>the cultural and social framework relevant to the fishery, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>any other relevant considerations; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for the conservation and management of the fishery.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Proposed Regulations</inline>.—</heading> <content>Any Council may prepare any proposed regulations which it deems necessary and appropriate to carry out any fishery management plan, or any amendment to any fishery management plan, which is prepared by it. Such proposed regulations shall be submitted to the Secretary, together with such plan or amendment, for action by the Secretary pursuant to sections 304 and 305.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Confidentiality of Statistics</inline>.—</heading> <content>Any statistics submitted to the Secretary by any person in compliance with any requirement under subsection (a)(5) shall be confidential and shall not be disclosed except when required under court order. The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve such confidentiality, except that the Secretary may release or make public any such statistics in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any person who submits such statistics.</content> </subsection> </section> <section> <num value="304">SEC. 304. </num> <heading>ACTION BY THE SECRETARY.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1854">16 USC 1854</ref>.</p></sidenote> <heading><inline class="smallCaps">Action by the Secretary After Receipt of Plan</inline>.—</heading> <chapeau>Within 60 days after the Secretary receives any fishery management plan, or any amendment to any such plan, which is prepared by any Council, the Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>review such plan or amendment pursuant to subsection (b); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">In the case of disapproval or partial disapproval, the Secretary shall include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request, to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council receives such notification.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Review by the Secretary</inline>.—</heading> <chapeau>The Secretary shall review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether<page identifier="/us/stat/90/353">90 STAT. 353</page> it is consistent with the national standards, the other provisions of this Act, and any other applicable law. In carrying out such review, the Secretary shall consult with—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Secretary of State with respect to foreign fishing; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Preparation by the Secretary</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The Secretary may prepare a fishery management plan, with respect to any fishery, or any amendment to any such plan, in accordance with the national standards, the other provisions of this Act, and any other applicable law, if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the appropriate Council fails to develop and submit to the Secretary, after a reasonable, period of time, a fishery management plan for such fishery, or any necessary amendment to such a plan, if such fishery requires conservation and management; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the Secretary disapproves or partially disapproves any such plan or amendment, and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2).</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">In preparing any such plan or amendment, the Secretary shall consult with the Secretary of Stale with respect, to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Whenever, pursuant to paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall promptly transmit such plan or amendment to the appropriate Council for consideration and comment. Within 45 days after the date of receipt of such plan or amendment, the appropriate Council may recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this Act, and any other applicable, law. After the expiration of such 45-day period, the Secretary may implement such plan or amendment pursuant to section 305.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Notwithatanding paragraph (1), the Secretary may not include in any fishery management plan, or any amendment to any such plan, prepared by him, a provision establishing a limited access system described in section 303(b)(6), unless such system is first approved by a majority of the voting members, present, and voting, of each appropriate Council.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Establishment of Fees</inline>.—</heading> <content>The Secretary shall by regulation<sidenote><p class="firstIndent0 fontsize8">Regulations.</p></sidenote> establish the level of any fees which are authorized to be charged pursuant to section 303(b)(1). Such level shall not exceed the administrative costs incurred by the Secretary in issuing such permits.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Fisheries Research</inline>.—</heading> <content>The Secretary shall initiate and maintain a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matte re bearing upon the abundance and availability of fish.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Miscellaneous Duties</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>designate which Council shall prepare the fishery management plan for such fishery and any amendment to such plan; or</content> </subparagraph> <page identifier="/us/stat/90/354">90 STAT. 354</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>may require that the plan and amendment be prepared jointly by the Councils concerned.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">No jointly prepared plan or amendment may be submitted to the Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils.</content> </paragraph> </subsection> </section> <section> <num value="305">SEC. 305. </num> <heading>IMPLEMENTATION OF FISHERY MANAGEMENT PLANS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent0 fontsize8">Publication in Federal Register.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1855">16 USC 1855</ref>.</p></sidenote> <heading><inline class="smallCaps">In General</inline>.—</heading> <chapeau>As soon us practicable after the Secretary—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>approves, pursuant to section 304 (a) and (b), any fishery management plan or amendment; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prepares, pursuant to section 304(c), any fishery management plan or amendment;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall publish in the Federal Register (A) such plan or amendment, and (B) any regulations which he proposes to promulgate<sidenote><p class="firstIndent0 fontsize8">Written comments.</p></sidenote> to implement such plan or amendment. Interested persons shall be afforded a period of not less than 45 days after such publication within which to submit in writing data, views, or comments on the plan or amendment, and on the proposed regulations.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Hearing</inline>.—</heading> <chapeau>The Secretary may schedule a hearing, in accordance with section 553 of title 5, United States Code, on any fishery management plan, any amendment to any such plan, and any regulations to implement any such plan or amendment. If any such hearing is scheduled, the Secretary may, pending its outcome—</chapeau> <level class="indent1 fontsize10"> <num value="A">(A) </num> <content>postpone the effective date of the regulations proposed to implement such plan or amendment; or</content> </level> <level class="indent1 fontsize10"> <num value="B">(B) </num> <content>take such other action as he deems appropriate to preserve the rights or status of any person.</content> </level> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Regulations.</p></sidenote> <heading><inline class="smallCaps">Implementation</inline>.—</heading> <chapeau>The Secretary shall promulgate regulations to implement any fishery management plan or any amendment to any such plan—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>after consideration of all relevant matters—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>presented to him during the 45-day period referred to in subsection (a), and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>produced in any hearing held under subsection (b); and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if he finds that the plan or amendment is consistent with the national standards, the other provisions of this Act, and any other applicable law.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">To the extent practicable, such regulations shall be put into effect in a manner which does not disrupt the regular fishing season for any fishery.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Judicial Review</inline>.—</heading> <content>Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5. United States<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s701">5 USC 701 <i>et seq</i></ref>.</p></sidenote> Code, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated; except that (1) section 705 of such title is not applicable, and (2) the appropriate court shall only set aside any such regulation on a ground specified in section 706(2)(A), (B), (C), or (D) of such title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="firstIndent0 fontsize8">Emergency regulations.</p></sidenote> <heading><inline class="smallCaps">Emergency Actions</inline>.—</heading> <chapeau>If the Secretary finds that an emergency involving any fishery resources exists, he may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>promulgate emergency regulations, without regard to subsections (a) and (c), to implement any fishery management plan, if such emergency so requires; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>promulgate emergency regulations to amend any regulation which implements any existing fishery management plan, to the extent required by such emergency.</content> </paragraph> <page identifier="/us/stat/90/355">90 STAT. 355</page> <continuation class="indent0 firstIndent0 fontsize10">Any emergency regulation which changes any existing fishery management plan shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation<sidenote><p class="firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote> promulgated under this subsection (A) shall be published in the Federal Register together with the reasons therefor; (B) shall remain in effect for not more than 45 days after the date of such publication, except that any such regulation may be repromulgated for one additional period of not more than 45 days; and (C) may be<sidenote><p class="firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote> terminated by the Secretary at any earlier date by publication in the Federal Register of a notice of termination.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Annual Report</inline>.—</heading> <content>The Secretary shall report to the Congress<sidenote><p class="firstIndent0 fontsize8">Report to Congress and President.</p></sidenote> and the President, not later than March 1 of each year, on all activities of the Councils and the Secretary with respect to fishery management plans, regulations to implement such plans, and all other activities relating to the conservation and management of fishery resources that were undertaken under this Act during the preceding calendar year.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <heading><inline class="smallCaps">Responsibility of the Secretary</inline>.—</heading> <content>The Secretary shall have general responsibility to carry out any fishery management plan or amendment approved or prepared by him, in accordance with the provisions of this Act. The Secretary may promulgate such regulations,<sidenote><p class="firstIndent0 fontsize8">Regulations.</p></sidenote> in accordance with section 553 of title 5, United States Code, as may be necessary to discharge such responsibility or to carry out any other provision of this Act.</content> </subsection> </section> <section> <num value="306">SEC. 306. </num> <heading>STATE JURISDICTION.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Except as provided in subsection (b), nothing<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1856">16 USC 1856</ref>.</p></sidenote> in this Act shall be construed as extending or diminishing the jurisdiction or authority of any State within its boundaries. No State may directly or indirectly regulate any fishing which is engaged in by any fishing vessel outside its boundaries, unless such vessel is registered under the laws of such State.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>If the Secretary finds, after notice and an<sidenote><p class="firstIndent0 fontsize8">Notice and hearing.</p></sidenote> opportunity for a hearing in accordance with section 554 of title 5, United States Code, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the fishing in a fishery, which is covered by a fishery management plan implemented under this Act, is engaged in predominately within the fishery conservation zone and beyond such zone; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>any State has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of such fishery management plan;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall promptly notify such State and the appropriate Council of such finding and of his intention to regulate the applicable fishery within the boundaries of such State (other than its internal waters), pursuant to such fishery management plan and the regulations promulgated to implement such plan.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>If the Secretary, pursuant to this subsection, assumes responsibility for the regulation of any fishery, the State involved may at any time thereafter apply to the Secretary for reinstatement of its authority over such fishery. If the Secretary finds that the reasons for which he assumed such regulation no longer prevail, he shall promptly terminate such regulation.</content> </paragraph> </subsection> </section> <section> <num value="307">SEC. 307. </num> <heading>PROHIBITED ACTS.</heading> <chapeau>It is unlawful—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1857">16 USC 1857</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>for any person—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>to violate any provision of this Act or any regulation or permit issued pursuant to this Act;</content> </subparagraph> <page identifier="/us/stat/90/356">90 STAT. 356</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to section 201 (c);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>to refuse to permit any officer authorized to enforce the provisions of this Act (as provided for in section 311) to board a fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this Act or any regulation, permit, or agreement referred to in subparagraph (A) or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subparagraph (D);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>to resist a lawful arrest for any act prohibited by this section;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or agreement referred to in subparagraph (A) or (C); or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>for any vessel other than a vessel of the United States, and for the owner or operator of any vessel other than a vessel of the United States, to engage in fishing—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>within the boundaries of any State; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>within the fishery conservation zone, or for any anadromous species or Continental Shelf fishery resources beyond such zone, unless such fishing is authorized by, and conducted in accordance with, a valid and applicable permit issued pursuant to section 204 (b) or (c).</content> </subparagraph> </paragraph> </section> <section> <num value="308">SEC. 308. </num> <heading>CIVIL PENALTIES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1858">16 USC 1858</ref>.</p></sidenote> <heading><inline class="smallCaps">Assessment of Penalty</inline>.—</heading> <content>Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account, the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Review of Civil Penalty</inline>.—</heading> <content>Any person against whom a civil penalty is assessed under subsection (a) may obtain review thereof in the appropriate court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found<page identifier="/us/stat/90/357">90 STAT. 357</page> or such penalty imposed, as provided in section 2112 of title 28, United States Code. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5, United States Code.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Action Upon Failure To Pay Assessment</inline>.—</heading> <content>If any person fails to pay an assessment, of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Compromise or Other Action by Secretary</inline>.—</heading> <content>The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.</content> </subsection> </section> <section> <num value="309">SEC. 309. </num> <heading>CRIMINAL OFFENSES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Offenses</inline>.—</heading> <chapeau>A person is guilty of an offense if he commits any<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1859">16 USC 1859</ref>.</p></sidenote> act prohibited by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>section 307(1) (D), (E), (F), or (H); or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>section 307(2).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Punishment</inline>.—</heading> <content>Any offense described in subsection (a)(1) is punishable by a fine of not more than $50,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this Act (as provided for in section 311), or places any such officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $100,000, or imprisonment for not more than 1 year, or both.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Jurisdiction</inline>.—</heading> <content>There is Federal jurisdiction over any offense described in this section.</content> </subsection> </section> <section> <num value="310">SEC. 310. </num> <heading>CIVIL FORFEITURES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Any fishing vessel (including its fishing gear,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1860">16 USC 1860</ref>.</p></sidenote> furniture, appurtenances, stores, and cargo) used, and any fish taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 307 (other than any act for which the issuance of a citation under section 311(c) is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish shall, be forfeited to the United States pursuant to a civil proceeding under this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Jurisdiction of Courts</inline>.—</heading> <content>Any district court of the United States which has jurisdiction under section 311(d) shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Judgment</inline>.—</heading> <chapeau>If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this Act or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the disposition of forfeited property,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the proceeds from the sale of forfeited property,</content> </paragraph> <page identifier="/us/stat/90/358">90 STAT. 358</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the remission or mitigation of forfeitures, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the compromise of claims,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this Act. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, with respect to tins Act, be performed by officers or other persons designated for such purpose by the Secretary.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Procedure</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 311 (d) shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>stay the execution of such process; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>discharge any fish seized pursuant to such process;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof, without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Any fish seized pursuant to this Act may be sold, subject to the approval and direction of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Rebuttable Presumption</inline>.—</heading> <content>For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is seized in connection with an act prohibited by section 307 were taken or retained in violation of this Act.</content> </subsection> </section> <section> <num value="311">SEC. 311. </num> <heading>ENFORCEMENT.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1861">16 USC 1861</ref>.</p></sidenote> <heading><inline class="smallCaps">Responsibility</inline>.—</heading> <content>The provisions of this Act shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities, of any other Federal agency, including all elements of the Department of Defense,<sidenote><p class="firstIndent0 fontsize8">Reports to congressional committees.</p></sidenote> and of any State agency, in the performance of such duties. Such Secretaries shall report semiannually, to each committee of the Congress listed in section 203(b) and to the Councils, on the degree and extent of known and estimated compliance with the provisions of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Powers of Authorized Officers</inline>.—</heading> <chapeau>Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this Act may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>with or without a warrant or other process—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 307;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>board, and search or inspect, any fishing vessel which is subject to the provisions of this Act:</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed<page identifier="/us/stat/90/359">90 STAT. 359</page> in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>seize any fish (wherever found) taken or retained in violation of any provision of this Act; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>seize any other evidence related to any violation of any provision of this Act;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>execute any warrant or other process issued by any court of competent jurisdiction; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>exercise any other lawful authority.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Issuance of Citations</inline>.—</heading> <content>If any officer authorized to enforce the provisions of this Act (as provided for in this section) finds that a fishing vessel is operating or has been operated in violation of any provision of this Act, such officer may in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (b). If a permit has been issued pursuant to this Act for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection,</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Jurisdiction of Courts</inline>.—</heading> <chapeau>The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. In the case of Guam, and any Commonweal tn, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. Any such court may, at any time—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>enter restraining orders or prohibitions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>issue warrants, process in rem, or other process;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>prescribe and accept satisfactory bonds or other security; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>take such other actions as are in the interest of justice.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <chapeau>For purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The term “provisions of this Act” includes (A) any regulation or permit issued pursuant to this Act, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 201 (b) or (c), with respect to fishing subject to the exclusive fishery management authority of the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The term “violation of any provision of this Act” includes (A) the commission of any act prohibited by section 307, and (B) the violation of any regulation, permit, or agreement referred to in paragraph (1).</content> </paragraph> </subsection> </section> <section> <num value="312">SEC. 312. </num> <heading>EFFECTIVE DATE OF CERTAIN PROVISIONS.</heading> <content>Sections 307, 308, 308, 310, and 311 shall take effect March 1, 1977. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1857">16 USC 1857 note</ref>.</p></sidenote></content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section> <num value="401">SEC. 401. </num> <heading>EFFECT ON LAW OF THE SEA TREATY.</heading> <content>If the United States ratifies a comprehensive treaty, which includes<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1881">16 USC 1881</ref>.</p></sidenote> provisions with respect to fishery conservation and management jurisdiction, resulting from any United Nations Conference on the Law of the Sea, the Secretary, after consultation with the Secretary of State, may promulgate any amendment to the regulations promulgated under this Act if such amendment is necessary and appropriate to<page identifier="/us/stat/90/360">90 STAT. 360</page> conform such regulations to the provisions of such treaty, in anticipation of the date when such treaty shall come into force and effect for, or otherwise be applicable to, the United States.</content> </section> <section> <num value="402">SEC. 402. </num> <heading>REPEALS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>The Act of October 14, 1966 (16 U.S.C. 1091–1094), is repealed as of March 1, 1977.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Act of May 20, 1964 (16 U.S.C. 1081–1086), is repealed as of March 1, 1977.</content> </subsection> </section> <section> <num value="403">SEC. 403. </num> <heading>FISHERMEN’S PROTECTIVE ACT AMENDMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Amendments</inline>.—</heading> <chapeau>The Act of August 27, 1954 (22 U.S.C. 1972), is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by amending section 2 thereof to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">“Sec</inline>. 2. </num> <chapeau class="inline">If—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>are unrelated to fishery conservation and management,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>fail to consider and take into account traditional fishing practices of vessels of the United States,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States ( as established in title I of the<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 331.</p></sidenote> Fishery Conservation and Management Act of 1976), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <chapeau> <p class="inline">fail to allow fishing vessels of the United States equitable access to fish subject to such country’s exclusive fishery management authority;</p> <p class="indent0 firstIndent0 fontsize10">and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are necessary—</p> </chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>for the protection of such vessel and for the health and welfare of its crew;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to secure the release of such vessel and its crew’; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under section<sidenote><p class="firstIndent0 fontsize8"><i>Infra</i>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s1973">22 USC 1973</ref>.</p></sidenote> 3 (a) of this Act.”; and</content> </clause> </subparagraph> </paragraph> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by amending section 3 (a) thereof by inserting immediately before the last sentence thereof the following new sentence: “<quotedText>For purposes of this section, the term ‘other direct charge’ means any levy, ’ however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee.</quotedText>”</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s1972">22 USC 1972 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s1973">22 USC 1973 note</ref>.</p></sidenote> <heading><inline class="smallCaps">Effective Date</inline>.—</heading><content>The amendment made by subsection (a)(1) shall take effect March 1, 1977. The amendment made by subsection (a)(2) shall apply with respect to seizures of vessels of the United States occurring on or after December 31, 1974.</content> </subsection> </section> <section> <num value="404">SEC. 404. </num> <heading>MARINE MAMMAL PROTECTION ACT AMENDMENT.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Amendment</inline>.—</heading> <content>Section 3(15)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1.362(15)(B)) is amended by striking<page identifier="/us/stat/90/361">90 STAT. 361</page> out “<quotedText>the fisheries zone established pursuant, to the Act of October 14, 1966.</quotedText>” and inserting in lieu thereof “<quotedText>the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendment made by subsection (a)<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1362">16 USC 1362 note</ref>.</p></sidenote> shall take effect March 1, 1977.</content> </subsection> </section> <section> <num value="405">SEC. 405. </num> <heading>ATLANTIC TUNAS CONVENTION ACT AMENDMENT.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Amendment</inline>.—</heading> <content>Section 2(4) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971(4)) is amended by striking out “<quotedText>the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094),</quotedText>” and inserting in lieu thereof “<quotedText>the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendment made by subsection (a) shall<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s971">16 USC 971 note</ref>.</p></sidenote> take effect March 1, 1977.</content> </subsection> </section> <section> <num value="406">SEC. 406. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <chapeau>There are authorized to be appropriated to the Secretary, for purposes<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s1882">16 USC 1882</ref>.</p></sidenote> of carrying out the provisions of this Act, not to exceed the following sums:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$5,000,000 for the fiscal year ending June 30, 1976.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$5,000,000 for the transitional fiscal quarter ending September 30, 1976.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>$25,000,000 for the fiscal year ending September 30, 1977.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>$30,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> </section> Approved April 13, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–445 (Comm. on Merchant Marine and Fisheries) and No. 94–948 (Comm. of Conference). SENATE REPORTS: No. 94–416 (Comm. on Commerce), No. 94–459 (Comm. on Foreign Relations), and No. 94–515 (Comm. on Armed Services) all accompanying S. 961, and No. 94–711 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 9, considered and passed House.

Dec. 19, S. 961 considered in Senate.

Vol. 122 (1976): Jan. 19–22, 27, S. 961 considered in Senate.

Jan. 28, considered and passed Senate, amended, in lieu of S. 961.

Mar. 29, Senate agreed to conference report.

Mar. 30, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 16 (1976): Apr. 13, Presidential statement.

 Public Law 94–266: Making emergency supplemental appropriations for public employment programs summer youth programs, and preventive health services for the fiscal year ending June 30, 1976, and for other purposes Public Law 266 Public Law 94–266 90 Stat. 362 1976-04-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 362 Public Law 94–266 94th Congress
Joint Resolution Making emergency supplemental appropriations for public employment programs summer youth programs, and preventive health services for the fiscal year ending June 30, 1976, and for other purposes

Apr. 15, 1976

[H.J. Res. 890]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Emergency supplemental appropriations 1976.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1976, namely:
<num value="I">TITLE I </num> <heading class="centered">INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>Environmental Protection Agency</heading> <appropriations level="small"><heading>construction grants</heading> <content>For an additional amount for liquidation of obligations incurred pursuant to authority contained in section 203 of the Federal Water<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t33/s1283">33 USC 1283</ref>.</p></sidenote> Pollution Control Act, as amended, $300,000,000, to remain available until expended.</content> </appropriations> </appropriations> <num value="II">TITLE II </num> <heading class="centered">DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"><heading>Employment and Training Administration</heading> <appropriations level="small"><heading>comprehensive manpower assistance</heading> <content>For an additional amount for “<quotedText>Comprehensive manpower assistance</quotedText>”, $528,420,000, to remain available until September 30, 1976.</content> </appropriations> <appropriations level="small"><heading>temporary employment assistance</heading> <content>For expenses necessary to carry out activities authorized by title II of the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 841–851), $1,200,000,000, to remain available until January 31, 1977.</content> </appropriations> <appropriations level="small"><heading>community service employment for older americans</heading> <content><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t33/s3056">42 USC 3056</ref>.</p></sidenote>To carry out title IX of the Older Americans Act, as amended, $55,900,000, to remain available until June 30, 1977.</content> </appropriations> </appropriations> <page identifier="/us/stat/90/363">90 STAT. 363</page> <appropriations level="major"><heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"><heading>Center for Disease Control</heading> <appropriations level="small"><heading>preventive health services</heading> <content>For an additional amount for “Preventive Health Services” for carrying out, to the extent not otherwise provided, title III and section 431 of the Public Health Service Act for a comprehensive,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s241/289a">42 USC 241, 289a</ref>.</p></sidenote> nationwide influenza immunization program, $135,064,000, to remain available until expended: <proviso><i>Provided</i>, That vaccines may be supplied to State and local health agencies without, charge.</proviso></content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>RELATED AGENCY</heading> <appropriations level="intermediate"><heading>Community Services Administration</heading> <appropriations level="small"><heading>community services program</heading> <content>For an additional amount for “Community services program”, $23,000,000, to remain available until September 30, 1976.</content> </appropriations> </appropriations> </appropriations> Approved April 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1004 (Comm. on Appropriations). SENATE REPORT No. 94–742 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 5, considered and passed House.

Apr. 9, considered and passed Senate, amended.

Apr. 12. House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 16:

Apr. 15. Presidential statement.

 Public Law 94–267: To amend the Internal Revenue Code of 1951 to permit tax-free rollovers of distributions from employee retirement plans in the event of plan termination. Public Law 267 Public Law 94–267 90 Stat. 365 1976-04-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 365 Public Law 94–267 94th Congress
An Act To amend the Internal Revenue Code of 1951 to permit tax-free rollovers of distributions from employee retirement plans in the event of plan termination.

Apr. 15, 1976

[H.R. 12725]

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

Internal Revenue Code of 1954, amendments.

26 USC 402.

 (a) Termination of Employee Trust, etc.— Section 402(a) of the Internal Revenue Code of 1954 (relating to taxability of beneficiaries of exempt trusts) is amended— (1) by striking out paragraph (5)(A) and inserting in lieu thereof the following: “(A) the balance to the credit of an employee is paid to him— “(i) within one taxable year of the employee on account of a termination of the plan of which the trust is a part or, in the case of a profit-sharing or stock bonus plan, a complete discontinuance of contributions under such plan, or “(ii) in one or more distributions which constitute a lump-sum distribution within the meaning of subsection (e)(4)(A) (determined without reference to subsection (e)(4)(B)),”. (2) by striking out “the lump-sum distribution” in the last sentence of paragraph (5) and inserting in lieu thereof “a payment”, and (3) by adding at the end thereof the following paragraph: “(6) Special rollover rules.— For purposes of paragraph (5)(A)(i)— “(A) Time of termination.— A complete discontinuance of contributions under a profit-sharing or stock bonus plan shall be deemed to occur on the day the plan administrator notifies the Secretary or his delegate (in accordance with regulations prescribed by the Secretary or his delegate) that all contributions to the plan have been completely discontinued. For purposes of section 411(d)(3), the plan shall be

26 USC 411.

 considered to be terminated no later than the day such notice is filed with the Secretary or his delegate. “(B) Sale of subsidiary or assets.— “(i) A payment of the balance to the credit of an employee of a corporation (hereinafter referred to as the employer corporation) which is a

26 USC 425.

 subsidiary corporation (within the meaning of section 425(f)) or which is a member of a controlled group of corporations (within the meaning of section 1563(a), determined by substituting

26 USC 1563.

 ‘50 percent’ for ‘80 percent’ each place it appears therein) in connection with the liquidation, sale, or other means of terminating the pa rent-subsidiary or controlled group relationship of the employer corporation with the parent corporation or controlled group, or “(ii) a payment of the balance to the credit of an employee of a corporation (hereinafter referred to as the acquiring corporation) in connection with the sale or90 STAT. 366 other transfer to the acquiring corporation of all or substantially all of the assets used by the previous employer of the employee (hereinafter referred to as the selling corporation) in a trade or business conducted by the selling corporation, shall be treated as a payment or distribution on account of the termination of the plan with respect to such employee if the employees of the employer corporation or the acquiring corporation (whichever applies) are not active participants in such plan at the time of such payment or distribution. For purposes of this subparagraph, in no event shall a payment or distribution be deemed to be in connection with a sale or other transfer of assets, or a liquidation, sale, or other means of terminating such pa rent-subsidiary or controlled group relationship, if such payment or distribution is made later than the end of the second calendar year after the calendar year in which occurs such sale or other transfer of assets, or such liquidation, sale, or other means of terminating such parent-subsidiary or controlled group relationship.”. (b)

26 USC 403.

 Termination of Annuity Plan.— Section 493(a) (relating to rollover amounts) is amended— (1) by striking out subparagraph (4)(A) and inserting in lieu thereof the following: “(A) the balance to the credit of an employee is paid to him— “(i) within one taxable year of the employee on account of a termination of the plan of which such trust is a part or, in the case of a profit-sharing plan, a complete discontinuance of contributions under such plan, or “(ii) in one or more distributions which constitutes a lump-sum distribution within the meaning of section 402

26 USC 402.

 (e)(4)(A) (determined without reference to section 402 (e)(4)(B)),”, (2) by striking out “the lump-sum distribution” in the last sentence of paragraph (4) and inserting in lieu thereof “a payment”, and (3) by adding at the end thereof the following paragraph: “(5) Special rollover rules.— For purposes of paragraph (4)(A)(i)— “(A) Time of termination.— A complete discontinuance of contributions under a profit-sharing plan shall be deemed to occur on the day the plan administrator notifies the Secretary or his delegate (in accordance with regulations prescribed by the Secretary or Ids delegate) that all contributions to the plan have been completely discontinued. For purposes of

26 USC 411.

 section 411(d)(3), the plan shall be considered to be terminated no later than the day such notice is filed with the Secretary or his delegate. “(B) Sale of subsidiary or assets.— “(i) A payment of the balance to the credit of an employee of a corporation (hereinafter referred to as the employer corporation) which is a subsidiary corporation

26 USC 425.

 (within the meaning of section 425(f)) or which is a member of a controlled group of corporations

26 USC 1563.

 (within the meaning of section 1563(a), determined by substituting ‘50 percent’ for ‘80 percent’ each place it appears therein) in connection with the liquidation, sale, or other90 STAT. 367 means of terminating the parent-subsidiary or controlled group relationship of the employer corporation with the parent corporation or controlled group, or “(ii) A payment of the balance to the credit of an employee of a corporation (hereinafter referred to as the acquiring corporation) in connection with the sale or other transfer to the acquiring corporation of all or substantially all of the assets used by the previous employer of the employee (hereinafter referred to as the selling corporation) in a trade or business conducted by the selling corporation, shall be treated as a payment or distribution on account of the the termination of the plan with respect to such employee if the employees of the employer corporation or the acquiring corporation (whichever applies) are not active participants in such plan at the time of such payment or distribution. For purposes of this subparagraph, in no event shall a payment or distribution be deemed to be in accordance with a sale or other transfer of assets, or a liquidation, sale, or other means of terminating such parent-subsidiary or controlled group relationship, if such payment or distribution is made later than the end of the second calendar year after the calendar year in which occurs such sale or other transfer of assets, or such liquidation, sale, or other means of terminating such parent-subsidiary or controlled group relationship.”. (c) Conforming Amendments.— (1) Section 401(a) of such Code (relating to requirements for

Qualification requirements.

26 USC 401.

 qualification) is amended by adding after paragraph (19) the following: “(20) A trust forming part of a pension plan shall not lie treated as failing to constitute a qualified trust under this section merely because the pension plan of which such trust is a part makes a payment or distribution described in section 402(a)(5)(A)(i) or 403

Ante, p. 365.

Ante, p. 366.

 (a)(4)(A)(i). This paragraph shall not apply to a defined benefit plan unless the employer maintaining such plan files a notice with the Pension Benefit Guaranty Corporation (at the time and in the manner prescribed by the Pension Benefit Guaranty Corporation) notifying the Corporation of such payment or distribution and the Corporation has approved such payment or distribution or, within 90 days after the date on which such notice was filed, has failed to disapprove such payment or distribution.”. (2) The last sentence of section 401(a) of such Code is amended by striking out “and (19) ” and inserting in lieu thereof “ (19), and (20)”. (3) Section 404(a)(2) of such Code (relating to employee

26 USC 404.

 annuities) is amended by striking out “and (19)” and inserting in lieu thereof (19), and (20) ”. (4) Section 805(d)(1)(C) of such Code (relating to pension

26 USC 805.

 plan reserves) is amended by striking out “and (19)” and inserting in lieu thereof “ (19), and (20)”. (d) Transitional Rules.—

26 USC 402 note.

 (1) In general.— (A) Period for rollover contribution.— Id the case of a payment described in section 402(a)(5)(A) (other than a payment described in section 402(a)(5)(A) as in effect on the day before the date of the enactment of this Act) or section 403(a)(4)(A) (other than a payment described in90 STAT. 368 section 403(a)(4)(A) as in effect on the day before the date of the enactment of this Act) of the Internal Revenue Code

26 USC 403.

 of 1954 (relating to distributions of the balance to the credit of the employee) which is contributed by an employee after the date of the enactment of this Act to a trust, plan, account, annuity, or bond described in section 402(a)(5)(B)

26 USC 402.

 or 403 (a)(4)(B) of such Code, the applicable period specified in section 402(a)(5)(B) or 403(a)(4)(B) of such Code (relating to rollover distributions to another plan or retirement account) shall not expire before December 31, 1976. (B) Time or contribution.— (i) General rule.— If the initial portion of a payment the applicable period for which is determined under subparagraph (A) is contributed before December 31, 1976, by an individual to a trust, plan, account, annuity, or bond described in subparagraph (A) and the remaining portion of such payment is contributed by such individual to such a trust, plan, account, annuity, or bond not later than 30 days after the date a credit or refund is allowed by the Secretary of the Treasury or his delegate

26 USC 6402.

 under section 6402 of the Internal Revenue Code of 1954 with respect to the contribution, then, for purposes of subparagraph (A) and sections 402(a)(5) and 403(a)(4) of such Code, at the election of the individual (made in accordance with regulations prescribed by the Secretary or his delegate), such remaining portion shall be considered to have been contributed on the date the initial portion of the payment was contributed. For purposes of this subparagraph, the initial portion of a payment is the amount by which such payment exceeds the amount of the tax imposed on such payment by chapter 1 of such

26 USC 1.

 Code (determined without regard to this subparagraph). (ii) Regulations.— For purposes of this subparagraph, the tax imposed on a payment by chapter I of the Internal Revenue Code of 1954, and the date a credit or refund is allowed by the Secretary of the Treasury or his delegate under section 6402 with respect to a contribution, shall be determined under regulations prescribed by the Secretary of the Treasury or his delegate. (C) Period of limitations.— If an individual has made the election provided by subparagraph (B), then— (i) the period provided by the Internal Revenue Code

26 USC 1 et seq.

 of 1954 for the assessment of any deficiency for the taxable year in which the payment described in subparagraph (A) was made and each subsequent taxable year for which tax is determined by reference to the treatment of such payment under such Code or the status under such Code of any trust, plan, account, annuity, or bond described in subparagraph (A) shall, to the extent attributable to such treatment, not expire before the expiration of 3years from the date the Secretary of the Treasury or his delegate is notified by the individual (in such manner as the Secretary of the Treasury or his delegate may prescribe) that such individual has made (or failed to make) the contribution of the remaining portion of the payment within the period specified in subparagraph (B)(i),and 90 STAT. 369 (ii) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of section 6212(c) of such Code or the provisions of any

26 USC 6212.

 other law or rule of law which would otherwise prevent such assessment. (2) Rollover contribution for certain property sold.— Sections 402(a)(5)(C) and 403(a)(4)(C) of the Internal Revenue Code of 1954 (relating to the requirement that rollover

26 USC 402, 403.

 amount must consist of property received in a distribution) shall not apply with respect to that portion of the property received in a payment described in section 402(a)(5)(A) (other than a payment described in section 402(a)(5)(A) as in effect on the day before the date of the enactment of this Act) or 403(a)(4)(A) (other than a payment described in section 403(a)(4)(A)

Ante, p. 366.

 as in effect on the day before the date of the enactment of this Act) of such Code which is sold or exchanged by the employee on or before the date of the enactment of this Act, if the employee transfers an amount of cash equal to the proceeds received from the sale or exchange of such property in excess of the amount considered contributed by the employee (within the meaning of section 402(a)(4)(D)(i) of such Code). (3) Nonrecognition of gain or loss.— For purposes of the Internal Revenue Code of 1954, no gain or Ices shall be recognized with respect to the sale or exchange of property described in paragraph (2) if the proceeds of such sale or exchange are transferred by an employee in accordance with this subsection and the applicable provisions of section 402(a)(5) or 403(a)(4) of such Code. (e) Effective Date.— The amendments made by this Act shall

26 USC 401 note.

 apply with respect to payments made to an employee on or after July 4, 1974.
Approved April 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1020 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976);

Apr. 13, considered and passed House.

Apr. 14, considered and passed Senate.

 Public Law 94–268: To provide for the modification of the boundaries of the Bristol Cliffs Wilderness Area. Public Law 268 Public Law 94–268 90 Stat. 370 1976-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 370 Public Law 94–268 94th Congress
An Act To provide for the modification of the boundaries of the Bristol Cliffs Wilderness Area.

Apr. 16, 1976

[S. 2308]

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

Bristol Cliffs Wilderness Area, Vt.

Boundaries modification.

16 USC 1132 note.
That for the purpose of modifying the boundaries of the Bristol Cliffs Wilderness, section 3 of the Act of January 3, 1975 (88 Stat. 2097), is amended as follows: (a) Paragraph (10) of section 3(a) is deleted and paragraphs (11) through (15) of section 3(a) are respectively renumbered as paragraphs (10) through (14). (b) Section 3(b) is revised to read: “(b)

16 USC 1131 note.

 In furtherance of the purposes of the Wilderness Act, the following lands are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: “(1) certain lands in the Chattahoochee and Cherokee National Forests, Georgia and Tennessee, which comprise about thirty-four thousand five hundred acres, are generally depicted on a map dated April 1973, entitled ‘Cohutta Wilderness Area—Proposed’, and shall be known as the Cohutta Wilderness. “(2) certain lands in the Green Mountain National Forest, Vermont, which comprise about three thousand seven hundred and seventy-five acres, are generally depicted on a map dated October 1975, entitled ‘Bristol Cliffs Wilderness Area—Revised’, and shall be known as the Bristol Cliffs Wilderness.”.
Sec. 2. Upon enactment of this Act, the provisions of the Act of January 3, 1975 (88 Stat. 2096) and the Wilderness Act (78 Stat. 890) shall not be applicable to any lands previously designated as the Bristol Cliffs Wilderness that are not contained within the boundaries of the Bristol Cliffs Wilderness as depicted on the map described in section 1(b) of this Act.
Approved April 16, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–984 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–414 (Comm. on Agriculture arid Forestry). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 8, considered and passed Senate.

Vol. 122 (1976): Apr. 5, considered and passed House.

 Public Law 94–269: To amend Public Law 91 187 to increase the authorization for appropriations to the Energy Research and Development Administration in accordance with section 261 of the Atomic Energy Act of 1854, as amended, section 305 of the Energy Reorganization Act of 1974, and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974, auditor other purposes. Public Law 269 Public Law 94–269 90 Stat. 371 1976-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 371 Public Law 94–269 94th Congress
An Act To amend Public Law 91 187 to increase the authorization for appropriations to the Energy Research and Development Administration in accordance with section 261 of the Atomic Energy Act of 1854, as amended, section 305 of the Energy Reorganization Act of 1974, and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974, auditor other purposes.

Apr. 16, 1976

[S. 3108]

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

Energy Research and Development Administration.

Appropriation authorization.

 <num value="I">TITLE I—</num> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1976</heading> <section class="firstIndent1 fontsize10"> <content class="inline">That section 101(a)(5) of Public Law 94–187 is hereby amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/89/1063">89 Stat. 1063</ref>.</p></sidenote> by striking therefrom the figure “<quotedText>$3,158,970,000</quotedText>” and substituting the figure “<quotedText>$3,188,970,000</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <content class="inline">Section 101(b) of Public Law 94–187 is hereby amended by striking from subsection (15)(G), capital equipment, the figure “<quotedText>$237,502,000</quotedText>” and substituting the figure “<quotedText>$241,502,000</quotedText>”.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS FOR THE PERIOD JULY 1, 1976, THROUGH SEPTEMBER 30, 1976</heading> <content>That section 201(a)(5) of Public Law 94–187 is hereby amended by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/89/1071">89 Stat. 1071</ref>.</p></sidenote> striking therefrom the figure “<quotedText>$914,849,000</quotedText>” and substituting the figure “<quotedText>$937,849,000</quotedText>”.</content> Approved April 16, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–931 accompanying H.R. 12388 (Joint Committee on Atomic Energy). SENATE REPORT No. 94–707 (Joint Committee on Atomic Energy). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 24, considered and passed Senate.

Apr. 6, considered and passed House, in lieu of H.R. 12388.

 Public Law 94–270: To authorize the President to issue a proclamation designating that week in November which Includes Thanksgiving Day as “National Family Week”. Public Law 270 Public Law 94–270 90 Stat. 372 1976-04-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 372 Public Law 94–270 94th Congress
Joint Resolution To authorize the President to issue a proclamation designating that week in November which Includes Thanksgiving Day as “National Family Week”.

Apr. 19, 1976

[S.J. Res. 101]

 Resolved by the Senate and Rouse o f Representatives of the United States of America tn Congress assembled,

National Family Week.

Designation authorization.
That the President is hereby authorized and requested to issue a proclamation designating the week beginning on November 21, 1976, as “National Family 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 day with appropriate ceremonies and activities.
Approved April 19, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–982 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94–427 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct 20, considered and passed Senate.

Vol. 122 (1976): Apr, 5, considered and passed House, amended.

Apr. 7, Senate concurred in House amendment.

 Public Law 94–271: To provide for the division of assets between the Twenty-Nine Palms Band and the Cabazon Band of Mission Indians, California, including certain funds in the United States Treasury, and for other purposes. Public Law 271 Public Law 94–271 90 Stat. 373 1976-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 373 Public Law 94–271 94th Congress
An Act To provide for the division of assets between the Twenty-Nine Palms Band and the Cabazon Band of Mission Indians, California, including certain funds in the United States Treasury, and for other purposes.

Apr. 21, 1976

[H.R. 1465]

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

Twenty-Nine Palms Band of Mission Indians, Calif.

Lands in trust.

 of the Interior, acting for and on behalf of the United States and the Cabazon Band, is hereby authorized and directed to convey to the Twenty-Nine Palms Band of Mission Indians the beneficial interest in the northeast quarter northeast quarter northwest quarter and northeast quarter southeast, quarter section 30, township 5 south, range 8 east, San Bernardino base and meridian, California, comprising two hundred and forty acres, more or less, as shown on Bureau of Land Management plat of survey approved July 30, 1927.
Sec. 2. The conveyance authorized by this Act shall be by trust patent and title shall be held by the United States in trust for the Twenty-Nine Palms Band of Mission Indians.
Sec. 3. The Secretary of the Interior is authorized and directed to distribute from the tribal fund of the Cabazon Band of Mission Indians to the tribal fund of the Twenty-Nine Palms Band of Mission Indians the amount of $2,825, plus interest earned on that amount.
Approved April 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–476 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–738 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 6, considered and passed House.

Vol. 122 (1976): Apr. 9, considered and passed Senate.

 Public Law 94–272: To authorize appropriations for the United States Information Agency for fiscal year 1976 and for the period July 1, 1976, through September 30, 1976. Public Law 272 Public Law 94–272 90 Stat. 374 1976-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 374 Public Law 94–272 94th Congress
An Act To authorize appropriations for the United States Information Agency for fiscal year 1976 and for the period July 1, 1976, through September 30, 1976.

Apr. 21, 1976

[H.R. 11598]

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

United States Information Agency Authorization Act, Fiscal Year 1976.
That this Act may be cited as the “United States Information Agency Authorization Act, Fiscal Year 1976”.
Sec. 2. (a) There are authorized to be appropriated for the United States Information Agency to carry out international informational activities and programs under the United States Information and

22 USC 1431 note.

22 USC 2451 note.

22 USC 1461 note.

 Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, and Reorganization Plan Numbered 8 of 1953, and other purposes authorized by law the following: (1) For fiscal year 1976: (A) §254,195,000 for “Salaries and Expenses” and “Salaries and Expenses (special foreign currency program)”. (B) $6,187,000 for “Special International Exhibitions”. (C) $3,295,000 for “Acquisition and Construction of Radio Facilities”. (D) $3,100,000 for increases in salary, pay, retirement, other employee benefits authorized by law, and other non-discretionary costs. (2) For the period July 1, 1976, through September 30, 1976: (A) $69,700,000 for “Salaries and Expenses” and “Salaries and Expenses (special foreign currency program)”. (B) $1,940,000 for “Special International Exhibitions”. (C) $260,000 for “Acquisition and Construction of Radio Facilities”. (b) Amounts appropriated under this section are authorized to remain available until expended. (c)

Slovenia broadcast, reinstatement.

 Of the funds appropriated under subparagraph (A) of subsection (a)(1), $90,000 and such additional amounts as may be necessary shall be used to reinstate the daily one-half hour broadcast to Slovenia.
Sec. 3. Funds authorized to be appropriated by any subparagraph of paragraph (1) or paragraph (2) or section 2(a) may be appropriated for a purpose described in any other subparagraph of that paragraph, which appropriation shall be in addition to the appropriation specifically authorized for such purpose, except that the total amount appropriated for a purpose described in any such subparagraph may not exceed by more than 10 per centum the amount specifically authorized by such subparagraph for such purpose.
Approved April 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–849 (Comm. on International Relations). SENATE REPORT No. 94–740 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 24, considered and passed House.

Apr. 9, considered and passed Senate.

 Public Law 94–273: To provide permanent changes in laws necessary because of the October-September fiscal year. Public Law 273 Public Law 94–273 90 Stat. 375 1976-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 375 Public Law 94–273 94th Congress
An Act To provide permanent changes in laws necessary because of the October-September fiscal year.

Apr. 21, 1976

[S. 2445]

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

Fiscal Year Adjustment Act.

31 USC 701 note.

 be cited as the “Fiscal Year Adjustment Act”.
Sec. 2. The following provisions of law are amended by deleting “June”, wherever it appears, and inserting “September” in lieu thereof: (1) section 4(a)(2) of the Agriculture and Consumer Protection Act of 1973, as amended (Public Law 93–347; 7 U.S.C. 612c note); (2) section 406(c) and 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 946(c) and950(a)); (3) sections 5234, 5451, 5662(b), 5711(b), 5785, and 6386 of title 10, United States Code; (4) section 203(d)(2) of the Federal Credit Union Act (12 U.S.C. 1783(d)(2)); (5) section 4(c)(6) of the Small Business Act (15 U.S.C. 633 (c)(6)); (6) the paragraph headed “Reimbursement for Net Realized Losses” of title HI of the Act of November 2, 1965 (15 U.S.C. 713a-11a); (7) section 2 of the Land and Water Conservation Fund Act, as amended (16 U.S.C. 4601–5); (8) section 4(c) of the Fish and Wildlife Act of 1956 (70 Stat. 1121), as amended (16 U.S.C. 742c (c)); (9) section 1 of the Act of September 18, 1972 (16 U.S.C. 576c); (10) section 4 of the Central, Western, and South Pacific Fisheries Development Act (86 Stat. 744; 16 U.S.C. 758a note): (11) section 16(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1287(b)); (12) section 102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 241b); (13) section 3 of the Act of September 23, 1950 (20 U.S.C. 633); (14) section 3(a) of the Special Projects Act (20 U.S.C. 1852 (a)); (15) paragraphs (1) and (2) of section 406(f) and section 409 of the Education Amendments of 1974 (20 U.S.C. 1865(f)(1) and (2), and 1867); (16) the matter preceding paragraph (1) of section 20(a) of the Act of June 26, 1934, as amended (31 U.S.C. 725s); (17) section 402 of the Act of November 13, 1966 (31 U.S.C. 757f), except for the reference to June 30, 1967; (18) section 2 of the Act of May 6, 1974 (Public Law 93–274; 37 U.S.C. 313(e) note);

37 USC 302 note.

 (19) section 756(e) of title 40, United States Code; (20) section 903(a)(2)(A) of the Social Security Act, as amended (42 U.S.C. 1103(a)(2)(A)); 90 STAT. 376 (21) sections 435(b), 1305(d), and 1620 of the Public Health Service Act (42 U.S.C. 289o–2(b), 300e–4(d), and 300q); (22) section 11(d) of the Railroad Unemployment Insurance Act (45 U.S.C. 361(d)); (23) sections 217(g)(2)(B), 217(g)(3) and (4), and 1118 of the Social Security Act (42 U.S.C. 417(g)(2)(B), 417(g)(3) and (4), 1318); (24) section 3 of the Act of September 6, 1958 (42 U.S.C. 1893); (25) sections 203 and 505(b) of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3143 and 3185(b)); (26) section 304(a) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4574(a)); (27) section 246 or the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5656); (28) subsection (b) of the first section of title II of the Act of August 28, 1937, as amended (43 U.S.C. 1181f(b)); (29) section 303(b) of the Act of September 8, 1950, as amended (50 U.S.C. App. 2093(b)); and (30) section 15d of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831n–4(e)).
Sec. 3. The following provisions of law are amended by deleting “July”, wherever it appears, and inserting “October” in lieu thereof— (1) section 4 of the Act of August 30, 1890 (7 U.S.C. 326); (2) section 7 of the Act of March 2, 1887, as amended (7 U.S.C. 361g); (3) section 5(a) of the Commercial Fisheries Research and Development Act of 1964 (78 Stat. 198; 16 U.S.C. 779c(a)); (4) sections 5(b) and 201(b) of the Land and Water Conservation Fund Act (16 U.S.C. 4601–7(b) and 4601–11 (b)); (5) sections 2, 3(b), 4(a), 5(e)(1), 7(a)(1)(A) and (B), and 303(a)(1) of the Act of September 30, 1950, as amended (20 U.S.C. 237, 238(b), 239(a), 240(e)(1), 241–1 (a)(1)(A) and (B),and241bb(a)(1)): (6) section 16(a)(1)(A) of the Act of September 23, 1950 (20 U.S.C. 646(a)(1)(A)); (7) sections 723(a)(2) and 731(c)(1) of the Bilingual Education Act (20 U.S.C. 880U–9(a)(2), and 880b–10(c)(1)); (8) sections 125, 148(c), 151 (i), 305(c), and 309(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 241c–5, 2411(c), 241o(i), 844a(c), and 847a(c)); (9) section 439(h)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087–2(h)(2)); (10) section 311(b) of the Adult Education Act (20 U.S.C. 1209(b)); (11) section 442(a) of the Education Amendments of 1972 (20 U.S.C. 1221g(a)); (12) section 412(b) of the General Education Provisions Act (20 U.S.C. 1225(b)); (13) section 104(a)(5) of the Vocational Education Act of 1963 (20 U.S.C. 1244(a)(5)); (14) section 604(b) of the Education of the Handicapped Act (20 U.S.C. 1403(b)); (15) section 3(c)(1) of the Environmental Education Act (20 U.S.C. 1532(c)(1)); 90 STAT. 377 (16) section 306(c) of the Controlled Substances Act (21 U.S.C. 826(c)); (17) section 7(e) of the Fisherman’s Protective Act of 1067 (82 Stat. 729), as amended (22 U.S.C. 1977); (18) section 301(a) of the Rehabilitation Act of 1973 (29 U.S.C. 771(a)); (19) section 8 of the Act of March 4, 1923, as amended (36 U.S.C. 131): (20) section 106(f)(3) of the Water Pollution Control Act (33 U.S.C. 1256(f)(3)); (21) section 301a(e) of title 37, United States Code; (22) section 5(6) of the Wagner-O’Day Act, as amended (41 U.S.C. 48b (6)); (23) sections 903(a)(2) and 903(b)(1) of the Social Security Act, as amended (42 U.S.C. 1103(a)(2) and 1103(b)(1)); and (24) section 715 of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e–14).
Sec. 4. The following provisions of law are amended by deleting “June” and “July”, wherever they appear, and inserting “September” and “October”, respectively, in lieu thereof— (1) section 4(a) of the Act of September 2, 1937 (50 Stat. 918), as amended (16 U.S.C. 669c (a)); (2) section 4 of the Act of August 9, 1950 (64 Stat. 432), as amended (16 U.S.C. 777c); (3) section 2 of the Commercial Fisheries Research and Development Act of 1964 (78 Stat. 197; 16 U.S.C. 779); (4) section 410(a)(7) of the Act of November 19, 1969 (50 U.S.C. 1436(a)(7)): and (5) section 1310(d) of the Supplemental Appropriation Act, 1952, as amended (5 U.S.C. 3101 note).
Sec. 5. The following provisions of law are amended by deleting “December”, wherever it appears, and inserting “March” in lieu thereof— (1) section 9(a) of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831h(a)); (2) section 657(a) of the Foreign Assistance Act of 1961, as a mended (22 U.S.C. 2417 (a)); (3) section 8 of the Act of June 13, 1888, as amended (29 U.S.C. 6); (4) section 103(a) of the Act of June 6, 1972 (31 U.S.C. 1203(a)); (5) section 519 of the Omnibus Crime Control and Safe Streets Act, as amended (42 U.S.C. 3767); and (6) section 410(d) of the Act of November 19, 1969 (50 U.S.C. 1436(d)).
Sec. 6. The following provisions of law are amended by deleting “December” and “June”, wherever they appear, and inserting “March” and “September”, respectively, in lieu thereof— (1) section 634(f) of the Foreign Assistance Act of 1961, as amended ( 22 U.S.C. 2394 (f)); (2) section 35 of the Act of February 25, 1920, as amended (30 U.S.C. 191); and (3) section 2677(c) of title 10, United States Code.
Sec. 7. The following provisions of law are amended by deleting “September”, wherever it appears and inserting “December” in lieu thereof— 90 STAT. 378 (1) section 9(a) of the Act of July 22, 1963 (7 U.S.C. 39011(a)); (2) section 308(a) of the Public Health Service Act (42 U.S.C. 242m(a)); (3) sections 901(b) and 901(d) of the Agricultural Act of 1970 (42 U.S.C. 8122(b) and 3122(d)); and (4) section 603(b)(4) of the Rural Development Act of 1972 (7 U.S.C. 2204(b)).
Sec. 8. The following provisions of law are amended by deleting “September 30”, wherever it appears, and inserting “December 31” in lieu thereof— (1) section 3(a) of the Act of July 25, 1956 (31 U.S.C. 703(a)); (2) section l(i) of the Wagner-O’Day Act, as amended (41 U.S.C. 46); and (3) section 204(b)(5) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614).
Sec. 9. The following provisions of law are amended by deleting “July” and “September”, wherever they appear, and inserting “October” and “December”, respectively, in lieu thereof— (1) section 2 of the Act of August 30, 1890 (7 U.S.C. 324); (2) section 5 of the Act of March 2, 1887, as amended (7. U.S.C. 361e);and (3) section 103(d)(2) of the Vocational Education Act of 1963 (20 U.S.C. 1243(d)(2)).
Sec. 10. Section 8(a)(2) of the Rehabilitation Act of 1973 ( 29 U.S.C. 707(a)(2)) is amended by deleting “July” and “September 30”, wherever they appear, and inserting “October” and “December 31” in lieu thereof.
Sec. 11. The following provisions of law are amended by deleting “January”, wherever it appears and inserting “April” in lieu thereof— (1) section 10 of the Rural Electrification Act of 1936 (7 U.S.C. 910); (2) sections 279, 686, and 2110(b) of title 10, United States Code; (3) sections 3(f) and 4(g) of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1862(f) and 1863(g)); (4) section 21 of the Interstate Commerce Act, as amended (49 U.S.C. 21); and (5) section 6 of the Trading With the Enemy Act, as amended (50 U.S.C. App. 6).
Sec. 12. The following provisions of law are amended by deleting “March” and inserting “June” in lieu thereof— (1) paragraph (1) of section 406(d) of the General Education Provisions Act (20 U.S.C. 1221e–1 (d)); (2) section 105(a)(2) of the Act of October 20, 1972 (31 U.S.C. 1224(a)(2)); and (3) section 204(b)(6) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614).
Sec. 13. The following provisions of law are amended by deleting “March 31” and inserting “June 30” in lieu thereof— (1) section 442(b)(6) of the Education Amendments of 1972 (20 U.S.C. 1221g(b)(6)); and (2) section 604(b) of the Education of the Handicapped Act (20 U.S.C. 1403(b)).
Sec. 14. Section 410(b)(1) of the Act of November 19, 1969 (50 U.S.C. 1436(b)(1)), is amended by deleting “November”, wherever it appears, and inserting “February” in lieu thereof.
90 STAT. 379
Sec. 15. Section 4 of the Act of May 8, 1914, as amended (7 U.S.C. 344), is amended by deleting “July” the first time it appears, and “January” the last time it appears, and inserting “October” and “April”, respectively, in lieu thereof.
Sec. 16. Section ‘217(g)(1) of the Social Security Act (42 U.S.C. 417(g)(1)) is amended to read as follows: “(g) (1) In September of 1965, 1970, and 1975, and in October 1980

Veterans benefits.

 and m every fifth October thereafter up to and including October 2010, the Secretary shall determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning— “(A) with July 1, 1965, in the case of the first such determination, and “(B) with the beginning of the first fiscal year commencing after the determination in the case, of all other such determinations, and ending with the close of September 30, 2015, would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of September 30, 2015, as he estimates they would otherwise be in at the close of that date if section 210 of this Act as in effect prior to the Social

42 USC 410.

42 USC 301 note.

 Security Act Amendments of 1950, and this section, had not been enacted. The rate of interest to be used in determining such amount shall be the rate determined under section 201(d) for public-debt obligations

42 USC 401.

 which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which the determinations in 1965, 1970, and 1975 are made and in the September preceding the October in which all other determinations are made.”.
Sec. 17. Section 437(b) of the General Education Provisions Act (20 U.S.C. 1232f(b)), is amended by deleting “October” and inserting “January” in lieu thereof.
Sec. 18. Section 209(e)(1) of the Highway Revenue Act of 1956 (23 U.S.C. 120 note), is amended by deleting “March” and “June 30” and inserting “June” and “September 30”, respectively, in lieu thereof.
Sec. 19. Section 522 of title 28, United States Code, is amended by deleting “at the beginning of each regular session of Congress” and inserting “by April 1 of each year” in lieu thereof.
Sec. 20. Section 2 (b) of the Act of July 31, 1947 (30 U.S.C. 602(b)), is amended by deleting “January” and “July” and inserting “April’ and “October”, respectively, in lieu thereof.
Sec. 21. Section 13 of the National Capital Planning Act of 1952 (40 U.S.C. 74), is amended by deleting “December” and “September” and inserting “March” and “December”, respectively, in lieu thereof.
Sec. 22. Sections 423(c) and 1101(a)(8)(B) of the Social Security Act (42 U.S.C. 623(c) and 1301(a)(8)(B)), are amended by deleting “July” and “August 31”, wherever they appear, and inserting “October” and “November 30”, respectively, in lieu thereof.
Sec. 23. Section 903(a)(2)(B) of the Social Security Act, as amended (42 U.S.C. 1103(a)(2)(B)) is amended by deleting “May”, wherever it appears, and inserting “August” in lieu thereof.
Sec. 24. Section 6 of the National Aeronautics and Space Administration Authorization Act, 1970 (83 Stat. 196), as amended by section 7 of the National Aeronautics and Space Administration Authorization Act, 1971 (84 Stat. 372; 52 U.S.C. 2462), is further

42 USC 2462.

 amended by deleting “July”, “June”, “November”, and “December” in90 STAT. 380 sections 6(a)(6), 6(b)(1), and 6(d), and inserting “October”, “September’, “February”, and “March”, respectively, in lieu thereof.
Sec. 25. Section 510 of the Public Works and Economic Development Act of 1965 as amended (4–2 U.S.C. 3189), is amended by deleting “January 31” and inserting “April 30” in lieu thereof.
Sec . 26. Section 707 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3217), is amended by deleting “January 3” and inserting “April 1” in lieu thereof.
Sec. 27. Section 213 of the Merchant Marine Act, 1936 (49 Stat. 1991), as amended (46 U.S.C. 1123), is amended by deleting “July” and inserting “October” in lien thereof.
Sec. 28. Section 1111 of title 44, United States Code, is amended by deleting “November” and “December” wherever they appear, and inserting “February” and “March”, respectively, in lieu thereof.
Sec. 29. Section 10(5) of the Service Contract. Act of 1965, as amended (41 U.S.C. 358(5)), is amended by deleting “For the fiscal year ending June 30, 1977, and for each fiscal year thereafter” and inserting “On or after July 1, 1976” in lieu thereof.
Sec. 30. Section 139 of title 2, United States Code, is amended by deleting “at the beginning of each regular session” and inserting “not later than April 1” in lieu thereof.
Sec. 31. Section 27(j) of the Consumer Product Safety Act (15 U.S.C. 2076(j)), is amended by deleting “on or before October 1 of each year” and inserting “at the beginning of each regular session of Congress” in lieu thereof.
Sec. 32. (a) Section 263(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 note), is amended by deleting “thirty-first day of the eighth” and inserting “thirtieth day of the eleventh” in lieu thereof. (b)

42 USC 5671.

 Section 261 of such Act is amended by striking “June 30, 1977” and inserting in lieu thereof “September 30, 1977”. (c)

42 USC 5751.

 Section 331 of such Act is amended by striking “June 30, 1975, 1976, and 1977” and inserting in lieu thereof “June 30, 1975, and 1976, and September 30, 1977”.
Sec. 33. Section 704 of the Social Security Act (42 U.S.C. 904) is amended by deleting “at the beginning” and inserting “within one hundred and twenty days after the beginning” in lieu thereof.
Sec. 34. The Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat 452), as amended (16 U.S.C. 718 et seq.), is amended by deleting the word “fiscal” wherever it appears therein.
Sec. 35. (a) Section 15d(f) of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831n–4(f)), is amended by adding the following at the end thereof: “As of October 1, 1975, the five-year periods described herein shall be computed as beginning on October 1 of that year and of each fifth year thereafter.”. (b) Section 26 of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831y), is amended by deleting “at the end of each calendar year” and inserting “on March 31 of each year” in lieu thereof.
Sec. 36. Section 208 of the Merchant Marine Act, 1936 (49 Stat. 1988), as amended (46 U.S.C. 1118), is amended by deleting “at the beginning of each regular session” and inserting “by April 1 each year” in lieu thereof.
Sec. 37. Section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c) is amended by deleting “every six months” and inserting “not less often than twice annually” in lieu thereof.
Sec. 38. Sections 6(a)(1)(D) and (E) of the Alaska Native Claims Settlement Act (43 U.S.C. 1605) are amended to read as follows: 90 STAT. 381 “(D) $40,000,000 during the period beginning July 1, 1976, and ending September 30, 1976; and “(E) $30,000,000 during each of the next five fiscal years, for transfer to the Alaska Native Fund in the fourth quarter of each fiscal year.”.
Sec. 39. Section 901(f)(3)(A) of the Social Security Act (42 U.S.C. 1101(f)(3)(A)) is amended by deleting “fiscal” the last time it appears therein.
Sec. 40. Section 1304 (j) of the Public Health Service Act (42 U.S.C. 300e–3(j)) is amended by (1) striking out “the fiscal year ending June 30, 1976” and inserting in lieu thereof “September 30, 1976”, and (2) striking out “June 30, 1977” and inserting in lieu thereof “September 30, 1977”.
Sec. 41. Section 903(e)(2)(D) of the Social Security Act (42 U.S.C. 1103(c)(2)(D)), and the sentence following subparagraph (D), are amended to read as follows: “(D) the appropriation law limits the total amount which may lie obligated during a twelve-month period (as prescribed in the law of the State), or during a transitional period of less than twelve months caused by a change in the twelve-month period (as prescribed in the law of the State), to an amount which does not exceed the amount by which (i) the aggregate of tire amounts transferred to the account of such State pursuant to subsections (a) and (b) during such twelve-month period or transitional period of less than twelve months and the twenty-four preceding twelve-month periods (including the transitional period of less than twelve months if it is within such twenty-four twelve-month periods) exceeds (ii) the aggregate of the amounts used by the State pursuant to this subsection and charged against the amounts transferred to the account of such State during such twenty-four twelve-month periods (and the transitional period of less than twelve months if it is within the twenty-four twelve-month periods). For the purposes of subparagraph (D), amounts used by a State during any twelve-month period or transitional period of less than twelve months shall be charged against equivalent amounts which were transferred and which have not previously been so charged; except, that no amount obligated for administration during any such period may he charged against any amount transferred during a twelve-month period or transitional period of less than twelve months earlier than the twenty-fourth preceding twelve-month period (including the transitional period of less than twelve months if it is within such twenty-four twelve-month periods).”.
Sec. 42. Section 8147(b) of title 5, United States Code (Federal Employees’ Compensation Act), is amended by (1) striking out “fiscal year” in the first sentence and inserting “July 1 through June 30 expense period” in lieu thereof, (2) striking out “next” and, after “fiscal year”, inserting “beginning in the next calendar year”, in the second sentence, and (3) inserting “during the first fifteen days of October following the furnishing of the statement” after “control” in the fourth sentence.
Sec. 43. Section 313(e) of title 37, United States Code, is amended by deleting “April 30” and inserting “July 31” in lieu thereof.
Sec. 44. Section 221(b)(4)(B) of the Community Mental Health Centers Act (42 U.S.C. 2689i(b)(4)(B)) is amended by striking out “October”, “December”, and “July” and inserting in lieu thereof “January”, “March”, and “October”, respectively; and by striking out “even-numbered” and inserting in lieu thereof “odd-numbered”.
90 STAT. 382
Sec. 45. (a) Subsection (b)(1)(A) of the first section of the Act of July 25, 1956 (31 U.S.C. 701), as amended by section 503(b) of the Congressional Budget Act of 1974, is amended to read as follows: “(A) for any fiscal year or years ending on or before June 30, 1976, on that September 30 which falls in the first month of September which occurs twenty-four months after the end of such fiscal year or years for which the appropriation is available for obligation; and”. (b) Subsection (b)(2)(A) of such section is amended by deleting “September 30” and inserting in lieu thereof “November 15”.
Sec. 46. Section 613(c) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2363(c)) is further amended by inserting at the end thereof the following: “After submission of the reports required to reflect inventories as of December 31, 1975, inventories shall be reported as of September 31), 1976, mid semiannually thereafter,”.
Sec. 47. Subsection (c) of section 5008 of the Internal Revenue Code of 1954 (26 U.S.C. 5008(c)) is amended by striking “fiscal year” each place it appears (including in the schedule contained in paragraph (3)(A)) and inserting in lieu thereof “computation year”.
Sec. 48. (a) Section 843(d) of the Education Amendments of 1974 (20 U.S.C. 241c note) is amended by striking out “June 30, 1977, and June 30, 1978,” and inserting in lieu thereof “September 30, 1977, and September 30, 1978,”. (b) Paragraph (2)(A)(i) of section 305(a) of the Education

20 USC 238 note.

 Amendments of 1974 (Public Law 93–380; 88 Stat. 533) is amended by striking out “July 1, 1978” and “July 1, 1977” and inserting in lieu thereof “October 1, 1978” and “October 1, 1977”, respectively.
Sec. 49. (a) Section 103(c)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 241c(c)(2)(B)) is amended by striking out “January” wherever it appears and inserting in lieu thereof “October”. (b) Section 103(c)(2)(B) is also amended by striking out “April 1 of the calendar year” and inserting in lieu thereof “January 1 of the fiscal year”. (c) Section 103(c)(2)(B) is also amended by striking out “second calendar year” and by inserting in lieu thereof “calendar year”. (d) Section 403(16) of the Act of September 30, 1950 (20 U.S.C. 244(16)), as added by section 101 (a)(9)(K) of the Education Amendments of 1974, is amended by striking out “during the second fiscal year” and inserting in lieu thereof “during the third fiscal year” in lieu thereof.
Approved April 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1000 accompanying H.R. 12605 (Comm. on Government Operations). SENATE REPORT No. 94–469 (Comm. on Government Operations). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 1, considered and passed Senate.

Vol. 122 (1976): Apr. 6, considered and passed House, amended, in lien of H.R. 12605.

Apr. 8, Senate concurred in House amendment.

 Public Law 94–274: To provide tor the orderly transition to the now October 1 to September 30 fiscal year. Public Law 274 Public Law 94–274 90 Stat. 383 1976-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 383 Public Law 94–274 94th Congress
An Act To provide tor the orderly transition to the now October 1 to September 30 fiscal year.

Apr. 21, 1976

[S. 2444]

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

Fiscal Year Transition Act.

31 USC 701 note.

 be cited as the “Fiscal Year Transition Act”.
<num value="I">TITLE I </num> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>For the purposes of sections 222(d)(1), 421, 506(d),<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s422">42 USC 422 note</ref>.</p></sidenote> 516, 705, 901 (e)(2) and (f), 902, 905(b)(2), 1108, 1115, and 2002 (a)(2) of the Social Security Act, the term “<quotedText>fiscal year</quotedText>” includes the period of July 1, 1976, through September 30, 1976, and the exercise of authority pursuant to these provisions for that period shall be subject to the conditions stated in the following paragraphs:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>notwithstanding the provisions of section 222(d)(1) (42 U.S.C. 422(d)(1)), the amount authorized to be transferred from the trust funds pursuant to that section in the period beginning July 1, 1976, and ending September 30, 1976, may not exceed 1.5 per centum of the total of the benefits certified for payment in the first quarter of the fiscal year beginning July 1, 1975, and the amount authorized to be transferred from the Trust Funds in the fiscal year beginning October 1, 1976, may not exceed 1.5 per centum of the total of the benefits certified for payment in the preceding twelve months;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the fixed dollar allotment to each State tinder section 421 (42 U.S.C. 621) shall be $17,500;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the reduction required by section 506(d) (42 U.S.C. 706 (d)) shall be the amount by which the sum expended from non-Federal sources for that period is Jess than one-fourth the sum expended from such sources for the fiscal year ending June 30, 1968;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the amount allotted to each State under section 516 (42 U.S.C. 716) shall be the excess of one-fourth the amount of the allotment for the State under sections 503 and 504 of the Social Security Act (42 U.S.C. 703 and 704), for the fiscal year ending June 30, 1973, plus the amount of any grants to the State under sections 508, 509, and 510 of that Act (42 U.S.C. 708, 709, and 710), over the amount of the allotment of the State under sections 503 and 504 of that Act for the period:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the limitation imposed by section 705(b) (42 U.S.C. 906 (b)) on the amount that may be available for carrying out section 705(f) shall be $500,000 for that period;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the percentage referenced in the second sentence of section 901(e)(2) (42 U.S.C. 1101(e)(2)) shall be reduced to 10 per centum for the purpose of advances to be made in that period;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>notwithstanding the provisions of section 901(f)(3)(A) (42 U.S.C. 1101(f)(3)(A)), for the fiscal year beginning October 1, 1976, the excess in the employment administration account shall be retained until the amount in such account is equal to 160<page identifier="/us/stat/90/384">90 STAT. 384</page> per centum of the amount of the total appropriation by the Congress out of the account for the period July 1, 1376, through September 30, 1976, and $37,500,000 or three thirty-seconds of the amount in the employment security administration account, whichever is the lesser, is authorized to be made available for that period under the conditions provided therein;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the determinative calendar year for the purpose of a transfer to the unemployment account pursuant to section 902(a) (42 U.S.C. 1102(a)), at the beginning of the fiscal year beginning October 1, 1976, shall be calendar year 1975;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>the determinative calendar year for the purposes of a transfer to the extended unemployment compensation account pursuant to section 905(b)(2)(H) (42 U.S.C. 1105(b)(2)(B)), at the beginning of the fiscal year beginning October 1, 1976, shall be calendar year 1975;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>the limitations imposed by section 1108 ( 42 U.S.C. 1308) on amounts certified by the Secretary shall lie one-fourth of the limitations imposed by that section with respect to the fiscal year ending June 30, 1976;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>the dollar limitation imposed by section 1115 (42 U.S.C. 1315) on the amount available for payments to the States for the cost of projects under that section shall be $1,000,000 of the aggregate amount appropriated for payments to the States for the period: end</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>notwithstanding the provisions of subparagraph (A) of section 2002(a)(2) (42 U.S.C. 1397a(a)(2)), the limitation imposed by that, subparagraph on payments with respect to expenditures by a State for the period shall be one-fourth of the limitation imposed on such payments with respect to expenditures by the State for the fiscal year beginning July 1, 1975; and notwithstanding the provisions of subparagraph (D) of section 2002(a)(2), the maximum allotments under that subparagraph for the period shall be $3,750,000 for Puerto Rico, $125,000 for Guam, and $125,000 for the Virgin Islands, but nothing in this Act shall apply to the second sentence of section 2002(a)(2)(A).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s703">42 USC 703 note</ref>.</p></sidenote> <content>Notwithstanding the provisions of sections 503 and 504 of the Social Security Act (42 U.S.C. 703 and 704), the fixed dollar allotment to each State under each of these sections for the period of July 1, 1976, through September 30, 1976, shall be $17,500.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s1301">42 USC 1301 note</ref>.</p></sidenote> <content>Notwithstanding the provisions of section 1101(a)(8)(B) of the Social Security Act (42 U.S.C. 1301(a)(8)(B)), the Federal percentages promulgated under that subparagraph in 1974 shall be conclusive for each of the nine quarters in the period beginning on July 1, 1975, and ending on September 30, 1977.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s1397e">42 USC 1397e note</ref>.</p></sidenote> <content>Notwithstanding the provisions of section 2006(c) of the Social Security Act (42 U.S.C. 1397e(c)), the report on the operation of the program established by title XX of that Act during the fiscal year ending June 30, 1976, shall include the operation of that program during the period of July 1, 1976, through September 30, 1976, and shall be submitted to the Congress prior to April 1, 1977.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">For the purposes of section 401 of the Social Security Amendments of 1972 (42 U.S.C. 1382e note), the term “fiscal year’ includes the period of July 1, 1976, through September 30, 1976, and the limitations imposed by section 401(a) on the amount payable to the Secretary by a State shall be one-fourth of the non-Federal share of expenditures as aid or assistance for quarters in calendar year 1972, as determined under that section.</content> </section> <page identifier="/us/stat/90/385">90 STAT. 385</page> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau class="inline">For the purposes of the provisions of sections 110 and 120<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t29/s730">29 USC 730 note</ref>.</p></sidenote> of the. Rehabilitation Act of 1073 (29 U.S.C. 730 and 740), the term “<quotedText>fiscal year</quotedText>” includes the period of July 1, 1976, through September 30, 1976, and the exercise of authority pursuant to those provisions for that period shall be subject to the conditions stated in the following paragraphs:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the fixed dollar minimum allotment for any State (other than Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands) under section 110 shall be $500,000, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the minimum allotment to any State under section 120 shall be $12,500.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">For the purpose of the second sentence of section 319(h)(2)<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247d">42 USC 247d note</ref>.</p></sidenote> of the Public Health Service Act (42 U.S.C. $47d(h)(22)), the period of July 1, 1976, through September 30, 1976, shall be treated as part of fiscal year 1976, and the 90 per centum limitation specified in that sentence shall be increased to 112.5 per centum for that period.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>For the purposes of sections 210(a). 305(a), and<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s3020">42 USC 3020 note</ref>.</p></sidenote> 307(c) of the Older Americans Act of 1965 (42 U.S.C. 3020(a), 3025 (a), and 3027(c)), the period of July 1, 1976, through September 30, 1976, shall be considered part of the fiscal year beginning July 1, 1975, and the exercise of authority pursuant to those provisions shall be subject to the conditions stated in the following paragraphs:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the term “appropriation Act” in section 216(a) (42 U.S.C. 3020(a)) shall be considered to include any appropriation Act for the period of July 1, 1975, through September 30, 1976;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>notwithstanding the provisions of section 307(c) (42 U.S.C. 3027(c)), a State’s allotment, under section 303 for the period of July 1, 1975, through September 30, 1976, shall be reduced by the percentage by which its expenditures for such period from State sources under its State plan approved under section 305 are less than 125 per centum of its expenditures from such sources of the preceding fiscal year, and, notwithstanding the provisions of section 307(c), a State’s allotment under section 303 for the fiscal year ending September 30, 1977, shall be reduced by the percentage by which its expenditure for that year from State sources under its State plan, approved under section 305, are less than 80 per centum of its expenditures for the period of July 1, 1975, through September 30, 1976; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the assurances required by that, portion of paragraph (10) of section 305(a) of the Act preceding the exception clause shall be that not less than 50 per centum of the amount by which the allotment for the period of July 1, 1976, through September 30, 1977, exceeds 125 per centum of the allotment for fiscal year 1975, shall be used for the purposes of section 305(b).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>For the purposes of sections 303(b) and 306(b) of the Older<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s3023">42 USC 3023 note</ref>.</p></sidenote> Americans Act of 1965 (42 U.S.C. 3023(b) and 3026(b)), the period of July 1, 1976, through September 30, 1976, shall be considered a fiscal year, and the exercise of authority pursuant to those provisions shall be subject to the conditions stated in the following paragraphs:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the amount specified in section 303(b)(2)(C) shall Lie decreased by 75 per centum for that period:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the amount of $200,000 specified in section 306(b)(1)(A) shall be decreased to $50,000 for that period; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the amount of $62,500 specified in section 306 (b)(1)(B) shall be decreased to $15,625 for that period, and the amount<page identifier="/us/stat/90/386">90 STAT. 386</page> specified in section 306(b)(3) shall be decreased by 75 per centum for that period.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s297j">42 USC 297j note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>For the purposes of sections 845 (b) and (c)(1)(A), 1516(c)(2), 1525(b), 1610(b), and 1640(b) of the Public Health Service Act, the period of July 1, 1976, through September 30, 1976, shall be considered a fiscal year and the exercise of authority pursuant to those provisions for the period shall be subject to the conditions stated in the following paragraphs:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the amount of $3,000 specified in section 845(b) (42 U.S.C. 297j(b)) shall be reduced to $750 for that period, and the regulations regarding scholarships in section 845(c)(1)(A) (42 U.S.C. 297j(c)(1)(A)) for fiscal year 1977 shall apply to that period;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>notwithstanding the provisions in the exception clause in section 1516(c)(2) (42 U.S.C. 3001–5(c)(2)), the amount of $175,000 specified shall be reduced to $43,750 for that period;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>notwithstanding the provisions of the exception clause in section 1525(b) (42 U.S.C. 300m–4(b)), the amount concerning which assurances are required in respect to the period shall be 75 per centum less than the amount specified, and funds expended in previous years shall not, for the purposes of that clause, include funds expended during that period;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>notwithstanding the provisions in section 1610(b)(1) (42 U.S.C. 300p(b)(1)), the amounts of $1,000,000 and $500,000 specified shall be decreased to $250,000 and $125,000, respectively, for that period; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>notwithstanding the provisions of section 1640(b)(2) (42 U.S.C. 300t(b)(2)), the amount of $1 specified in section 1640 (b)(2) shall be decreased to 25 cents for that period.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s242b">42 USC 242b note</ref>.</p></sidenote> <content>Section 308(c) of the Public Health Service Act (42 U.S.C. 242m (c)) shall not apply to any funds obligated or grants or contracts made or entered into for the period of July 1, 1975, through September 30, 1976. The aggregate number of grants and contracts made or entered into under sections 304 and 305 of the Act (42 U.S.C. 242b and 242c), for the period of July 1, 1975, through September 30, 1976, respecting a particular means of delivery of health services, or another particular aspect of health services, may not exceed twenty-five, and the aggregate amount of funds obligated under grants and contracts for that period under those sections respecting a particular means a delivery of health services may not exceed $6,250,000,</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s280b–7">42 USC 280b–7 note</ref>.</p></sidenote> <content>No grant under section 395 of the Public Health Service Act (42 U.S.C. 280b–7) for the period of July 1, 1976, through September 30, 1976, shall exceed $50,000.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289a">42 USC 289a note</ref>.</p></sidenote> <content>Of the sums appropriated under the Public Health Service Act for the National Institutes of Health for the period of July 1, 1976, through September 30, 1976, not less than $125,000 shall be obligated for basic and clinical orthopedic research as prescribed under section 431(c) (42 U.S.C. 289a(c)).</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300l–5">42 USC 300<i>l</i>–5 note</ref>.</p></sidenote> <content>Notwithstanding the provisions of section 1516(b) of the Public Health Service Act (42 U.S.C. 3001–5(b)), the amounts specified in sections 1516(b)(1)(A). 1516(b)(1)(B), 1516(b)(2)(A)(i), 1516 (b)(2)(A)(ii)(II), and 1516(b)(3) for purposes of grants made under section 1516 in the period of July 1, 1976, through September 30, 1976, shall be reduced by 75 per centum.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300e–4">42 USC 300e–4 note</ref>.</p></sidenote> <content>For the purposes of section 1305(b)(1) of the Public Health Service Act (42 U.S.C. 300e–4(b)(1)), the period of July 1, 1976,<page identifier="/us/stat/90/387">90 STAT. 387</page> through September 30, 1976, shall be considered part of the fiscal year beginning July 1, 1975, and the limitation specified in the second sentence of section 1305(b)(1) shall be $1,250,000 for the period beginning July 1, 1975, and ending September 30, 1976.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">For the purposes of the Developmental Disabilities Services<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6001">42 USC 6001 note</ref>.</p></sidenote> and Facilities Construction Act (42 U.S.C. 6001 et seq.) (1) the term “fiscal year” includes the period of July 1, 1976, through September 30, 1976, (2) for purposes of paragraphs (3) and (4) of section 132(a) of that Act (42 U.S.C. 6062(a)(3) and (4)) that period shall be considered part of the fiscal year beginning July 1, 1975; and (3) the minimum allotment of the Virgin Islands. American Samoa, Guam, and the Trust Territory of the Pacific Islands for that period under section 132(a)(1) of that Act (42 U.S.C. 6062(a)(1)) shall be $12,500 and the minimum allotment of each State for that period shall lie $37,500.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <content>For the purposes of section 302(c) of the Comprehensive<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s4572">42 USC 4572 note</ref>.</p></sidenote> Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4572(c)), the period of July 1, 1976, through September 30, 1976, shall be considered part of the fiscal year beginning July I, 1975, and the limitation of $50,000 specified in section 302(c) shall be increased to $62,500 for that period.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>For the purposes of section 302(a) of the Comprehensive<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s4572">42 USC 4572 note</ref>.</p></sidenote> Alcohol Abuse and Alcoholism Prevention. Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4572(a)), the period of July 1, 1976, through September 30, 1976, shall be considered a fiscal year and the amount of $200,000 specified in section 302(a) shall be decreased to $50,000 for that period.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>For the purposes of sect ion 304(c) of the Comprehensive Alcohol<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s4574">42 USC 4574 note</ref>.</p></sidenote> Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4574(c)), the period of July 1, 1975, through September 30, 1976, shall be considered a fiscal year, and the 10 per centum limitation specified in section 304(c) shall be increased to 40 per centum for that period.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <chapeau class="inline">For the purposes of sections 227, and 237 (d) of the Community<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s268o">42 USC 268<i>o</i> note</ref>.</p></sidenote> Mental Health (Centers Act, the period of July 1, 1976, through September 30, 1976, shall be considered a fiscal year and the exercise of authority pursuant to those provisions for that period shall be subject to the conditions stated in the following paragraphs:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the $100,000 minimum, specified in section 227(a) (42 U.S.C. 2689o(a)), shall be $25,000 for that period, and the time limitation in that section respecting the availability of unobligated funds shall not take into consideration the period of July 1, 1976, through September 30, 1976; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the amount of $50,000 specified in section 237(d)(1) (42 U.S.C. 2689t(d)(1)), shall be $12,500 for that period, the time limitation specified in the second sentence shall not take that period into consideration, and the amount specified in section 237 (d)(2) (42 U.S.C. 2689t(d)(2)), shall be reduced by 75 per centum for that period.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <content class="inline">For the purposes of sections 1079 and 1086 of title 10,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s1079">10 USC 1079 note</ref>.</p></sidenote> United States Code, the period of July 1, 1976, through September 30, 1976, shall be considered a fiscal year, except that for the purposes of computing the minimum fixed dollar amounts prescribed by sections 1079(b) and 1086(b), that period shall be considered as part of the fiscal year ending June 30, 1976.</content> </section> <page identifier="/us/stat/90/388">90 STAT. 388</page> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s1752">42 USC 1752 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Except where the context otherwise requires, or where otherwise provided in this section, the phrase “fiscal year” shall include the period of July 1, 1976, through September 30, 1976, wherever it appears in sections 3, 4, 6(a). 7, 8, 10, and 11 of the National School Lunch Act, as amended (42 U.S.C. 1752, 1753, 1755(a), 1756, 1757, 1759, and 1759a).</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The phrase “fiscal year ending June 30, 1972”, in sect ion 4 of the National School Lunch Act (42 U.S.C. 1753) shall be construed to mean the period of July 1, 1971, through September 30, 1971, in computing the minimum aggregate amount of food assistance payments to be made by the Secretary to each State educational agency for the period of July 1, 1976, through September 30, 1976.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For the purpose of the sixth sentence of section 7 of the National School Lunch Act, as amended (42 U.S.C. 1756), for the period of July 1, 1976, through September 30, 1976, State revenue shall constitute at least 8 per centum of the matching requirement for the same three-month period in the preceding fiscal year.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s2514">22 USC 2514 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>For the period of July 1, 1976, through September 30, 1976, the limitations on expenditures in sections 15(d)(5) and 15(d)(7) of the Peace Corps Act (22 U.S.C. 2514(d)(5) and 2514(d)(7)) shall be $1,500.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2501a">22 USC 2501a note</ref>.</p></sidenote> <content>For the period of July 1, 1976, through September 30, 1976, the limitation on expenditures in section 301(b)(2) of the Peace Corps Act (22 U.S.C. 2501a (b)(2)) shall be $100,000.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t7/s361c">7 USC 361c note</ref>.</p></sidenote> <content class="inline">For the purposes of section 3(d) of the Act of March 2, 1887, as amended (7 U.S.C. 361c(d)), the period of July 1, 1976, through September 30, 1976, shall be treated as a fiscal year and the figure $90,000 in section 3(d) shall be construed to be $22,500 for that period.</content> </section> <section class="firstIndent1 fontsize10"> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s831l">16 USC 831<i>l</i> note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s831l">16 USC 831<i>l</i></ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>For the purposes of section 13 of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 8311), the Corporation shall, for the period of July 1, 1976, through September 30, 1976, make payments in lieu of taxes on such bases and in a manner which is consistent, to the fullest extent practicable, with the payments authorized and made for the immediately preceding fiscal year and to be made for the fiscal year immediately following, in accordance with the applicable provisions of that section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s831n–4">16 USC 831n–4 note</ref>.</p></sidenote> <content>Pursuant to the provisions of section lad of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831n–4), the Corporation shall make a payment of $5,000,000, on September 30, 1976, as repayment of the appropriation investment plus a payment as a return on the appropriation investment for the period of July 1, 1976, through September 30, 1976, computed at the average interest rate payable by the Treasury upon its total marketable public obligations as of July 1, 1976, applied to the balance of said appropriations as of July 1, 1976.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s1176">21 USC 1176 note</ref>.</p></sidenote> <chapeau class="inline">For the purposes of sections 409(b) and 409(c)(1) of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1176 (b) and (c)(1)), the period of July 1, 1976, through September 30, 1976, shall he considered a fiscal year and the exercise, of authority pursuant to these provisions for that period shall be subject to the conditions stated in the following paragraphs:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>notwithstanding the provision in section 409(b)(3)), the limitation of $50,000 specified in section 409(b)(3) shall be decreased to $12,500 for that period; and</content> </paragraph> <page identifier="/us/stat/90/389">90 STAT. 389</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>notwithstanding the provision in section 409(c)(1), the amount of $100.01)0 specified in section 409(c)(1) shall be decreased to $25,000 for that period.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <content class="inline">Notwithstanding the provisions of section 406(d) of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t20/s1221e–1">20 USC 1221e–1 note</ref>.</p></sidenote> General Education Provisions Act (20 U.S.C. 1221 e–1 (d)), the report of the Assistant Secretary for the Department of Health, Education, and Welfare required by section 406(d) to be submitted in 1976 shall include a description of the activities of the National Center for Education Statistics during the period of July 1, 1976, through September 30, 1976.</content> </section> <section class="firstIndent1 fontsize10"> <num value="117"><inline class="smallCaps">Sec</inline>. 117. </num> <content class="inline">For the purpose of the Comprehensive Employment and Training Act. Public Law 93–203, the period of July 1, 1976, through<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t29/s801">29 USC 801 note</ref>.</p></sidenote> September 30, 1976, shall be treated as part of the fiscal year beginning on July 1, 1975, except that such period shall not be included in such fiscal year in applying the percentages specified in sections 103(a)(4) and 103(f) of that Act. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t29/s813">29 USC 813</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t8/s1151">8 USC 1151 note</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="118"><inline class="smallCaps">Sec</inline>. 118. </num> <subsection class="inline"> <num value="a">(a) </num> <content>For the purposes of sections 201(a) and 202(a) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1151 (a) and 1152(a)), the period of July 1, 1976, through September 30, 1976, shall be considered part of the fiscal year beginning July 1, 1975, and the limitations of 170,000 specified in section 201(a) and 20,000 specified in section 202(a), shall be increased to 212,500 and 25,000, respectively, for the period of July 1, 1975, through September 30, 1976.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purposes of section 21(e) of the Act of October 3, 1965 (79 Stat. 921), the period of July 1, 1976, through September 30, 1976, shall he considered part of the fiscal year beginning July 1, 1975, and the limitation of 120,000 specified in section 21 (e) shall be increased to 150,000 for the period of July 1, 1975, through September 30, 1976.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="119"><inline class="smallCaps">Sec</inline>. 119. </num> <content class="inline">In case of any applicable, program within the, meaning of the General Education Provisions Act, except as otherwise specifically<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221 note</ref>.</p></sidenote> provided by this Act, for the purpose of comparison of activities lief ween fiscal years, amounts applicable to the period July 1, 1975, through September 30, 1976, and the statistical measurements pertaining to those amounts, shall be reduced by 20 per centum where such period is to lie by the terms of this Act made or considered to be a part of the fiscal year 1976 or the fiscal year ending September 30, 1977. Notwithstanding any other provision of this Act, where the period July 1, 1976, through September 30, 1976, is to be by the terms of this Act made or considered to be a separate fiscal year, it shall not be considered a fiscal year for the purpose of such comparison of activities between fiscal years and such measurements in the case of any such program.</content> </section> <section class="firstIndent1 fontsize10"> <num value="120"><inline class="smallCaps">Sec</inline>. 120. </num> <content class="inline">For the purposes of section 8147 (b) of title 5, United States<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s8147">5 USC 8147 note</ref>.</p></sidenote> Code, each agency and instrumentality of the United States dependent upon an annual appropriation and having an employee who is or may he entitled to compensation benefits under this subchapter or any extension or application thereof shall deposit in the Treasury to the credit of the Employees’ Compensation Fund, no later than July 15, 1976, but no earlier than July 1, 1976, 25 per centum of the amount stated in the August 15, 1975, statement.</content> </section> <section class="firstIndent1 fontsize10"> <num value="121"><inline class="smallCaps">Sec</inline>. 121. </num> <content class="inline">For the purposes of section 32 of the Act of August 24,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t7/s612c">7 USC 612c note</ref>.</p></sidenote> 1935 (7 U.S.C. 612c), the term “fiscal year” includes the period of July 1, 1976, through September 30, 1976, and the amount to be transferred to the Secretary of Agriculture pursuant to that section and for that period is 7.5 per centum of the gross receipts collected under the customs laws during calendar year 1975.</content> </section> <page identifier="/us/stat/90/390">90 STAT. 390</page> <section class="firstIndent1 fontsize10"> <num value="122"><inline class="smallCaps">Sec</inline>. 122. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s13c–3">15 USC7 13c–3 note</ref>.</p></sidenote> <content class="inline">For the purposes of section 2(a) of the Act of August 11, 1939 (53 Stat. 1412), as amended (15 U.S.C. 713c–3),the term “fiscal year” includes the period of July 1, 1976, through September 30, 1976, and the, amount to be transferred to the Secretary of Commerce pursuant to that section and for that period is 7.5 per centum of the gross receipts collected under the customs laws on fishery products during calendar year 1975.</content> </section> <section class="firstIndent1 fontsize10"> <num value="123"><inline class="smallCaps">Sec</inline>. 123. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t39/s2005">39 USC 2005 note</ref>.</p></sidenote> <content class="inline">For the purposes of section 2005(a) of title 39, United States Code, the period of July 1, 1975, through September 30, 1976, shall be considered a fiscal year and the maximum net increase in the amount of United States Postal Service obligations outstanding imposed by that section for such period shall be deemed to be $1,875,000,000 for obligations issued for the purpose of capital improvements and $625,000,000 for obligations issued for the purpose of defraying operating expenses of the Postal Service.</content> </section> <section class="firstIndent1 fontsize10"> <num value="124"><inline class="smallCaps">Sec</inline>. 124. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s3056">42 USC 3056 note</ref>.</p></sidenote> <content class="inline">For the purposes of the Older American Community Service Employment Act (42 U.S.C. 3056 et seq.) the period of July 1, 1976, through September 30, 1976, shall lie considered a fiscal year, and the amounts of $100,000 and $50,000 specified in section 906(a)(2) shall be reduced to $25,000 and $12,500, respectively, for that period.</content> </section> <section class="firstIndent1 fontsize10"> <num value="125"><inline class="smallCaps">Sec</inline>. 125. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s296e">42 USC 296e note</ref>.</p></sidenote> <content class="inline">For the purposes of section 810(c)(1) of the Public Health Service Act (42 U.S.C. 296e(c)(1)) the period July 1, 1976, through September 30, 1976, shall be considered part of fiscal year 1977, but that, period shall not be considered in the calculation of average expenditures for any fiscal year, and the amount which a school must expend during that fifteen-month period is increased 125 per centum of the average of non-Federal expenditures in the preceding three fiscal years.</content> </section> <section class="firstIndent1 fontsize10"> <num value="126"><inline class="smallCaps">Sec</inline>. 126. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s296j">42 USC 296j note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s296j">42 USC 296j</ref>.</p></sidenote> <content class="inline">For the purposes of section 815 of the Public Health Service Act (42 U.S.C. 926j) the period of July 1, 1976, through September 30, 1976, shall be considered part of fiscal year 1976, but that period shall not be considered in the calculation of average expenditures for any fiscal year for assurances required by section 815(b)(2) (42 U.S.C 296j (b)(2)), and the amount which a school must expend during that fifteen-month period is increased to 125 per centum of the average of non-Federal expenditures in the preceding three fiscal years.</content> </section> <num value="II">TITLE II </num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t7/s343">7 USC 343 note</ref>.</p></sidenote> <chapeau class="inline">The period of July 1, 1976, through September 30, 1976, shall be treated as a fiscal year for the purpose of the following provisions of law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>section 3(b)(2) of the Act of March 2, 1887, as amended (7 U.S.C. 361c(b)(2));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>section 16(b) of the Food Stamp Act of 1964 (7 U.S.C. 2025(b));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s557a">16 USC 557a</ref>.</p></sidenote> <content>the Act of June 30, 1932 (16 U.S.C. 577a);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>section 1 of the Act of June 29, 1966 (Public Law 89–173; 31 U.S.C. 628a);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>section 2 of the Act of December 23, 1944 (chapter 716, as amended, 31 U.S.C. 492b);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>section 3(a) of the Act of July 15, 1957 (chapter 509. 31 U.S.C. 581d);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>section 10(c) of the Act of June 29, 1935, as added by the Act of August 14, 1946, as amended (7 U.S.C. 4271(c));</content> </paragraph> <page identifier="/us/stat/90/391">90 STAT. 391</page> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>section 208(d) of the District of Columbia Public Post Secondary Education Reorganization Act (Public Law 93–471); <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/dcc/31/1718">D.C. Code 31–1718</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>sections 2209, 2210, 3201, 3202, 5401, 5402, 7581, 8201, and 8202 of title 10, United States Code;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>section 305(b) of the Social Security Amendments of 1972 (Public Law 92–603, 42 U.S.C. 401 note);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>sections 201 (a), (b), and (g)(1), 302(a), 403(g), 424, 431, 502, 961 (b), (c), and (f), 903 (a)(1) and (b)(1), 1203, 1817(a), and 1841 (h) and (i) of the Social Security Act (42 U.S.C. 401 (a), (b), and (g)(1), 502(a), 603(g), 624, 631, 702, 1101 (b), (c), and (f), 1103 (a)(1) and (b)(1), 1323, 13951(a), and 1395t (h) and (i));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>part C of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751–56a); <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s2751–2756a">42 USC 2751–2756a</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>section 7652(b) of the Internal Revenue Code of 1954 (26 U.S.C. 7652);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>the second sentence of section 3(b)(2) of the Act of May 8, 1914, as added by the Act of June 23, 1972 (7 U.S.C. 343(b)</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>section 15(b) of the Peace Corps Act (22 U.S.C. 2514 (b));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>sections 206(d), 209(c), 311(c), 313(b), 314(d)(4) and (5), 317 (b), (d)(4), and (f), 318 (f) and (g), 324(b). 328(b), 331, 820(d), 838(a), 838(b)(2), 841, 846, 1206(e), 1516(a). 1610 (a), 1611(c), and 1640(a) of tire Public Health Service Act (42 U.S.C. 207(d), 210b(c), 243(c), 245a(b), 246(d)(4) and (5), 247b (b), (d)(4), and (f), 247c (f) and (g), 251(b), 254a(b), 255, 296k(d), 297d (a) and (b)(2), 297h, and 297k, 300d–5(e), 3001–5(a), 300p(a), 300p–1(c), and 300t(a)); <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300l–5">42 USC 300<i>l</i>–5</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>sections 303 (c) and (e), 306(c), 307(a), 501(b), 703, 705 (a)(2)(B), and 706 of the Older Americans Act of 1965 (42 U.S.C. 3023 (c) and (e), 8026(c), 3027(a), 3041(b), 8045b, 3045d (a)(2)(B), and 3045e);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>for purposes of continuation grants under the Community Mental Health Centers Act, section 264(a) and the first sentence of section 221(c) of that Act as in effect prior to July 29, 1975 (42 U.S.C. 2688a (c) and2688r(a));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>section 513(a) of the Headstart-Follow Through Act (42 U.S.C. 2928b(a)), except the material following the semicolon in the third sentence of that section shall not apply to funds appropriated for the period of July 1, 1976, through September 30, 1976;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>section 4(b) of the Act of July 22, 1963 (7 U.S.C. 390c (b));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <content>section 3(c) of the Act of May 8, 1914, as amended (7 U.S.C. 343(c));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>the last sentence of section 520(a) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. 3768(a));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <content>section 401 of the Act of June 15, 1935 (49 Stat. 383), as amended (16 U.S.C. 715s);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="25">(25) </num> <content>section 203(d) of the Act of June 26, 1934, as amended (12 U.S.C. 1783(d));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">(26) </num> <content>section 4 or the Act of July 18, 1958, as amended (15 U.S.C. 633);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="27">(27) </num> <content>section 316 of the Act of August 10, 1965 (15 U.S.C. 694);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="28">(28) </num> <content>section 2(e) of the Act of August 4, 1950 (31 U.S.C. 181a(e));</content> </paragraph> <page identifier="/us/stat/90/392">90 STAT. 392</page> <paragraph class="firstIndent1 fontsize10"> <num value="29">(29) </num> <content>section 7 of the Act of February 22, 1921 (31 U.S.C. 491);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="30">(30) </num> <content>section 4 of the Act of June 26, 1934 (31 U.S.C. 725c);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="31">(31) </num> <content>sections 102 and 103 of the Act of December 6, 1946 (31 U.S.C. 847 and 848);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="32">(32) </num> <content>section 257 of the Revised Statutes (31 U.S.C. 1027);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="33">(33) </num> <content>section 15 of the Act of July 31, 1894 (31 U.S.C. 1029);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="34">(34) </num> <content>section 1 of the Act of February 26, 1907 (31 U.S.C. 1030);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="35">(35) </num> <content>section 401 of the Act of December 31, 1970 (31 U.S.C. 1033);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="36">(36) </num> <content>sections 103(e) and 111(d) of the Social Security Amendments of 1965 (42 U.S.C. 426a(c) and 1395i–1); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="37">(37) </num> <content>section 102(a)(11) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(11)).</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t7/s2652">7 USC 2652 note</ref>.</p></sidenote> <chapeau class="inline">The period of July 1, 1976, through September 30, 1976, shall be treated as a fiscal year for the purposes of the following provisions of law insofar as they relate to matching requirements:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>section 2 of the Act of March 1, 1911 (16 U.S.C. 563);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sections 2, 4, and 5 of the Act of June 7, 1924, as amended (16 U.S.C. 565, 567, and 568);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>section 4 of the Act of October 10, 1962 (16 U.S.C. 582a–3);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>section 2 of the Cooperative Forest Management Act, as amended (16 U.S.C. 568d); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>section 402 of the Rural Development Act of 1972 (7 U.S.C. 2652).</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s713a–11a">15 USC 713a–11a note</ref>.</p></sidenote> <content class="inline">For the purposes of the paragraph captioned “Commodity Credit Corporation”, “Reimbursement for Net Realized Losses” of title III of the Department of Agriculture and Related Agencies Appropriation Act, 1966 (15 U.S.C. 713a-11a), the period of July 1, 1976, through September 30, 1976, shall be considered a fiscal year and the words “<quotedText>June 30 of the fiscal year</quotedText>” shall be construed to mean September 30, 1976, for that period.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t7/s390e">7 USC 390e note</ref>.</p></sidenote> <chapeau class="inline">The period of July 1, 1976, through September 30, 1976, shall be treated as part, of the fiscal year beginning July 1, 1975, for the purposes of the following provisions of law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content><p class="inline">the following provisions of the Public Health Service Act:</p> <list> <listItem><listContent class="indent3 fontsize10 depth0">section207(b)(42 U.S.C. 209(b));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 301(c)(42 U.S.C. 241(c));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 808(a), and the second sentence of section 308(i)(1) (42 U.S.C. 242m(a) and 242m(i)(1));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">sections 314 (d)(2)(C) and (d)(6) (42 U.S.C. 246 (d)(2)(C) and (d)(6));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 398 (42 U.S.C. 280b–10);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">the last sentence of section 419B (42 U.S.C. 287i);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 434(f) (42 U.S.C. 289c–1(f));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 436 (42 U.S.C. 289c–3);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 437 (42 U.S.C. 289c–4);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section439(f) (42 U.S.C. 289c–6(e));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">the last sentence of section 439(h) (42 U.S.C. 289c–6(g));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 513 (42 U.S.C. 229b);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 805(f)(2) (42 U.S.C. 296d(f)(2));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1006(a) (42 U.S.C. 300a–A);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1009 (42 U.S.C. 300a–6a);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1207(a)(2) (42 U.S.C. 300d–6(a)(2));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1303(i) (42 U.S.C. 300e–2(i));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 13041k) (42 U.S.C. 300e–3(k));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1305 (e) (42 U.S.C. 300e–4(e)); <page identifier="/us/stat/90/393">90 STAT. 393</page> </listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1610(c) (42 U.S.C. 300p(c));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1611(d) (42 U.S.C. 300p–1(d));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1621 (42 U.S.C. 300q–1);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1625 (42 U.S.C. 300r);</listContent></listItem> </list> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sections 208, 304(a). 307(b), 505(b), 707(a)(4), and the last sentence of section 708 of the Older Americans Act of 1965 (42 U.S.C. 3018. 3024(a), 3027(b), 3041(b), 3045f(a)(4), and 3045c);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>section 503(d) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4843(d));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>sections 203(d)(2), 204(e)(1), 206(e), 221(b)(2) and (b)(4)(B) of the Community Mental Health Centers Act (42 U.S.C. 2689b(d)(2), 2689c(e)(1), 2689e, 2689i (b)(2) and (b)(4)(B));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>section 417(a)(1) and 437(a) of the General Education Provisions Act (20 U.S.C. 1226c(a)(1) and 1232f(a));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>section 2(c) of the Sudden Infant. Death Syndrome Act of 1974 (42 U.S.C. 289g note);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the following provisions of the Social Security Act: <list> <listItem><listContent class="indent3 fontsize10 depth0">section 201(c) (42 U.S.C. 401 (c));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">sections 403 (c) and (f) (42 U.S.C. 603 (c) and (f));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section423(c) (42 U.S.C. 623(c));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1118 (42 U.S.C. 1318);</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1817(b) (42 U.S.C. 1395i(b));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1841(b) (42 U.S.C. 1395t(b));</listContent></listItem> <listItem><listContent class="indent3 fontsize10 depth0">section 1842(b)(3) (42 U.S.C. 1395u(b)(3));</listContent></listItem> </list> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>sections 409(c)(2) and 412(d)(2) of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1176(c)(2) and 1179(d)(2));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>section 302(b) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4572(b));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>section 7 of the Act of September 30, 1950 (20 U.S.C. 241–1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>section 410 of the Act of November 19, 1969 (Public Law 91–121, 50 U.S.C. 1436);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>sections 1012, 1013, and 1014(e)(1) of the Impoundment Control Act of 1974 (Public Law 93–344, 31 U.S.C. 1402, 1403, and 1404(e)(1));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>the Library Services and Construction Act (20 U.S.C. 351–364);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>section 207(b) of the National Productivity and Quality of Working Life Act of 1975 (15 U.S.C. 2417(b)); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>section 6(b) of the Act of July 22, 1963 (7 U.S.C. 390e (b)).</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <chapeau class="inline">The period of July 1, 1976, through September 30, 1976,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5532">5 USC 5532 note</ref>.</p></sidenote> shall be treated as part of the fiscal year beginning October 1, 1976, for the purposes of the following provisions of law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>section 5532(c)(h) of title 5, United States Code;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sections 3, 4, and 5 of the Act of September 2, 1937 (50 Stat. 917, 918), as amended (16 U.S.C. 669b, 669c, 669d);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>sections 3, 4, and 5 of the Act of August 9, 1950 (64 Stat. 432), as amended (16 U.S.C. 777b, 777c, 777d);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>section 1 of the Act of August 12, 1955 (69 Stat. 698; 16 U.S.C. 669b–1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>section 26 of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831y);</content> </paragraph> <page identifier="/us/stat/90/394">90 STAT. 394</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>section 303 of the Act of September 30, 1950 (20 U.S.C. 241bb);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>titles I, II, III, TV, and V of the Elementary and Secondary<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t20/s241a–241a/821–827/841–847a/1801–1832/861–869a">20 USC 241a–241a, 821–827, 841–847a, 1801–1832, 861–869a</ref>.</p></sidenote> Education Act of 1965 (20 U.S.C. 241a–o, 821–27, 841a, 861–69a and 1801–32):</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>section 612 of the Education of the Handicapped Act (20 U.S.C. 1412);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>sections 704 and 705 of the Emergency School Aid Act (20 U.S.C. 1603 and 1604);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>section 713 of the Education Amendments of 1974 (20 U.S.C. 1943);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>sections 404, 501(d), and 502(g) of the Rehabilitation Act of 1973 (29 U.S.C. 784, 791(d), and 792(g));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>section 3646 of the Revised Statutes (31 U.S.C. 528(c));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>section 40 of the Act of August 10, 1965, as amended (31 U.S.C. 649c):</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>sections 3 and 5 of the Act of July 25, 1956 (31 U.S.C. 705<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t31/s703/705">31 USC 703, 705</ref>.</p></sidenote> and 706);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>section 103 of the Act of June 6, 1972 (31 U.S.C. 1203);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>section 105(a)(2) of the Act of October 20, 1972 (31 U.S.C. 1224(a)(2));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>section 407 (b) of title 37. United States Code;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>section 413 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5053);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>section 701 (b) and (f) of title 10, United States Code;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>section 1 of the Act of July 11, 1947, as amended (31 U.S.C. 132);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>sections 110, 111(d), and 210(f)(5) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 757, 759, and 490 (f)(5));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <content>the final paragraph under the heading “Public Buildings Administration” in the Act of May 3, 1945 (59 Stat. 115; 40 U.S.C. 293);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>Public Law 90–469 (82 Stat. 666);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <content>sections 802(a), 810(b), 810(c)(2), 810(e), and 811(a) of the Public Health Service, Act (42 U.S.C. 296a(a), 296e(b), 296e (c)(2), 296e(e) and296f(a));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="25">(25) </num> <content>sections 3 and 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1772. 1773(b)); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">(26) </num> <content>sections 2, 3, and 4 of the Act of September 30, 1950 (20 U.S.C. 237, 238, 239).</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s1176">21 USC 1176 note</ref>.</p></sidenote> <chapeau class="inline">The period of July 1, 1975, through September 30, 1976, shall be considered one year for the purposes of the following provisions of law—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sections 314 (d)(2)(C)(ii) and (d)(3), 435(b), 646, 1210, and 1315 of the Public Health Service Act (42 U.S.C. 246 (d)(2)(C)(ii) and (d)(3), 289c–2(b), 2910–1, 300d–9, and 300e–14);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>section 409(e) of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1176(e));</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>section 303 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4573);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>sections 203(e)(1) and 237(a)(1)(C) of the Community Mental Health Centers Act (42 U.S.C. 2689b(e)(1) and 2689t (a)(1)(C)); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>section 205(b)(1) of the Wafer Pollution Control Act (33 U.S.C. 1285(b)(1)).</content> </paragraph> </section> <page identifier="/us/stat/90/395">90 STAT. 395</page> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">A grant received under section 203(e)(1) of the Community<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s2689b">42 USC 2689b note</ref>.</p></sidenote> Mental Health Centers Act (42 U.S.C. 2689b(e)(1)) from appropriations for the period of July 1, 1976, through September 30, 1976, shall not be considered a grant for the purposes of section 203 (e)(1)(A)(i) (42 U.S.C. 2689b(e)(1)(A)(i)).</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <content class="inline">For the purposes of section 206(c)(4) of the Community<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s2689e">42 USC 2689e note</ref>.</p></sidenote> Mental Health Centers Act (42 U.S.C. 2689(c)(4)), the period July 1, 1976, through September 30, 1976, shall be treated as part of fiscal year 1976 and the 2 per centum minimum specified in that section shall be 2.5 per centum in respect to grants received for that period, and 1.6 per centum in respect to grants received for fiscal year 1977.</content> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content class="inline">The funds appropriated to an account for the period July<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t31/s701">31 USC 701 note</ref>.</p></sidenote> 1, 1976, through September 30, 1976, shall be merged on July 1, 1976, with the balances available from the appropriations made for the fiscal year 1976 for such account.</content> </section> Approved April 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1001 accompanying H.R. 12606 (Comm. on Government Operations). SENATE REPORT No. 94–468 (Comm. on Government Operations). CONGRESSIONAL RECORD;

Vol. 121 (1975): Dec. 1, considered and passed Senate.

Vol, 122 (1976): Apr. 6, considered and passed House, amended, in lieu of H.R. 12606.

Apr. 8, Senate concurred in House amendment.

 Public Law 94–275: To provide for the designation of the week beginning March 13, 1977, as “National Employ the Older Worker Week”. Public Law 275 Public Law 94–275 90 Stat. 396 1976-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 396 Public Law 94–275 94th Congress
Joint Resolution To provide for the designation of the week beginning March 13, 1977, as “National Employ the Older Worker Week”.

Apr. 21, 1976

[S.J. Res. 53]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

National Employ the Older Worker Week.

Designation authorization.
That the President is authorized and requested to issue a proclamation designating the week beginning March 13, 1977, as “National Employ the Older Worker Week”, and calling upon employer and employee organizations officially concerned with employment, and upon all the people of the United States to observe such week with appropriate ceremonies, activities, and programs designed to promote employment opportunities for older workers.
Approved April 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–981 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94–638 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 23, considered and passed Senate.

Apr. 5, considered and passed House, amended.

Apr. 9, Senate concurred in House amendments.

 Public Law 94–276: To amend the Foreign Assistance Act of 1961 to provide emergency relief, rehabilitation, and humanitarian assistance to the people who have been victimized by the recent earthquakes in Guatemala. Public Law 276 Public Law 94–276 90 Stat. 397 1976-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 397 Public Law 94–276 94th Congress
An Act To amend the Foreign Assistance Act of 1961 to provide emergency relief, rehabilitation, and humanitarian assistance to the people who have been victimized by the recent earthquakes in Guatemala.

Apr. 21, 1976

[S. 3056]

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

Guatemala Relief and Rehabilitation Act of 1976.

22 USC 2292g note.

22 USC 2292g.

 be cited as the “Guatemala Belief and Rehabilitation Act of 1976.
Sec. 2. Chapter 9 of part. I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 495A. Guatemala Relief and Rehabilitation.— (a) The President is authorized to provide assistance, on such terms and conditions as he may determine, for the relief and rehabilitation of the people who have been victimized by the recent earthquakes in Guatemala. There is authorized to be appropriated to the President to carry out the purposes of this section $25,000,090 for the fiscal year 1976, which amount is authorized to remain available until expended, except that not more than $4,900,000 of this amount, shall be available for repairs to the Puerto Barrios highway in Guatemala. Assistance under this section shall be provided in accordance with the policy and general authority of section 491 of this Act. Obligations incurred

22 USC 2292.

 prior to the enactment of this section against other appropriations or accounts for the purpose of providing relief and rehabilitation assistance to the people of Guatemala may be charged to the appropriations authorized under this section. “(b) Assistance made available under this section shall be distributed to the maximum extent practicable through United States voluntary relief agencies and other international relief and development organizations. “(c) In order to limit the extent, of deaths, injuries, and destruction in future earthquakes, assistance provided under this section which is used for the construction of housing in the Republic of Guatemala shall, to the maximum extent possible, be used for housing which is constructed of seismic resistant materials or which will otherwise minimize the danger of in jury to occupants during future earthquakes; and the President should encourage the Government, of the Republic of Guatemala to promote the use of such materials. “(d) Notwithstanding any other provision of law, the amount authorized to be appropriated in subsection (a) of this section may be used only for the purposes specified in this section. The authority contained in section 610(a) of this Act may not be used to transfer

22 USC 2360.

 funds made available under this section. 90 STAT. 398 “(e)

Report to congressional committees.

 Not later than sixty days after the date of enactment of appropriations to carry out this section, and at the end of each quarter thereafter, the President shall transmit a report to the Committees on Foreign Relations and Appropriations of the Senate and to the Speaker of the House of Representatives on the programing and obligations of funds under this section.”.
Approved April 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–891 accompanying H.R. 12046 (Comm. on International Relations) and No. 94–1009 (Comm. of Conference). SENATE REPORT No. 94–679 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 8, considered and passed Senate.

Mar. 22, considered and passed House, amended, in lieu of H.R. 12046.

Apr. 12, House agreed to conference report.

Apr. 13, Senate agreed to conference report.

 Public Law 94–277: To extend support under the joint resolution providing for Allen J. Ellender fellowships to disadvantaged secondary school students, and tor other purposes. Public Law 277 Public Law 94–277 90 Stat. 399 1976-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 399 Public Law 94–277 94th Congress
Joint Resolution To extend support under the joint resolution providing for Allen J. Ellender fellowships to disadvantaged secondary school students, and tor other purposes.

Apr. 21, 1976

[H.J. Res. 491]

 Resolved by the Senate and House, of Representatives of the United States of America in Congress assembled,
That section 2(b)(1) of

Allen J. Ellender fellowships.

Extension.

86 Stat. 908.

 the joint resolution entitled a “Joint resolution to provide grants for Allen J. Ellender fellowships to disadvantaged secondary school students and their teachers to participate in a Washington public affairs program” approved October 19, 1972, is amended by Striking out “not more than one thousand five hundred”, and by striking out “, in any fiscal year”.
Sec. 2. Section 5 of such joint resolution is amended by striking out “two succeeding fiscal years” and inserting in lieu thereof the following: “three succeeding fiscal years, $750,000 each for fiscal year 1977 and fiscal year 1978, and $1,000,000 each for fiscal year 1979 and fiscal year 1980,”.
Sec. 3. Section 2(b) of such joint resolution is further amended— (1) by striking “and” at the end of paragraph (2); (2) by inserting immediately after such paragraph the following new paragraph: “(3) that every effort will be made to achieve participation of students and teachers from rural and small town areas, as well as from urban areas, in the program; and”; and (3) by redesignating paragraph (3) as paragraph (4).
Approved April 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–972 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 5, considered and passed House.

Apr. 8, considered and passed Senate.

 Public Law 94–278: To amend the Public Health Service Act to revise and extend the program under the National Heart and Lung Institute, to revise and extend the program of National Research Service Awards, and to establish a national program with respect to genetic diseases; and to require a study and report on the release of research information. Public Law 278 Public Law 94–278 90 Stat. 401 1976-04-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 401 Public Law 94–278 94th Congress
An Act To amend the Public Health Service Act to revise and extend the program under the National Heart and Lung Institute, to revise and extend the program of National Research Service Awards, and to establish a national program with respect to genetic diseases; and to require a study and report on the release of research information.

Apr. 22, 1976

[H.R. 7988]

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

Health Research and Health Services Amendments of 1976.

42 USC 201 note.
Section 1. (a) This Act may be cited as the “Health Research and Health Services Amendments of 1976”. (b) Whenever in this Act (other than in titles HI, V, VI, VII, and XI) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

42 USC 201 note.
<num value="I">TITLE I—</num> <heading class="inline">REVISION OF NATIONAL HEART AND LUNG INSTITUTE PROGRAMS</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Congress finds and declares that—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287">42 USC 287 note</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>diseases of the heart, blood, and blood vessels collectively cause more than half of all the deaths each year in the United States and the combined effect of the disabilities and deaths from such diseases is having a major social and economic impact on the Nation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>elimination of heart and blood vessel diseases as significant causes of disability and death could increase the average American’s life expectancy by about eleven years and could provide for annual savings to the economy in lost wages, productivity, and cost of medical care of more than $40,000,000,000 per year;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>chronic lung diseases have been gaining steadily in recent years as important causes of disability and death, with emphysema being among the fastest rising causes of death in the. United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>chronic respiratory diseases affect an estimated ten million Americans, emphysema an estimated one million, chronic bronchitis an estimated four million, and asthma an estimated five million;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>thrombosis (the formation of blood clots in the vessels) may cause, directly or in combination with other problems, many deaths and disabilities from heart disease and stroke which can now be prevented;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>blood and blood products are essential human resources whose value in saving life and promoting health cannot be assessed in terms of dollars;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the provision of prompt and effective emergency medical services utilizing to the fullest extent possible advances in transportation and communications and other electronic systems and specially trained professional and paraprofessional health care personnel can reduce substantially the number of fatalities and<page identifier="/us/stat/90/402">90 STAT. 402</page> severe disabilities due to critical illnesses in connection with heart, blood vessel, lung, and blood diseases;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>blood diseases, including nutritional anemia, anemia due to inherited abnormalities (such as sickle cell anemia and Cooley’s anemia (thalassemia), anemias resulting from failure of the bone marrow, hemorrhagic defects (a common cause of death in patients with leukemia and other malignancies, and of disability from inherited diseases such as hemophilia)), and malignancies of the lymph nodes and bone marrow, such as leukemia, have a devastating impact in spite of recent advances, and constitute an important category or illness that requires major attention; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>the greatest potential for advancement against heart, blood vessel, lung, and blood diseases lies in the National Heart, Lung, and. Blood Institute, but advancement against such diseases depends not only on the research programs of that Institute but also on the research programs of other research institutes of the National Institutes of Health.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>It is the purpose of this title to enlarge the authority of the National Heart, Lung, and Blood Institute in order to advance the national attack upon heart, blood vessel, lung, and blood diseases and to enlarge its authority with respect to blood resources.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent0 fontsize8">National Heart, Lung, and Blood Institute.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287/287g/287b">42 USC 287, 287g, 287b</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287a">42 USC 287a</ref>.</p></sidenote> <content class="inline">Sections 411, 418(a)(6), and 419A(c) are each amended by striking out “<quotedText>National Heart and Lung Institute</quotedText>” and inserting in lieu thereof “<quotedText>National Heart, Lung, and Blood Institute</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 412 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>and with respect to the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in the matter preceding paragraph (1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>and to the use of blood and blood products and the management of blood resources</quotedText>” before the semicolon at the end of paragraph (1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting “<quotedText>and to the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in paragraph (4);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by inserting “<quotedText>and on the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in paragraph (5);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by Striking out “<quotedText>heart diseases</quotedText>” in paragraph (6) and inserting in lieu thereof “<quotedText>heart, blood vessel, lung, and blood diseases and the management of blood resources</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by inserting “<quotedText>and to the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in paragraph (7);and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>by inserting at the end of the section heading “<quotedText><inline class="smallCaps">and in the management of blood resources</inline></quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">National Heart, Lung, and Blood Advisory Council.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287b">42 USC 287b</ref>.</p></sidenote> <content>Section 412 is amended by striking out “<quotedText>National Heart and Lung Advisory Council</quotedText>” and inserting in lieu thereof “<quotedText>National Heart, Lung, and Blood Advisory Council</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104 </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 413(a) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>Disease</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>Diseases and Blood Be sources</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>and blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in such sentence and in paragraph (7).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section413(b) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>calendar</quotedText>” each place it occurs in paragraph (2) and inserting in lieu thereof “<quotedText>fiscal</quotedText>”; and</content> </paragraph> <page identifier="/us/stat/90/403">90 STAT. 403</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end of such paragraph the following; “Each such plan shall contain (A) an estimate of the number and type of personnel which will be required by the Institute to carry out the Program during the five years with respect to which the plan is submitted, and (B) recommendations for appropriations to carry out the program during such five years”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 413(c)(1) is amended by striking out “<quotedText>fifty</quotedText>” and<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287b">42 USC 287b</ref>.</p></sidenote> inserting in lieu thereof “<quotedText>one hundred</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>Section 413(c)(2) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>operate</quotedText>” and inserting in lieu thereof “<quotedText>operate, alter, renovate</quotedText>”: and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>and blood resource</quotedText>” after “<quotedText>disease</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <chapeau>Section 413(d) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>Assistant Director for Health Information<sidenote><p class="firstIndent0 fontsize8">Assistant Director for Prevention Education, and Control.</p></sidenote> Programs</quotedText>” each place it occurs and inserting in lieu thereof “<quotedText>Assistant. Director for Prevention Education, and Control</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out. “<quotedText>and pulmonary</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>, blood, and pulmonary</quotedText>” and by inserting “<quotedText>and blood</quotedText>” after “<quotedText>pulmonary</quotedText>” in the third sentence; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting “<quotedText>and blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in the second sentence. </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The section heading of section 413 is amended by striking out “<quotedText>disease</quotedText>” and inserting in lieu (hereof “<quotedText>diseases and blood resources</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Section 414(b) is amended (1) by striking out “<quotedText>and</quotedText>” after<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287c">42 USC 287c</ref>.</p></sidenote> “<quotedText>1974,</quotedText>”, and (2) by inserting before the period a comma and the following: “<quotedText>$10,000,000 for fiscal year 1970, and $30,000,000 for fiscal year 1977</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Subsection (a)(1)(A) of section 415 is amended<sidenote><p class="firstIndent0 fontsize8">National research and demonstration centers.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287d">42 USC 287d</ref>.</p></sidenote> by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>striking out “<quotedText>fifteen</quotedText>” and inserting in lieu thereof “<quotedText>ten</quotedText>”, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>striking out “<quotedText>, blood vessel, and blood diseases</quotedText>” and inserting in lieu thereof “<quotedText>diseases</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (a)(1)(B) of such section is amended by striking out “<quotedText>fifteen</quotedText>” and inserting in lieu thereof “<quotedText>ten</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>Subsection (a)(1) of such section is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of subparagraph (A),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “<quotedText>, and</quotedText>”, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by inserting after subparagraph (B) the following new subparagraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>ten new centers for basic and clinical research into, training in, and demonstration of, advanced diagnostic, prevention, and treatment methods (including methods of providing emergency medical services) for blood, blood vessel diseases, research in the use of blood products, and research in the management of blood resources.”.</content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section 415 (a) is further amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>and for research in the use of blood and blood products and in the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in paragraph (1)(A);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>chronic</quotedText>” in paragraph (1)(B);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>paragraph (1)(A)</quotedText>” in paragraph (2) and inserting in lieu thereof “<quotedText>paragraph (I)</quotedText>”;</content> </paragraph> <page identifier="/us/stat/90/404">90 STAT. 404</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by inserting “<quotedText>, pulmonary, and blood</quotedText>” before “<quotedText>diseases</quotedText>” in paragraph (2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by striking out “<quotedText>cardiovascular disease</quotedText>” in paragraph (2)(A) and inserting in lieu thereof “<quotedText>cardiovascular, pulmonary, and blood diseases</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking out “<quotedText>such disease</quotedText>” in subparagraphs (B), (C), and (D) of paragraph (2) and inserting in lieu thereof “<quotedText>such diseases</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287d">42 USC 287d</ref>.</p></sidenote> <chapeau class="inline">Section 415 (b) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>the management of blood resources and</quotedText>” before “<quotedText>advanced</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by amending the first sentence after paragraph (4) to read<sidenote><p class="firstIndent0 fontsize8">Aggregate of payments, limitation.</p></sidenote> as follows: “<quotedText>The aggregate of payments (other than payments for construction) made to any center under such an agreement for its costs (other than indirect costs) described in the first sentence may not exceed $5,000,000 in any year, except that the aggregate of such payments in any year may exceed such amount to the extent that the excess amount is attributable to increases in such year in appropriate costs as reflected in the Consumer Price Index published by the Bureau of Labor Statistics.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The section heading of section 415 is amended by inserting “<quotedText><inline class="smallCaps">and blood resources</inline></quotedText>” after “<quotedText>diseases</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287f">42 USC 287f</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 417(a)(1) is amended by striking out “<quotedText>Director of the Office of Science and Technology</quotedText>” and inserting in lieu thereof “<quotedText>Director of the National Science Foundation</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 417 is amended by striking out “<quotedText>National Heart and Lung Advisory Council</quotedText>” in subsection (a) and in subsection (b)(3) and inserting in lieu thereof “<quotedText>National Heart, Lung, and Blood Advisory Council</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The section heading of section 417 is amended by striking out “<quotedText>and lung</quotedText>” and inserting in lieu thereof “<quotedText>, lung, and blood</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287g">42 USC 287g</ref>.</p></sidenote> <chapeau class="inline">Section 418 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>and to the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in paragraphs (1), (2), (3), and (4) of subsection (a);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating paragraphs (4), (5), and (6) of subsection (a) as paragraphs (5), (6), and (7), respectively, and by adding after paragraph (3) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>recommend to the Secretary (A) areas of research in heart, blood vessels, lung, and blood diseases and in the use of blood and blood products and the management of blood resources which it determines should be supported by the awarding of contracts in order to best carry out the purposes of this part, and (B) the percentage of the budget of the Institute which should be expended for such contracts;”; and</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>by amending paragraph (2) of subsection (b) to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8">Report to Secretary for transmittal to President and Congress.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287g">42 USC 287g note</ref>.</p></sidenote> <chapeau>The Council shall submit a report to the Secretary for simultaneous transmittal, not later than November 30 of each year, to the President and to the Congress on the progress of the Program toward the accomplishment of its objectives during the preceding fiscal year.”.</chapeau> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>For purposes of section 418(E)(2) of the Public Health Service Act (as amended by subparagraph (A)), the period beginning July 1, 1975, and ending September 30, 1976, shall he considered a fiscal year.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num><sidenote><p class="firstIndent0 fontsize8">Effective date.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287g">42 USC 287g note</ref>.</p></sidenote> <content>The amendment made by subparagraph (A) shall take effect as of January 1, 1976.</content> </subparagraph> </paragraph> </section> <page identifier="/us/stat/90/405">90 STAT. 405</page> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <chapeau class="inline">Section 419A is amended—<sidenote><p class="firstIndent0 fontsize8">Administration</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287h">42 USC 287h</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>and projects with respect to the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>training projects</quotedText>” in subsection (a):</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>and into the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in subsection (b);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting “<quotedText>and for research and training in the use of blood and blood products and the management of blood resources</quotedText>” after “<quotedText>diseases</quotedText>” in subsection (c);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking out “<quotedText>in amounts not to exceed $35,900</quotedText>” in paragraph (1) of subsection (c) and inserting in lieu thereof “<quotedText>if the direct costs of such research and training do not exceed $35,000, but only</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by striking out “<quotedText>in amounts exceeding $35,000</quotedText>” in paragraph (2) of subsection (c) and inserting in lieu thereof “<quotedText>if the direct costs of such research and training exceed $35,000, but only</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <chapeau class="inline">Section 419B is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” and by inserting before<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s287i">42 USC 287i</ref>.</p></sidenote> the period at the end of the first sentence a comma and the following: “<quotedText>$339,000,000 for fiscal year 1976, and $373,000,000 for fiscal year 1977</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>diseases of the blood</quotedText>” and inserting in lieu thereof “<quotedText>blood diseases and blood resources</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 301 is amended by striking out “<quotedText>heart diseases</quotedText>”<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> in paragraphs (c) and (b) and inserting in lieu thereof “<quotedText>heart, blood vessel, lung, and blood diseases and blood resources</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 301 is amended by striking out “<quotedText>National Heart and Lung Advisory Council</quotedText>” in paragraphs (c) and (h) and inserting in lieu thereof “<quotedText>National Heart, Lung, and Blood Advisory Council</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <content class="inline">The title of Part B of title IV is amended to read as follows: <quotedContent> <part> <num value="B"><inline class="smallCaps">“Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">National Heart, Lung, and Blood Institute”.</inline></heading> </part> </quotedContent> </content> </section> <num value="II">TITLE II—</num> <heading class="inline">NATIONAL RESEARCH SERVICE AWARDS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Subsection (a)(1)(A)(i) of section 472 is amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1</ref>.</p></sidenote> (A) by striking out “<quotedText>in matters</quotedText>” and inserting in lieu thereof “<quotedText>or under programs administered by the Division of Nursing of the Health Resources Administration, in matters</quotedText>”, and (ii) by inserting before, “<quotedText>are directed</quotedText>” the following: “<quotedText>or Division of Nursing</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsections (a)(1)(A)(iii) and (a)(1)(B) of such section are each amended by striking out “<quotedText>non-Federal</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (c)(1)(A)(i) of such section is amended by striking out “<quotedText>health research or teaching</quotedText>” and inserting in lieu thereof “<quotedText>health research or teaching or any combination thereof which is in accordance with usual pat terns of academic employment</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Subsection (c)(2)(A) of such section is amended by striking out “<quotedText>health research or teaching</quotedText>” and inserting in lieu thereof “<quotedText>health research or teaching or any combination thereof which is in accordance with the usual patterns of academic employment</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The first sentence of subsection (d) of such section is amended by inserting a comma before the period and the following: “<quotedText>$165,000,000 for fiscal year 1976, and $185,000,000 for fiscal year 1977</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/90/406">90 STAT. 406</page> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Subsection (a)(1)(A)(i) of section 472 is amended by striking out “<quotedText>the disease or (diseases) or other health problems to which the activities of the Institutes and Administration are directed</quotedText>” and insetting in lieu thereof “<quotedText>diseases or other health problems</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (b)(2) of section 472 is amended by striking out “<quotedText>to the entities of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration</quotedText>” and inserting in lieu thereof “<quotedText>within the Department of Health, Education, and Welfare</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Subparagraph (A) of the first paragraph (4) of subsection (c) of section 472 is amended by striking out “<quotedText>and the interest on such amount</quotedText>” down through and including “<quotedText>was made</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The last sentence of subparagraph (B) of such paragraph is amended by striking out “<quotedText>at the same rate as that fixed by the Secretary of the Treasury under subparagraph (A) to determine the amount due the United States</quotedText>” and inserting in lieu thereof “<quotedText>at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date the United States becomes entitled to such amount</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The amendments made by subsection (a) shall apply with respect to National Research Awards under section 472 which are made from appropriations for fiscal years ending on or after June 30, 1975.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="firstIndent0 fontsize8">Biomedical and behavioral research personnel, studies.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/2891–2">42 USC 2891–2</ref>.</p></sidenote> <content class="inline">Section 473(b) is amended by adding after paragraph (2) the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The National Academy of Sciences or other group or association conducting the study required by subsection (a) shall conduct such study in consultation with the Director of the National Institutes of Health.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent0 fontsize8">Report to congressional committees.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–2">42 USC 289<i>l</i>–2</ref>.</p></sidenote> <content class="inline">Subsection (c) of section 473 is amended by striking out “<quotedText>March 31</quotedText>” and inserting in lieu thereof “<quotedText>September 30</quotedText>”.</content> </section> <num value="III">TITLE III—</num> <heading class="inline">DISCLOSURE OF RESEARCH INFORMATION</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="firstIndent0 fontsize8">Investigations and study.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The President’s Biomedical Research Panel (established by section 201(a) of the National Cancer Act Amendments of 1974 (Public Law 93–352)) and the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (established by section 201 of the National Research Act (Public Law <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote>93–348)) shall each conduct an investigation and study of the implication of the disclosure to the public of information contained in research protocols, research hypotheses, and research designs obtained by the Secretary of Health, Education, and Welfare (hereinafter in the subsection referred to as the “Secretary”) in connection with an application or proposal submitted, during the period beginning January 1, 1975, and ending December 31, 1975, to the Secretary for a<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p></sidenote> grant, fellowship, or contract under the Public Health Service Act. In making such investigation and study the Panel and the Commission shall each determine the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>The number of requests made to the Secretary for the disclosure of information contained in such research protocols, hypotheses, and designs and the interests represented by the persons for whom such requests were made.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The purposes for which information disclosed by the Secretary pursuant to such requests was used.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <chapeau>The effect of the disclosure of such information on—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>proprietary interests in the research protocol, hypothesis, or design from which such information was disclosed and on patent rights;</content> <page identifier="/us/stat/90/407">90 STAT. 407</page> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the ability of peer review systems to insure high quality federally funded research; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>the (I) protection of the public against research which presents an unreasonable risk to human subjects of such research and (II) the adequacy of informed consent procedures.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Not later than May 31, 1976, the Panel shall complete the<sidenote><p class="firstIndent0 fontsize8">Report to congressional committees.</p></sidenote> investigation and study required to be made by the Panel by paragraph (1), and, not later than June 30, 1976, the Panel shall submit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a report on such investigation and study. The report shall contain such recommendations for legislation as the. Panel deems appropriate.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Not later than November 30, 1976, the Commission shall complete<sidenote><p class="firstIndent0 fontsize8">Report to congressional committees.</p></sidenote> the investigation and study required to be made by the Commission by paragraph (1), and, not later than December 31, 1976, the Commission shall submit to the Committee on Interstate and Foreign Commerce of the House, of Representatives and the Committee on Labor and Public Welfare of the Senate a report, on such investigation and study. The report shall contain such recommendations for legislation as the Commission deems appropriate.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 211(b) of the National Research Act (Public Law 93–348) is amended by striking out “<quotedText>July 1, 1976</quotedText>” and inserting in lieu<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s218">42 USC 218 note</ref>.</p></sidenote> thereof “<quotedText>January 1, 1977</quotedText>”.</content> </subsection> </section> <num value="IV">TITLE IV—</num> <heading>GENETIC DISEASES</heading> <section> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="firstIndent0 fontsize8">National Sickle Cell Anemia, Cooley’s Anemia, Tay-Sachs, and Genetic Diseases Act.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b">42 USC 300b note</ref>.</p></sidenote> <content class="inline">This title may be cited as the “<shortTitle role="title">National Sickle Cell Anemia, Cooley’s Anemia, Tay-Sachs, and Genetic Diseases Act</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">In order to preserve and protect the health and welfare of all citizens, it is the purpose of this title to establish a national program to provide for basic and applied research, research training, testing, counseling, and information and education programs with respect to genetic diseases, including sickle cell anemia, Cooley’s anemia, Tay-Sachs disease, cystic fibrosis, dysautonomia, hemophilia, retinitis pigmentosa, Huntington’s chorea, and muscular dystrophy.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Title XI is amended by striking out parts A and B and<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b">42 USC 300b note</ref>.</p></sidenote> inserting in lieu thereof the following: <quotedContent> <part> <num value="A"><inline class="smallCaps">“Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Genetic Diseases</inline></heading> <section> <heading class="smallCaps centered">“testing and counseling programs and information and education programs</heading> <num value="1101"><inline class="smallCaps">“Sec</inline>. 1101. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Secretary, through an identifiable administrative<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b">42 USC 300b</ref>.</p></sidenote> unit within the Department of Health, Education, and Welfare, may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities, for projects to establish and operate voluntary genetic testing and counseling programs primarily in conjunction with other existing health programs, including programs assisted under title V of the Social Security Act.<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s701">42 USC 701</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall carry out, through an identifiable administrative unit within the Department of Health, Education, and Welfare, a program to develop information and educational materials<page identifier="/us/stat/90/408">90 STAT. 408</page> relating to genetic diseases and to disseminate such information and materials to persons providing health care, to teachers and students, and to the public generally in order to most rapidly make available the latest advances in the testing, diagnosis, counseling, and treatment of individuals respecting genetic diseases. The Secretary may, under such program, make grants to public and nonprofit private entities and enter into contracts with public and private entities and individuals for the development and dissemination of such materials.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <content>For the purpose of making payments pursuant to grants and contracts under this section, there are authorized to be appropriated $30,000,000 for fiscal year 1076, $30,000,000 for fiscal year 1977, and $30,000,000 for fiscal year 1978.</content> </subsection> </section> <section> <heading class="smallCaps centered">“research project grants and contracts</heading> <num value="1102"><inline class="smallCaps">“Sec</inline>. 1102. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b–1">42 USC 300b–1</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> <content class="inline">In carrying out section 301, the Secretary may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities and individuals, for projects for (1) basic or applied research leading to the understanding, diagnosis, treatment, and control of genetic diseases, (2) planning, establishing, demonstrating, and developing special programs for the training of genetic counselors, social and behavioral scientists, and other health professionals, (3) the development of programs to educate practicing physicians, other health professionals, and the public regarding the nature of genetic processes, the inheritance patterns of genetic diseases, and the means, methods, and facilities available to diagnose, control, counsel, and treat genetic diseases, and (4) the development of counseling and testing programs and other programs for the diagnosis,<sidenote><p class="firstIndent0 fontsize8">Sickle cell anemia and Cooley’s anemia research, priority.</p></sidenote> control, and treatment of genetic diseases. In making grants and entering into contracts for projects described in clause (1) of the preceding sentence, the Secretary shall give priority to applications for such grants or contracts which are submitted for research on sickle cell anemia and for research on Cooley’s anemia.</content> </section> <section> <heading class="smallCaps centered">“voluntary participation</heading> <num value="1103"><inline class="smallCaps">“Sec</inline>. 1103. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b–2">42 USC 300b–2</ref>.</p></sidenote> <content class="inline">The participation by any individual in any program or port ion thereof under this part shall lie wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program.</content> </section> <section> <heading class="smallCaps centered">“applications; administration of grants and contract programs</heading> <num value="1104"><inline class="smallCaps">“Sec</inline>. 1104. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b–3">42 USC 300b–3</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>A grant or contract under this part may be made upon application submitted to the Secretary at such time, in such manner, and containing and accompanied by such information, as the Secretary may require. Each applicant shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide that the programs and activities for which assistance under this part is sought will be administered by or under the supervision of the applicant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide for strict, confidentiality of all test results, medical records, and other information regarding testing, diagnosis, counseling, or treatment of any person treated, except for (A) such information as the patient (or his guardian) gives informed consent to be released, or (B ) statistical data compiled without reference to the identity of any such patient;</content> </paragraph> <page identifier="/us/stat/90/409">90 STAT. 409</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>provide, for community representation where appropriate in the development and operation of voluntary genetic testing or counseling programs funded by a grant or contract under this part;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>in the case of an applicant for a grant or contract under section 1101 (a)(1) for the delivery of services, provide assurances satisfactory to the Secretary that (A) the services for community-wide testing and counseling to be provided under the program for which the application is made (i) will take into consideration widely prevalent discuses with a genetic component and high-risk population groups in which certain genetic diseases occur, and (ii) where appropriate will be directed especially but not exclusively to persons who are entering their child-producing years, and (B) appropriate arrangements will be made to provide counseling to persons found to have a genetic disease and to persons found to carry a gene or chromosome which may cause a deleterious effect in their offspring; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>establish fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting of Federal funds paid to the applicant under this part.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>In making any grant or entering into any contract for testing and counseling programs under section 1101, the Secretary shall (1) take into account the number of persons to be served by the program supported by such grant or contract and the extent to which rapid and effective use will be made of funds under the grant or contract; and (2) give priority to programs operating in areas which the Secretary determines have the greatest number of persons who will benefit from and are in need of the services provided under such programs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>In making grants and entering into contracts for any fiscal year under section 301 for projects described in section 1102 or under<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> section 1101 the Secretary shall give special consideration to applications from entities that received grants from, or entered into contracts with, the Secretary for the preceding fiscal year for the conduct of comprehensive sickle cell centers or sickle cell screening and education clinics.</content> </subsection> </section> <section> <heading class="smallCaps centered">“public health service facilities</heading> <num value="1105"><inline class="smallCaps">“Sec</inline>. 1105. </num> <content class="inline">The Secretary shall establish a program within the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b–4">42 USC 300b–4</ref>.</p></sidenote> Service to provide voluntary testing, diagnosis, counseling, and treatment of individuals respecting genetic diseases. Services under such program shall be made available through facilities of the Service to persons requesting such services, and the program shall provide appropriate publicity of the availability and voluntary nature of such services.</content> </section> <section> <heading class="smallCaps centered">“reports</heading> <num value="1106"><inline class="smallCaps">“Sec</inline>. 1106. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary shall prepare and submit to the President<sidenote><p class="firstIndent0 fontsize8">Report to President for transmittal to Congress.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300b–5">42 USC 300b–5</ref>.</p></sidenote> for transmittal to the Congress on or before April 1 of each year a comprehensive report on the administration of this part.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The report required by this section shall contain such recommendations for additional legislation as the Secretary deems necessary.”.</content> </subsection> </section> </part> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 1121(b)(5) is amended by striking out “<quotedText>ending<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300c–11">42 USC 300c–11</ref>.</p></sidenote> June 30,</quotedText>” each place it occurs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Parts C and D are redesignated as parts B and C, respectively. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300c–11/300c–21">42 USC 300c–11, 300c–21</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The heading of such title is amended to read as follows: <page identifier="/us/stat/90/410">90 STAT. 410</page> <quotedContent> <title> <num value="XI">“TITLE XI—</num> <heading class="inline">GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME.”</heading> (c)

Effective date.

42 USC 300b note.

 The amendments made by subsections (a) and (b) shall take effect July 1, 1976. <num value="IV">TITLE V—</num> <heading>FEDERAL FOOD, DRUG, A ND COSMETIC ACT AMENDMENTS</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501 </num> <subsection class="inline"> <num value="a">(a) </num> <content>Chapter IV of the Federal Food, Drug, and Cosmetic Act is amended by adding after section 410 (21 U.S.C. 349) the following new section: <quotedContent> <section> <heading class="smallCaps centered">“vitamins and minerals</heading> <num value="411"><inline class="smallCaps">“Sec</inline>. 411. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s350">21 USC 350</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s321/341/343">21 USC 321, 341, 343</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Except as provided in paragraph (2)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the Secretary may not establish, under section 201(11), 401, or 403, maximum limits on the potency of any synthetic or natural vitamin or mineral within a food to which this section applies;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Secretary may not classify any natural or synthetic vitamin or mineral (or combination thereof) as a drug solely because it exceeds the level of potency which the Secretary determines is nutritionally rational or useful;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau>the Secretary may not limit, under section 201 (n), 401, or 403, the combination or number of any synthetic or natural—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>vitamin,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>mineral, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>other ingredient of food, within a food to which this section applies.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Paragraph (1) shall not apply in the case of a vitamin, mineral, other ingredient of food, or food, which is represented for use by individuals in the treatment or management of specific diseases<sidenote><p class="firstIndent0 fontsize8">“Children.”</p></sidenote> or disorders, by children, or by pregnant or lactating women. For purposes of this subparagraph, the term ‘children’ means individuals who are under the age of twelve years.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num><sidenote><p class="firstIndent0 fontsize8">Food labeling.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>A food to which this section applies shall not be deemed under section 403 to be misbranded solely because its label bears, in accordance with section 403(i)(2), all the ingredients in the food or its advertising contains references to ingredients in the food which are not vitamins or minerals.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The labeling for any food tn which this section applies may not list its ingredients which arc not vitamins or minerals (i) except, as a part of a list of all the ingredients of such food, and (ii) unless such ingredients are listed in accordance with applicable regulations under section 403. To the extent that compliance with clause (i) of this subparagraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>Notwithstanding the provisions of subparagraph (A), the labeling and advertising for any food to which this section applies may not give prominence to or emphasize ingredients which are not—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>vitamins,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>minerals, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>represented as a source of vitamins or minerals.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><sidenote><p class="firstIndent0 fontsize8">“Food to which this section applies.”</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>For purposes of this section, the term ‘food to which this section applies’ means a food for humans which is a food for special dietary use—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>which is or contains any natural or synthetic vitamin or mineral, and</content> </subparagraph> <page identifier="/us/stat/90/411">90 STAT. 411</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>which—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>is intended for ingestion in tablet, capsule, or liquid form, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>if not intended for ingestion in such a form, does not simulate and is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of paragraph (1)(B)(i), a food shall be considered as intended for ingestion in liquid form only if it is formulated in a fluid carrier and it is intended for ingestion in daily quantities measured in drops or similar small units of measure.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>For purposes of paragraph (1) and of section 403(j) insofar<sidenote><p class="firstIndent0 fontsize8">“Special dietary use.”</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s343">21 USC 343</ref>.</p></sidenote> as that section is applicable to food to which this section applies, the term ‘special dietary use’ as applied to food used by man means a particular use for which a food purports or is represented to be used, including bi it not limited to the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>Supplying a special dietary need that exists by reason of a physical, physiological, pathological, or other condition, including but not limited to the condition of disease, convalescence, pregnancy, lactation, infancy, allergic hypersensitivity to food, underweight, overweight, or the need to control the intake of sodium.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Supplying a vitamin, mineral, or other ingredient, for use by man to supplement his diet by increasing the total dietary intake.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Supplying a special dietary need by reason of being a food for use as the sole item of the diet.”.</content> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Secretary of Health. Education, and Welfare shall amend<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s350">21 USC 350 note</ref>.</p></sidenote> any regulation promulgated under the Federal Food, Drug, and Cosmetic Act which is inconsistent with section 411 of such Act (as<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s301">21 USC 301</ref>.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 410.</p></sidenote> added by subsection (a)) and such amendments shall be promulgated in accordance with section 553 of title 5, United States Code.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 403(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(a)) is amended (A) by inserting “<quotedText>(1)</quotedText>” after “<quotedText>If</quotedText>”, and (B) by inserting before the period at the end a comma and the following: “<quotedText>or (2) in the case of a food to which section 411 applies, its advertising is false or misleading in a material respect or its labeling is in violation of section 411(b)(2)</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Section 201 (n) of such Act is amended by inserting “<quotedText>or<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s321">21 USC 321</ref>.</p></sidenote> advertising</quotedText>” after “<quotedText>labeling</quotedText>” each time it occurs.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Section 303 of such Act is amended by adding at the end<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s333">21 USC 333</ref>.</p></sidenote> the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>No person shall be subject to the penalties of subsection (a)<sidenote><p class="firstIndent0 fontsize8">Misbranded food, penalties, exemption.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s331">21 USC 331</ref>.</p></sidenote> of this section for a violation of section 301 involving misbranded food if the violation exists solely because the food is misbranded under section 403(a)(2) because of its advertising, and no person shall be subject to the penalties of subsection (b) of this section for such a violation unless the violation is committed with the intent to defraud or mislead.”.</content> </subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Section 304(a) of such Act (21 U.S.C. 334(a)) is amended by adding after paragraph (2) the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>Except as provided in subparagraph (B), no libel for<sidenote><p class="firstIndent0 fontsize8">Libel for condemnation.</p></sidenote> condemnation may be instituted under paragraph (1) or (2) against any food which—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>is misbranded under section 403(a)(2) because of its advertising,<sidenote><p class="firstIndent0 fontsize8"><i>Supra</i>.</p></sidenote> and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>is being held for sale to the ultimate consumer in an establishment other than an establishment owned or operated by a manufacturer, packer, or distributor of the food.</content> </clause> </subparagraph> <page identifier="/us/stat/90/412">90 STAT. 412</page> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>A libel for condemnation may be instituted under paragraph (1) or (2) against a food described in subparagraph (A) if—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <clause class="inline"> <num value="I">(I) </num> <content>the food’s advertising which resulted in the food being<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 411.</p></sidenote> misbranded under section 403(a)(2) was disseminated in the establishment in which the food is being held for sale to the ultimate consumer,</content> </clause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>such advertising was disseminated by, or under the direction of, the owner or operator of such establishment, or</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="III">“(III) </num> <content>all or part of the cost of such advertising was paid by such owner or operator; and</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the owner or operator of such establishment used such advertising in the establishment to promote the sale of the food.”.</content> </clause> </subparagraph> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Chapter VII of such Act is amended by adding after section 706 (21 U.S.C. 376) the following new section: <quotedContent> <section> <heading class="smallCaps centered">“advertising of certain foods</heading> <num value="707"><inline class="smallCaps">“Sec</inline>. 707. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s378">21 USC 378</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s331">21 USC 331</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Except as provided in subsection (c), before the Secretary may initiate any action under chapter III—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>with respect to any food which the Secretary determines<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 411.</p></sidenote> is misbranded under section 403(a)(2) because of its advertising, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8">Notice to FTC.</p></sidenote> <content>with respect to a food’s advertising which the Secretary determines causes the food to lie so misbranded,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall, in accordance with paragraph (2), notify in writing the Federal Trade Commission of the action the Secretary proposes to take respecting such food or advertising.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The notice required by paragraph (1) shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>contain (i) a description of the action the Secretary proposes to take and of the advertising which the Secretary has determined causes a food to be misbranded, (ii) a statement of the reasons for the Secretary’s determination that such advertising has caused such food to be misbranded, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>be accompanied by the records, documents, and other written materials which the Secretary determines supports his determination that such food is misbranded because of such advertising.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>If the Secretary notifies the Federal Trade Commission under subsection (a) of action proposed to be taken under chapter III with respect to a food or food advertising and the Commission notifies the Secretary in writing, within the 30-day period beginning on the date of the receipt of such notice, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s58">15 USC 58</ref>.</p></sidenote> <content>it has initiated under the Federal Trade Commission Act an investigation of such advertising to determine if it is prohibited by such Act or any order or rule under such Act,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s45/53/57b">15 USC 45, 53, 57b</ref>.</p></sidenote> <content>it has commenced (or intends to commence) a civil action under section 5, 13, or 19 with respect to such advertising or the Attorney General has commenced (or intends to commence.) a civil action under section 5 with respect to such advertising,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>it has issued and served (or intends to issue and serve) a complaint under section 5(b) of such Act respecting such advertising, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s56">15 USC 56</ref>.</p></sidenote> <content>pursuant to section 16(b) of such Act it has made a certification to the Attorney General respecting such advertising, the Secretary may not, except as provided by paragraph (2), initiate the action described in the Secretary’s notice to the Federal Trade Commission.</content> </subparagraph> </paragraph> <page identifier="/us/stat/90/413">90 STAT. 413</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>If, before the expiration of the 60-day period beginning on the date the Secretary receives a notice described in paragraph (1) from the Federal Trade Commission in response to a notice of the Secretary under subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the Commission or the Attorney General does not commence a civil action described in subparagraph (B) of paragraph (1) of this subsection respecting the advertising described in the Secretary’s notice,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Commission does not issue and serve a complaint described in subparagraph (C) of such paragraph respecting such advertising, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the Commission does not (as described in subparagraph (D) of such paragraph) make a certification to the Attorney General respecting such advertising, or, if the Commission does make such a certification to the Attorney General respecting such advertising, the Attorney General, before the expiration of such period, docs not cause appropriate criminal proceedings to be brought against such advertising,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary may, after the expiration of such period, initiate the action described in the notice to the Commission pursuant, to subsection (a). The Commission shall promptly notify the Secretary of the commencement by the Commission of such a civil action, the issuance and service by it of such a complaint, or the causing by the Attorney General of criminal proceedings to lie brought against such advertising.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The requirements of subsections (a) and (b) do not apply with respect to action under chapter III with respect to any food or food<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s331">21 USC 331</ref>.</p></sidenote> advertising if the Secretary determines that such action is required to eliminate an imminent hazard to health.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>For the purpose of avoiding unnecessary duplication, the Secretary shall coordinate any action taken under chapter III because of advertising which the Secretary determines causes a food to be misbranded with any action of the Federal Trade Commission under the Federal Trade Commission Act with respect to such advertising.” <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s58">15 USC 58</ref>.</p><p class="firstIndent0 fontsize8">Effective date.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t21/s334">21 USC 334 note</ref>.</p></sidenote></content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.</content> </subsection> </section> <num value="VI">TITLE VI—</num> <heading class="inline">ARTHRITIS ACT AMENDMENTS</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">National Arthritis Act<sidenote><p class="firstIndent0 fontsize8">National Arthritis Act Technical Amendments of 1976.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289c–1">42 USC 289c–1 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289c–1">42 USC 289c–1 note</ref>.</p></sidenote> Technical Amendments of 1976</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 2 of the National Arthritis Act of 1971 (Public Law 93–640) (hereinafter in this section referred to as the “Act”) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting “<quotedText>(a)</quotedText>” after “<quotedText><inline class="smallCaps">Sec</inline>. 2.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inserting a comma and “<quotedText>including $2,500,000,000 in medical expenses,</quotedText>” after “<quotedText>$9,200,000,000</quotedText>” in paragraph (3): and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>inserting a new subsection (b) at the end thereof as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau>It is therefore the purpose of this Act to provide for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>the formulation of a long-range plan—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to expand and coordinate the national research, treatment, and control effort, against arthritis;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to advance educational activities for patients, professional and allied health personnel, and the public which will alert, the citizens of the United States to the early indications of arthritis; and</content> </subparagraph> <page identifier="/us/stat/90/414">90 STAT. 414</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to emphasize (he significance of early detection and proper control of these diseases and of the complications which may evolve from them;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the establishment and support of programs to develop now and improved methods of arthritis screening, detection, prevention, and referral;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the establishment of a central arthritis screening and detection data bank; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the development, modernization, and operation of centers for arthritis screening, detection, diagnosis, prevention, control, treatment, education, rehabilitation, and research and training programs.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289c–1">42 USC 289c–1 note</ref>.</p></sidenote> <content>Section 3 of the Act is amended by striking out “<quotedText>chief medical officer</quotedText>” and inserting in lieu thereof “<quotedText>Chief Medical Director</quotedText>” in subsection (b)(4).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The section heading for section 4 of the Act is amended by striking out “<quotedText>demon strati on</quotedText>” after “<quotedText>committee,</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289a">42 USC 289a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 431(c) of the Public Health Service Act is amended by inserting “<quotedText>(hereinafter in this part collectively referred to as ‘arthritis’)</quotedText>” after “<quotedText>musculoskeletal diseases</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289c–1">42 USC 289c–1</ref>.</p></sidenote> <content>The fourth sentence of section 434(b) of such Act is amended by striking out “<quotedText>and related musculoskeletal diseases</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 434(e) of such Act is amended by striking out “<quotedText>and related musculoskeletal diseases (hereinafter in this part collectively referred to as ‘arthritis’) </quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289c–5">42 USC 289c–5</ref>.</p></sidenote> <chapeau>Section 438 of such Act is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting “<quotedText>the</quotedText>” before “<quotedText>health</quotedText>” the first time it appears in the first sentence of subsection (a); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inserting “<quotedText>established</quotedText>” after “<quotedText>bank</quotedText>” in the second sentence of subsection (a).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289c–6">42 USC 289c–6</ref>.</p></sidenote> <chapeau>Section 439 of such Act is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting “<quotedText>new and existing</quotedText>” before “<quotedText>centers</quotedText>” in the first sentence of subsection (a);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>striking out “<quotedText>$13,000,090</quotedText>” and inserting in lieu thereof “<quotedText>$8,000,900</quotedText>”, and striking out “<quotedText>$15,000,009</quotedText>” and inserting in lieu thereof “<quotedText>$20,009,000</quotedText>” in subsection (h); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f),and (g),respectively.</content> </paragraph> </subsection> </section> <num value="VII">TITLE VII—</num> <heading class="inline">DIABETES PLAN</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289c–2">42 USC 289c–2 note</ref>.</p></sidenote> <content class="inline">Section 3 (i)(2) of the National Diabetes Mellitus Research and Education Act (42 U.S.C. 289c–2) is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Commission shall cease to exist after September 30, 1976.”.</content> </paragraph> </quotedContent> </content> </section> <num value="VIII">TITLE VIII—</num> <heading class="inline">HEALTH SERVICES</heading> <section> <heading class="smallCaps centered">ambulatory surgical Services</heading> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247d">42 USC 247d</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 319(a)(7) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting after subparagraph (K) the following new subparagraph: <quotedContent> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="L">“(L) </num> <content>ambulatory surgical services;” and</content> </subparagraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>redesignating subparagraphs (L) and (M) as subparagraphs (M) and (N), respectively.</content> </paragraph> </subsection> <page identifier="/us/stat/90/415">90 STAT. 415</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section 330(b)(2) is amended by—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s254c">42 USC 254c</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting after subparagraph (K) the following new subparagraph: <quotedContent> <subparagraph class="indent1 firstIndent1 fontsize10"> <num value="L">“(L) </num> <content>ambulatory surgical services;” and</content> </subparagraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>redesignating subparagraphs (L) and (M) as subparagraphs (M) and (N), respectively.</content> </paragraph> </subsection> </section> <num value="IX">TITLE IX—</num> <heading class="inline">INDIAN HEALTH SERVICE</heading> <section> <num value="901"><inline class="smallCaps">Sec</inline>. 901. </num> <content class="inline">Section 225 is amended by adding at tire end thereof the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s234">42 USC 234</ref>.</p></sidenote> following new subsection— <quotedContent> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num> <content>Notwithstanding any other provision of law, the Secretary may, where he deems advisable, allow the Indian Health Service to utilize nonprofit recruitment agencies to assist in obtaining personnel for the Public Health Service.”.</content> </subsection> </quotedContent> </content> </section> <num value="X">TITLE X—</num> <heading class="inline">APPOINTMENT OF ADVISORY COMMITTEES</heading> <section class="firstIndent1 fontsize10"> <num value="1001"><inline class="smallCaps">Sec</inline>. 1001. </num> <content class="inline">All appointments to advisory committees established to<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s217a–1">42 USC 217a–1</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s2661">42 USC 2661 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551 note</ref>.</p></sidenote> assist in implementing the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, shall be made without regard to political affiliation.</content> </section> <num value="XI">TITLE XI—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section> <num value="1101"><inline class="smallCaps">Sec</inline>. 1101. </num> <content class="inline">Section 212 of the Public Health Service Act is amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s213">42 USC 213</ref>.</p></sidenote> by adding after subsection (d) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter provided under the Soldiers’ and Sailors’ Civil Relief Act of 1910 (50 App. U.S.C. 501 et seq.).”.</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="1102"><inline class="smallCaps">Sec</inline>. 1102. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The second paragraph (4) of subsection (c) of section 472 of the Public Health Service Act is redesignated as paragraph (5). <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s225a">42 USC 225a</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 507 of the Public Health Service Act is amended by striking out “<quotedText>hospitals of the Service, of the Veterans’ Administration, or of the Bureau of Prisons of the Department of Justice, and to Saint Elizabeths Hospital, except that grants to such</quotedText>” and insert in lieu thereof “<quotedText>Federal institutions, except that grants to</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="1103"><inline class="smallCaps">Sec</inline>. 1103. </num> <content class="inline">Title IV of the Public Health Service Act is amended by adding after section 475 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“visiting scientist awards</heading> <num value="476"><inline class="smallCaps">“Sec</inline>. 476. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary may make awards (referred to as<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s289l–5">42 USC 289<i>l</i>–5</ref>.</p></sidenote> ‘Visiting Scientist Awards’) to outstanding scientists who agree to serve as visiting scientists at institutions of post-secondary education which have significant enrollments of disadvantaged students. Visiting Scientist Awards shall be made by the Secretary to enable the faculty and students of such institutions to draw upon the special talents of scientists from other institutions for the purpose of receiving guidance, advice, and instruction with regard to research, teaching, and curriculum development in the biomedical and behavioral sciences and such other aspects of these sciences as the Secretary shall deem appropriate.</content> </subsection> <page identifier="/us/stat/90/416">90 STAT. 416</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The amount of each Visiting Scientist Award shall include such sum as shall be commensurate with the salary or remuneration which the individual receiving the award would have been entitled to receive from the institution with which the individual has, or had, a<sidenote><p class="firstIndent0 fontsize8">Eligibility requirements.</p></sidenote> permanent or immediately prior affiliation. Eligibility for and terms of Visiting Scientist Awards shall be determined in accordance with regulations the Secretary shall prescribe.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="1104"><inline class="smallCaps">Sec</inline>. 1104. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s295g–23">42 USC 295g–23</ref>.</p></sidenote> <content class="inline">Section 786 of the Public Health Service Act is amended by inserting before the period at the end of the first sentence “<quotedText>and $3,500,000 for the fiscal year ending June 30, 1075 and $2,000,000 for the fiscal year ending June 30, 1976</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="1105"><inline class="smallCaps">Sec</inline>. 1105. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s294b">42 USC 294b</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 742(a) of the Public Health Service Act is amended by striking out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” and by inserting after “<quotedText>1975</quotedText>” the following: “<quotedText>, and $60,000,000 for the fiscal year ending June 30, 1976</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s294">42 USC 294</ref>.</p></sidenote> <content>Section 740(b)(4) of such Act is amended by striking out “<quotedText>1975</quotedText>” and inserting in lieu thereof “<quotedText>1976</quotedText>”.</content> </subsection> </section> <section> <num value="1106"><inline class="smallCaps">Sec</inline>. 1106. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300l">42 USC 300<i>l</i></ref>.</p></sidenote> <subsection class="inline"> <content>Section 1511(b)(5) of the Public Health Service Act is amended by striking out “<quotedText>1535</quotedText>” and inserting in lieu thereof “<quotedText>1536</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300p–3">42 USC 300p–3</ref>.</p></sidenote> <content>Section 1613 of such Act is amended by striking out “<quotedText>1510</quotedText>” and inserting in lieu thereof “<quotedText>1610</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300s–1">42 USC 300s–1</ref>.</p></sidenote> <content>The last sentence of section 1631 of such Act is repealed.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="1107"><inline class="smallCaps">Sec</inline>. 1107. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 132(a)(1)(A) of the Developmental Disabilities Services and Facilities Construction <quotedText>Act</quotedText> (42 U.S.C. 6062) (hereinafter in this section referred to as the “<quotedText>Act</quotedText>”) is amended by striking out “<quotedText>134</quotedText>” and inserting in lieu thereof “<quotedText>133</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6064">42 USC 6064</ref>.</p></sidenote> <content>Section 134(b)(1) of the Act is amended by striking out “<quotedText>134</quotedText>” and inserting in lieu thereof “<quotedText>133</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 134(b)(1) of the Act is amended by striking out “<quotedText>136</quotedText>” and inserting in lieu thereof “<quotedText>135</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 301(a) of the Developmentally Disabled Assistance and<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6001">42 USC 6001 note</ref>.</p></sidenote> Bill of Rights Act is amended by striking out “<quotedText>101(7)</quotedText>” and inserting in lieu thereof “<quotedText>102(7)</quotedText>”.</content> </subsection> </section> Approved April 22, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–498 (Comm. on Interstate and Foreign Commerce) and No. 94–1005 (Comm. of Conference). SENATE REPORTS: No. 94–509 accompanying S. 988 (Comm. on Labor and Public Welfare) and No. 94–743 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 20, considered and passed House.

Dec. 11, considered and passed Senate, amended, in lieu of S. 988.

Vol. 122 (1976): Apr. 12, House and Senate agreed to conference report.

 Public Law 94–279: To amend the Act of August 24, 1966, as amended, to increase the protection afforded animals in transit and to assure humane treatment of certain animals, and for other purposes. Public Law 279 Public Law 94–279 90 Stat. 417 1976-04-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 417 Public Law 94–279 94th Congress
An Act To amend the Act of August 24, 1966, as amended, to increase the protection afforded animals in transit and to assure humane treatment of certain animals, and for other purposes.

Apr. 22, 1976

[S. 1941]

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

Animal Welfare Act Amendments of 1976.

7 USC 2131 note.

7 USC 2131 note.

7 USC 2131.

 be cited as the “Animal Welfare Act Amendments of 1976”.
Sec. 2. Section 1 of the Act of August 24, 1966 (80 Stat. 350, as amended by the Animal Welfare Act of 1970, 84 Stat. 1560; 7 U.S.C. 2131–2155) is amended to read as follows:
“Section 1. (a) This Act may be cited as the ‘Animal Welfare Act’. “(b) The Congress finds that animals and activities which are regulated under this Act are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this Act is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order— “(1) to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment; “(2) to assure the humane treatment of animals during transportation in commerce; and “(3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen. The Congress further finds that it is essential to regulate, as provided in this Act, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use.”.
Sec. 3. Section 2 of such Act is amended—

Definitions.

7 USC 2132.

 (1) by striking out subsection (e) and (d) thereof and inserting lieu thereof the following: “(c) The term ‘commerce’ means trade, traffic, transportation, or other commerce— “(1) between a place in a State and any place outside of such State, or between points within the same State but through any place outside thereof, or within any territory, possession, or the District of Columbia; “(2) which affects trade, traffic, transportation, or other commerce described in paragraph (1). “(d) The term ‘State’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States;”. (2) by striking out the term “affecting commerce” in subsections (e) and (f) and inserting in lieu thereof “in commerce”; (3) by revising paragraph (f) thereof to read as follows: “(f) The term ‘dealer’ means any person who, in commerce, for compensation or profit, delivers for transportation, or transports,90 STAT. 418 except as a earlier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include— “(i) a retail pet store except, such store which sells any animals to a research facility, an exhibitor, or a dealer; or “(ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year;”, (4) by deleting “; and” at the end of paragraph (g) and inserting in lieu thereof the following: “. With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes;”, and (5) by deleting the period at the end of paragraph (h) and inserting a semicolon in lieu thereof.
Sec. 4.

7 USC 2132.

 Section 2 of such Act is further amended by adding thereto two new paragraphs to read: “(i)

“Intermediate handler.”

 The term ‘intermediate handler’ means any person including a department, agency, or instrumentality of the United States or of any State or local government (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier) who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce; and “(j)

“Carrier.”

 The term ‘carrier’ means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire.”.
Sec. 5.

7 USC 2134, 2141, 2142.

7 USC 2136.

 Sections 4, 11, and 12 of such Act are amended by striking out “affecting commerce” and inserting in lieu thereof “in commerce”.
Sec. 6. Section 6 of such Act is amended by inserting after the term “research facility”, a comma and the term “every intermediate handler, every carrier,”.
Sec. 7.

7 USC 2139.

 Section 9 of such Act is amended by inserting after the term “section 12 of this Act,”, the term “or an intermediate handler, or a carrier,”, and by deleting the term “or an operator of an auction sale as well as of such person.” at the end of section 9 and substituting therefor the following term: “operator of an auction sale, intermediate handler, or carrier, as well as of such person,”.
Sec. 8.

7 USC 2140.

 Section 10 of such Act is amended by deleting the phrase “, upon forms supplied by the Secretary” from the first sentence and by inserting between the second and third sentences thereof the following:

Record retention.

 “At the request of the Secretary, any regulatory agency of the Federal Government which requires records to be maintained by intermediate handlers and carriers with respect to the transportation, receiving, handling, and delivery of animals on forms prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information as the Secretary may require for the effective administration of this Act. Such information shall be retained for such reasonable period of time as the Secretary may prescribe. If regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period as the. Secretary may prescribe such records with respect to the transportation, receiving, handling, and delivery of animals as the Secretary may prescribe.”.
Sec. 9.

7 USC 2143.

 Section 13 of such Act is amended by designating the provisions thereof as subsection (a) and by adding, after the second90 STAT. 419 sentence therein, new sentences to read: “The Secretary shall also

Standards.

 promulgate standards to govern the transportation in commerce, and the handling, care, and treatment in connection therewith, by intermediate handlers, air carriers, or other carriers, of animals consigned by any dealer, research facility, exhibitor, operator of an auction sale, or other person, or any department, agency, or instrumentality of the United States or of any State or local government, for transportation in commerce. The Secretary shall have authority to promulgate such

Rules and regulations.

 rules and regulations as he determines necessary to assure humane treatment of animals in the course of their transportation in commerce including requirements such as those with respect to containers, feed, water, rest, ventilation, temperature, and handling.”.
Sec. 10. Section 13 of such Act, as amended, is further amended by

7 USC 2143.

 adding at the end thereof new subsections (b), (c), and (d) to read: “(b) No dogs or eats, or additional kinds or classes of animals designated by regulation of the Secretary, shall be delivered by any dealer, research facility, exhibitor, operator of an auction sale, or department, agency, or instrumentality of the United States or of any State or local government, to any intermediate handler or carrier for transportation in commerce, or received by any such handler or carrier for such transportation from any such person, department, agency, or instrumentality, unless the animal is accompanied by a certificate issued by a veterinarian licensed to practice veterinary medicine, certifying that he inspected the animal on a specified date, which shall not be more than ten days before such delivery, and, when so inspected, the animal appeared free of any infectious disease or physical abnormality which would endanger the animal or animals or other animals or endanger public health: Provided, however, That the Secretary may by regulation provide exceptions to this certification requirement, under such conditions as he may prescribe in the regulations, for animals shipped to research facilities for purposes of research, testing or experimentation requiring animals not eligible for such certification. Such certificates received by the intermediate handlers and the carriers shall be retained by them, as provided by regulations of the Secretary, in accordance with section 10 of this Act.

7 USC 2140.

 “(c) No dogs or cats, or additional kinds or classes of animals designated by regulation of the Secretary, shall be delivered by any person to any intermediate handler or carrier for transportation in commerce except to registered research facilities if they are less than such age as the Secretary may by regulation prescribe. The Secretary shall designate additional kinds and classes of animals and may prescribe different ages for particular kinds or classes of dogs, cats, or designated animals, for the purpose’s of this section, when he determines that such action is necessary or adequate to assure their humane treatment in connection with their transportation in commerce. “(d) No intermediate handler or carrier involved in the transportation of any animal in commerce shall participate in any arrangement or engage in any practice under which the cost of such animal or the cost of the transportation of such animal is to be paid and collected upon delivery of the animal to the consignee, unless the consignor guarantees in writing the payment of transportation charges for any animal not claimed within a period of 48 hours after notice to the consignee of arrival of the animal, including, where necessary, both the return transportation charges and an amount sufficient to reimburse the carrier for all out-of-pocket expenses incurred for the care, feeding, and storage of such animals.”.
Sec. 11. Section 15 of such Act is amended by inserting after the

7 USC 2145.

 term “exhibition” in the first sentence, a comma and the term “or90 STAT. 420 administration of statutes regulating the transportation in commerce or handling in connection therewith of any animals”, and by adding

Consultation.

 the following at the end of the sentence: “Before promulgating any standard governing the air transportation and handling in connection therewith, of animals, the Secretary shall consult with the Secretary of Transportation who shall have the authority to disapprove any such standard if lie notifies the Secretary, within 30 days after such consultation, that changes in its provisions are necessary in the interest of flight safety. The Interstate Commerce Commission, the Civil Aeronautics Board, and the Federal Maritime Commission, to the extent of their respective lawful authorities, shall take such action as is appropriate to implement any standard established by the Secretary with respect to a person subject to regulation by it.”.
Sec. 12.

7 USC 2146.

 (a) Subsection (a) of section 16 of such Act is amended by inserting the term “intermediate handler, carrier,” in the first sentence after the term “exhibitor,” each time the latter term appears in the sentence; by inserting before the period in the second sentence, a comma and the term “or (5) such animal is held by an intermediate handler or a carrier”; and by deleting the term “or” before the term “(4)” in the second sentence. (b) Subsection (c) of section 16 of such Act is amended by striking the words “sections 19(b) and 20(b)” in the last sentence and inserting in lieu thereof the words “section 19(c)”.
Sec. 13.

7 USC 2149.

License suspension and revocation.

7 USC 2142.

 Section 19 of such Act is amended to read as follows: “(a) If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person’s license temporarily,

Notice and hearing.

 but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. “(b)

Civil penalty.

 Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist, from continuing such violation. Each violation and each day during which a violation continues shall lie a separate

Notice and hearing.

 offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the, gravity of the violation, the person’s good faith, and the history of previous violations. Any such civil penalty may be compromised by

Civil action.

 the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such

Penalty.

 action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a90 STAT. 421 civil penalty of $500 for each offense, and each day during which such failure, continues shall be deemed a separate offense. “(c) Any dealer, exhibitor, research facility, intermediate handler,

Review.

7 USC 2142.

 earner, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the. Secretary’s order. “(d) Any dealer, exhibitor, or operator of an auction sale subject

Penalties.

 to section 12 of this Act who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates as provided in section 636 of title 28, United States Code, and sections 3401 and 3402 of title 18, United States Code, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the. United States Department of Agriculture.”.
Sec. 14. Section 20 of such Act is hereby repealed.

Repeal.

7 USC 2150.

7 USC 2154.
Sec. 15. Section 24 of such Act is amended by inserting the following at the end of the section: “Notwithstanding the other provisions of this section, compliance by intermediate handlers, and carriers, and other persons with those provisions of this Act, as amended by the Animal Welfare Act Amendments of 1976, and those regulations promulgated thereunder, which relate to actions of intermediate handlers and carriers, shall commence 90 days after promulgation of regulations under section 13 of this Act, as amended, with respect to intermediate handlers and carriers, and such regulations shall be promulgated no later than 9 months after the enactment of the Animal Welfare Act Amendments of 1976; and compliance by dealers, exhibitors, operators of auction sales, and research facilities with other provisions of this Act, as so amended, and the regulations thereunder, shall commence upon the expiration of 90 days after enactment of the Animal Welfare Act Amendments of 1976: Provided, however, That compliance by all persons with paragraphs (b), (c), and (d) of section 13 and with section 26 of this Act, as so amended, shall commence

Infra.

Effective date.

 upon the expiration of said ninety-day period. In all other respects, said amendments shall become effective upon the date of enactment.”.
Sec. 16. Section 25 of such Act is amended by deleting from subsection

7 USC 2155.

 (2) the word “and” where it last appears, deleting the period at the end of subsection (3) and inserting “; and” in lieu thereof, and by inserting after subsection (3) the following new subsection: “(4) recommendations and conclusions concerning the aircraft environment as it relates to the carriage of live animals in air transportation.”.
Sec. 17. Such Act is amended by adding at the end thereof the following new section:
“Sec. 26. (a) It shall be unlawful for any person to knowingly

Animal fighting venture, prohibition.

7 USC 2156.

 sponsor or exhibit an animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce. “(b) It shall be unlawful for any person to knowingly sell, buy, transport, or deliver to another person or receive from another person for purposes of transportation, m interstate or foreign commerce, any dog or other animal for purposes of having the dog or other animal participate in an animal fighting venture. 90 STAT. 422 “(c) It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any interstate instrumentality for purposes of promoting or in any other manner furthering an animal fighting venture except as performed outside the limits of t he States of the United States. “(d) Notwithstanding the provisions of subsections (a), (b), or (c) of this section, the activities prohibited by such subsections shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof. “(e)

Penalties.

 Any person who violates subsection (a), (b),or (c) shall he fined not more than $5,900 or imprisoned for not more than 1 year, or both, for each such violation. “(f)

Investigations.

 The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations,

Warrant.

 under cooperative agreements with such agencies. A warrant to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this paragraph (f). Necessary cure including veterinary treatment shall be provided while the animals arc so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgment of forfeit tire shall be disposed of by sale for lawful purposes or by other

Costs, recovery.

 humane means, as the court may direct. Costs incurred by the United States for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals if he appears in such forfeiture proceeding or in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business. “(g)

Definitions.

 For purposes of this section— “(1) the term ‘animal fighting venture’ means any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment except that the term ‘animal fighting venture’ shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal or animals, such as water-fowl, bird, raccoon, or fox hunting; “(2) the term ‘interstate or foreign commerce’ means— “(A) any movement between any place in a State to any place in another State or between places in the same State through another State; or “(B) any movement from a foreign country into any State; “(3) the term ‘interstate instrumentality’ means telegraph, telephone, radio, or television operating in interstate or foreign commerce; 90 STAT. 423 “(4) the term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; “(5) the term ‘animal’ means any live bird, or any live dog or other mammal, except man; and “(6) the conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this Act as a dealer, exhibitor, or otherwise. “(h) (1) The provisions of this Act shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this Act or any rule, regulation, or standard hereunder. “(2) Section 3001(a) of title 39, United States Code, is amended by adding immediately after the words ‘title 18’ a comma and the words ‘or section 26 of the Animal Wei fare Act’.”.

Ante, p. 421.

7 USC 2153.

Appropriation authorization.
Sec. 18. Section 23 of such Act is amended by inserting immediately before the period at the end of the third sentence “: Provided, That there is authorized to be appropriated to the Secretary of Agriculture for enforcement by the Department of Agriculture of the provisions of section 26 of this Act an amount not to exceed $100,000 for the transition quarter ending September 30, 1976, and not to exceed $400,000 for each fiscal year thereafter”.
Sec. 19. Section 14 of such Act is amended by inserting in the

7 USC 2144.

 first sentence after the term “standards” the phrase “and other requirements”.
Approved April 22, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–801 accompanying H.R. 5808 (Comm. on Agriculture) and No. 94–976 (Comm. of Conference). SENATE REPORTS: No. 94–580 (Comm. on Commerce) and No. 94–727 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 18, considered and passed Senate.

Vol. 122 (1976); Feb. 9, considered and passed House, amended, in lieu of H.R. 5808.

Apr. 6, House agreed to conference report.

Apr. 7, Senate agreed to conference report.

 Public Law 94–280: To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes. Public Law 280 Public Law 94–280 90 Stat. 425 1976-05-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 425 Public Law 94–280 94th Congress
An Act To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

May 05, 1976

[H.R. 8235]

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

Highway construction and safety.

Appropriation authorization.

Federal-Aid Highway Act of 1976.

23 USC 101 note.

 <num value="I">TITLE I </num> <section> <heading class="smallCaps centered">short title</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This tide may be cited as the “<shortTitle role="title">Federal-Aid Highway Act of 1976</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">revision of authorization for appropriations for the interstate system</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is amended by striking out “<quotedText>the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote> additional sum of $3,250,000,000 for the fiscal year ending June 30, 1978, and the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1979.</quotedText>”, and by inserting in lieu thereof the following: “<quotedText>the additional sum of $3,250,000,000 for the fiscal year ending September 30, 1978, the additional sum of $3,250,000,000 for the fiscal year ending September 30, 1979, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1980, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1981, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1982, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1983, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1984, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1985, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1986, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1987, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1988, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1989, and the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1990.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>At least 30 per centum of the apportionment made to each State for each of the fiscal years ending September 30, 1978, and September 30, 1979, of the sums authorized in subsection (a) of this section shall be expended by such State for projects for the construction of intercity portions (including beltways) which will close essential gaps in the Interstate System and provide a continuous System.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary of Transportation snail report to Congress before<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> October 1, 1976, on those intercity portions of the Interstate System the construction of which would be needed to close essential gaps in the System.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>A State which does not have sufficient projects to meet the 30 per centum requirement of paragraph (1) of this subsection may, upon approval of the Secretary of Transportation, be exempt from the requirements of such paragraph to the extent of such inability.</content> </paragraph> </subsection> <page identifier="/us/stat/90/426">90 STAT. 426</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>No part of the funds authorized by section 108(b) of the Federal-Aid<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote> Highway Act of 1956, as amended, for the Interstate System, shall be obligated for any project for resurfacing, restoring, or rehabilitating any portion of the Interstate System.</content> </subsection> </section> <section> <heading class="smallCaps centered">authorization of use of cost estimates for apportionment of interstate funds</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote> <content class="inline">The Secretary of Transportation shall apportion for the fiscal year eliding September 30, 1978, the sums authorized to be appropriated for such periods by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of Committee Print 94–38 of the Committee on Public Works and Transportation of the House of Representatives.</content> </section> <section> <heading class="smallCaps centered">transition quarter authorization</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>There is hereby authorized to be appropriated, out of the Highway Trust Fund, $1,637,390,000 for the transition quarter ending September 30, 1976, for those projects authorized by title 23 of the United. States Code, the approval of which creates a contractual obligation of the United States for payment out of the Highway Trust Fund of the Federal share of such projects except those authorized by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s142">23 USC 142</ref>.</p></sidenote> section 142 of such title, and those on the Interstate System (other than as permitted in subsection (b)). Such sums shall be apportioned or allocated on the date of enactment of this Act among the States, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>60 per centum according to the formula established under section 104(b)(1) of title 23, United States Code, as such section is in effect on the day preceding the date of enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>40 per centum in the ratio which the population of each State bears to the total population of all the States shown by the latest available Federal census.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Any State which received less than one-half of 1 per centum of the apportionment made under section 104(b)(5) of title 23, United States Code, for the Interstate System for fiscal year 1977 may expend all or any part of its apportionment under this section for projects on the Interstate System in such State.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>There is hereby authorized to lie appropriated out of the Highway Trust Fund, for the transition quarter ending September 30, 1976, $8,250,000 for forest highways, and $4,000,000 for public lands highways. Such sums shall be apportioned or allocated on the date of enactment, of this Act in accordance with section 202 of title 23, United States Code.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>There is authorized to be appropriated, out of the Highway Trust Fund, for the transition quarter ending September 30, 1976, $120,000 to the Virgin Islands, $120,000 to Guam, and $120,000 to American Samoa, for projects and programs under sections 152, 153, and 402 of title 23, United States Code, such sums shall be apportioned on the date of enactment of this Act in accordance with section 402(c) of title 23, United States Code.</content> </subsection> </section> <page identifier="/us/stat/90/427">90 STAT. 427</page> <section> <heading class="smallCaps centered">highway authorizations</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>For the Federal-aid primary system in rural areas, including the extensions of the Federal-aid primary system in urban areas, and the priority primary routes, out of the Highway Trust Fund, $1,350,000,000 for the fiscal year ending September 30, 1977, and $1,350,000,000 for the fiscal year ending September 30, 1978. For the Federal-aid secondary system in rural areas, out of the Highway Trust Fund, $400,000,000 for the fiscal year ending September 30, 1977, and $400,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For the Federal-aid urban system, out of the Highway Trust Fund, $800,000,000 for the fiscal year ending September 30, 1977, and $800,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For forest highways, out of the Highway Trust Fund, $33,000,000 for the fiscal year ending September 30, 1977, and $33,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending September 30, 1977, and $16,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>For forest development roads and trails. $35,000,000 for the three-month period ending September 30, 1976, $140,000,000 for the fiscal year ending September 30, 1977, and $140,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>For public lands development roads and trails, $2,500,000 for the three-month period ending September 30, 1976, $10,000,000 for the fiscal year ending September 30, 1977, and $10,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>For park roads and trails, $7,500,000 for the three-month period ending September 30, 1976, $30,000,000 for the fiscal year ending September 30, 1977, and $30,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>For parkways, $11,250,000 for the three-month period ending September 30, 1976, $45,000,000 for the fiscal year ending September 30, 1977, and $45,000,000 for the fiscal year ending September 30, 1978, except that the entire cost of any parkway project on any Federal-aid system paid under the authorization contained in this paragraph shall be paid from the Highway Trust Fund.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>For Indian reservation roads and bridges, $20,750,000 for the three-month period ending September 30, 1976, $83,000,000 for the fiscal year ending September 30, 1977, and $83,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>For economic growth center development highways under section 143 of title 23, United States Code, out of the Highway Trust Fund, $50,000,000 for the fiscal year ending September 30, 1977, and $50,000,000 for t he fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>For necessary administrative expenses in carrying out section 131 and section 136 of title 23, United States Code, $375,000 for the three-month period ending September 30, 1976. $1,500,000 for the fiscal year ending September 30, 1977, and $1,500,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <chapeau>For carrying out section 215(a) of title 23, United States<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s215">23 USC 215 note</ref>.</p></sidenote> Code—</chapeau> <page identifier="/us/stat/90/428">90 STAT. 428</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>for the Virgin Islands, not to exceed $1,250,000 for the three-month period ending September 30, 1976, not to exceed $5,000,000 for the fiscal year ending September 30, 1977, and not to exceed $5,000,000 for the fiscal year ending September 30, 1978.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>for Guam, not to exceed $1,250,000 for the three-month period ending September 30, 1976, not to exceed $5,000,000 for the fiscal year ending September 30, 1977, and not to exceed $5,000,000 for the fiscal year ending September 30, 1978.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>for American Samoa, not to exceed $250.01)0 for the three-month period ending September 30, 1976, not to exceed $1,000,000 for the fiscal year ending September 30, 1977, and not to exceed $1,000.000 for the fiscal year ending September 30, 1978.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Sums authorized by this paragraph shall be available for obligation at the beginning of the period for which authorized in the same manner and to the same extent as if such sums were apportioned under<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 <i>et seq</i></ref>.</p></sidenote> chapter 1 of title 23, United States Code.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">(13) </num> <content>For authorized landscaping, including, but not limited to, the planting of flowers and shrubs indigenous to the area, and for litter removal an additional $25,000,000 for the fiscal year ending September 30, 1977 and $25.000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="14">(14) </num> <content>For the Great River Road, $2,500,000 for the three-month period ending September 30, 1976, $10,000,000 for the fiscal year ending September 30, 1977, and $10,000,060 for the fiscal year ending September 30, 1978, for construction or reconstruction of roads not on a Federal-aid highway system; and out of the Highway Trust Fund, $6,250,000 for the three-month period ending September 30, 1976, $25,000.000 for the fiscal year ending September 30, 1977, and $25,000,000 for the fiscal year ending September 30, 1978, for construction or reconstruction of roads on a Federal-aid highway system.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>For control of outdoor advertising under section 131 of title 23, United States Code, $25,000,000 for the fiscal year ending September 30, 1977, and $25,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="16">(16) </num> <content>For control of junkyards under section 136 of title 23, United States Code, $15,000.000 for the fiscal year ending September 30, 1977, and $15,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="17">(17) </num> <content>For safer off-system roads under section 219 of title 23, United States Code. $200,000,000 for the fiscal year ending September 30, 1977, and $200,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="18">(18) </num> <content>For access highways under section 155 of title 23, United States Code, $3,750,000 for the three-month period ending September 30, 1976, $15,000,000 for the fiscal year ending September 30, 1977, and $15,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="19">(19) </num> <content>Nothing in the first ten paragraphs or in paragraph (12), (13), (14), (17), or (18) of this section shall be construed to authorize the appropriation of any sums to carry out sections 131, 136, or chapter<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s401">23 USC 401 <i>et seq</i></ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s104">23 USC 104 note</ref>.</p></sidenote> 4 of title 23, United States Code.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>For each of the fiscal ye a re 1978 and 1979 no State, including the State of Alaska, shall receive less than one-half of 1 per centum of the total apportionment for the Interstate System under section 104(b)(5) of title 23, United States Code. Whenever amounts made available under this subsection for the Interstate System in any State exceed the estimated cost of completing that State’s portion of the Interstate System, and exceed the estimated cost-of necessary resurfacing, restoration, and rehabilitation of the Interstate System within such State, the excess amount shall be transferred to and added to the<page identifier="/us/stat/90/429">90 STAT. 429</page> amounts last apportioned to such State under paragraphs (1), (2) and (6) of section 104(b) in the ratio which these respective amounts<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s104">23 USC 104</ref>.</p></sidenote> bear to each other in that State, and shall thereafter be available for expenditure in the same manner and to the same extent as the amounts to which they are added. In order to carry out this subsection, there are authorized to be appropriated, out of the Highway Trust Fund, not to exceed $01,000,000 for the fiscal year ending September 30, 1978, and $125,000,000 for the fiscal year ending September 30, 1979.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In addition to funds otherwise authorized, $65,000,000 for the fiscal year ending September 30, 1977, arid $65,000,000 for the fiscal year ending September 30, 1978, out of the Highway Trust Fund, are hereby authorized for the purpose of completing projects approved under the urban high density traffic program prior to the enactment of this paragraph. Such sums shall be in addition to sums previously authorized.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>In the case of priority primary routes, $50,000,000 of the sum authorized for fiscal year ending September 30, 1977, by the amendment made by subsection (a)(1) of this section, shall not lie apportioned. Such $50,000,000 shall lie available for obligation on July 1, 1976, in the same manner and to the same extent as sums apportioned for fiscal year 1977 except that such $50,000,000 shall be available for obligation at the discretion of the Secretary of Transportation only for projects of unusually high cost which require long periods of time for their construction. Any part, of such $50,000,000 not obligated by such Secretary before October 1, 1977, shall be immediately apportioned in the same manner as funds apportioned on October 1, 1977, for priority primary routes and available for obligation for the same period as such apportionment.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In the case of priority primary routes, $50,000,000 of the sum authorized for the fiscal year ending September 30, 1978, by the amendment made by subsection (a)(1) of this section, shall not be apportioned. Such $50,000,000 of such authorized sum shall be available for obligation on the date of such apportionment, in the same manner and to the same extent as the sums apportioned on such date, except that such $50,000,000 shall be available for obligation at the discretion of the Secretary of Transportation only for projects of unusually high cost which require long periods of time for their construction. Any part of such $50,000,000 not obligated by such Secretary before October 1, 1978, shall be immediately apportioned in the same manner as funds apportioned on October 1, 1978, for such routes, and available for obligation for the same period as such apportionment.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">interstate system resurfacing</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a) </num> <content>In addition to any other funds authorized for the Interstate System, there is authorized to be appropriated out of the Highway Trust Fund not to exceed $175,000,000 for the fiscal year ending September 30, 1978, and $175,000,000 for the fiscal year ending September 30, 1979. Such sums shall be obligated only for projects for resurfacing, restoring, and rehabilitating those lanes on the Interstate System which have been in use for more than five years and which are not on toll roads.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Paragraph (5) of subsection (b) of section 104 of title 23, United States Code, is amended by inserting “<quotedText>(A) Except as provided in subparagraph (B)—</quotedText>” immediately after “<quotedText>(5)</quotedText>” and by adding at the end of such paragraph the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content> <p class="inline">For resurfacing, restoring, and rehabilitating the Interstate System:</p> <page identifier="/us/stat/90/430">90 STAT. 430</page> <p class="firstIndent1 fontsize10">“In the ratio which the lane mites on the Interstate System which have been in use for more than five years (other than those on toll roads) in each State bears to the total of the lane miles on the Inter-State System which have been in use for more than five years (other than those on toll roads) in all States.”.</p> </content> </subparagraph> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">extension of time for completion of system</heading> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The second sentence of the second paragraph of section 101(b) of title 23, United States Code, is amended by striking out “<quotedText>twenty-three years</quotedText>” and inserting in lieu thereof “<quotedText>thirty-four years</quotedText>” and by striking out “<quotedText>June 30, 1979</quotedText>”, and inserting in lieu thereof “<quotedText>September 30, 1990</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The introductory phrase and the second and third sentences of section 104(b)(5) of title 23, United States Code, are amended by striking out “<quotedText>1979</quotedText>” each place it appears and inserting in lieu thereof at each such place “<quotedText>1990</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Congressional approvals.</p></sidenote> <content>The last four sentences of such section 104(b)(5) are amended to read as follows: “Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimate in making the apportionment for the fiscal year ending September 30, 1977. The Secretary shall make the apportionment tor the fiscal year ending September 30, 1978, in accordance, with section 103 of the Federal-Aid<sidenote><p class="firstIndent0 fontsize8">Cost estimates, transmittal to Congress.</p></sidenote> Highway Act of 1976. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same, to the Senate and the House of Representatives within ten days subsequent to January 2, 1977. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1979, and September 30, 1980. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1979. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1981, and September 30, 1982. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1981. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1983, and September 30, 1984. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account, all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1983. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1985, and September 30, 1986. The Secretary shall make, a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner<page identifier="/us/stat/90/431">90 STAT. 431</page> as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1985. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1987, and September 30, 1988. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the I louse of Representatives within ten days subsequent to January 2, 1987, Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1989, and September 30, 1990. Whenever the Secretary, pursuant to this subsection, requests and receives estimates of cost from the State highway departments, he shall furnish copies of such estimates at the same time to the Senate and the House of Representatives.”.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Subsection (a) of section 101 of title 23, United States Code, is amended as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The definition of the term “construction” is amended by inserting immediately after “<quotedText>Commerce)</quotedText>”, the following “<quotedText>resurfacing, restoration, and rehabilitation,</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The definition of the term “urban area” is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “<quotedText>except in the case of cities in the State of Maine and in the State of New Hampshire,</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 101(a) of title 23, United States Code, is amended by adding the following definition after “<quotedText>public lands highways</quotedText>”: <quotedContent> <p class="firstIndent1 fontsize10">“The term ‘public road’ means any road or street under the jurisdiction of and maintained by a public authority and open to public travel.”.</p> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">eligibility for withdrawal</heading> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The second sentence of paragraph (2) of subsection (e) of section 103 of title 23, United States Code, is amended by striking out “<quotedText>prior to the enactment of this paragraph</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 103(e) of title 23, United States Code, is amended by adding the following new paragraph at the end thereof: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Interstate mileage authorized for any State and withdrawn and transferred under the provisions of paragraph (2) of this subsection after the date of enactment of the Federal-Aid Highway Act of 1976, must be constructed by the State receiving such mileage as part of its Interstate System, Any State receiving such transfer of mileage may not, with respect to that transfer, avail itself of the optional use of Interstate funds under the second sentence of paragraph (4) of this subsection.”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">interstate system</heading> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 103(e)(4) of title 23, United States Code, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Upon the joint request of a State Governor and the local governments concerned, the Secretary may withdraw his approval of any route or portion thereof on the Interstate System which is within an urbanized area or which passes through and connects urbanized areas within a State and which was selected and approved in accordance with<page identifier="/us/stat/90/432">90 STAT. 432</page> this title, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by the route or portion thereof. When the Secretary withdraws his approval under this paragraph, a sum equal to the Federal share of the cost to complete the withdrawn route or portion thereof, as that cost is included in the latest Interstate System cost estimate approved by Congress, subject to increase or decrease, as determined by the Secretary based on changes in construction costs of the withdrawn route or portion thereof as of the date of enactment of the Federal-Aid Highway Act of 1976 or the date of approval of each substitute project under this paragraph, whichever is later, and in accordance with (he design of the route or portion thereof that is the basis of the latest cost estimate, shall be available to the Secretary to incur obligations for the Federal share of either public mass transit projects involving the construction of fixed rail facilities or the purchase of passenger equipment including rolling stock, for any mode of mass transit, or both, or projects authorized under any highway assistance program under section 103 of this title; or both, which will serve the urbanized area and the connecting non-urbanized area corridor from which the Interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located. Approval by the Secretary of the plans, specifications, and estimates for a substitute project shall be deemed to be a contractual obligation of the Federal Government. The Federal share of the substitute projects shall be determined in accordance with the provisions of section 120 of this title applicable to the highway program of which the substitute project is a part, except that in the ease of mass transit projects, the Federal share shall be that specified in section 4 of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t49/s1603">49 USC 1603</ref>.</p></sidenote> Urban Mass Transportation Act of 1964, as amended. The sums available for obligation shall remain available until obligated. The sums obligated for mass transit projects shall become part, of, and be administered through, the Urban Mass Transportation Fund. There are authorized to be appropriated for liquidation of the obligations incurred under this paragraph such sums as may be necessary out of the general fund of the Treasury. Unobligated apportionments for the Interstate System in any State where a withdrawal is approved under this paragraph shall, on the date of such approval, be reduced in the proportion that the Federal share of the cost of the withdrawn route or portion thereof bears to the Federal share of the total cost of all Interstate routes in that State as reflected in the latest cost estimate approved by the Congress. In any State where the withdrawal of an Interstate route or portion thereof has been approved under section 103(e)(4) of this title prior to the date of enactment of the Federal-Aid Highway Act of 1976, the unobligated apportionments for the Interstate System in that State on the date of enactment of the Federal-Aid Highway Act of 1976 shall be reduced in the proportion that the Federal share of the cost to complete such route or portion thereof, as shown on the latest cost, estimate approved by Congress prior to such approval of withdrawal, bears to the Federal share of the cost of all Interstate routes in that State, as shown on such cost estimate, except that the amount of such proportional reduction shall be credited with the amount of any reduction in such State’s Interstate apportionment which was attributable to the Federal share of any substitute project approved under this paragraph prior to enactment of such Federal-Aid Highway Act. Funds available for expenditure to carry<page identifier="/us/stat/90/433">90 STAT. 433</page> out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended.<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t49/s1601">49 USC 1601 note</ref>.</p></sidenote> The provisions of this paragraph as amended by the Federal-Aid Highway Act of 1976, shall be effective as of August 13, 1973.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 103(e)(4) of title 23, United States Code, is further amended by adding the following sentence at the end thereof: “In the event a withdrawal of approval is accepted pursuant to this section, the State shall not be required to refund to the Highway Trust Fund any sums previously paid to the State for the withdrawn route or portion of the Interstate System as long as said sums were applied to a transportation project permissible under this title.”.</content> </subsection> </section> <section> <heading class="smallCaps centered">route withdrawals</heading> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The existing fourth sentence of paragraph (2) of subsection (e) of section 103 of title. 23, United States Code, is amended by striking out “<quotedText>increased or decreased,</quotedText>” and all that follows down through and including the period at the end thereof and inserting in lieu thereof the following: “<quotedText>or if the cost of any such withdrawn route was not included in such 1972 Interstate System cost estimate, the cost of such withdrawn route as set forth in the last Interstate System cost estimate lief ore such 1972 cost estimate winch was approved by Congress and which included the cost of such withdrawn route, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof, which, (i) in the case of a withdrawn route the cost of which was not included in the 1972 cost estimate but in an earlier cost estimate, have occurred between such earlier cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, and (ii) in tire case of a withdrawn route the cost of which was included in the 1972 cost estimate, have occurred between the 1972 cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, or the date of withdrawal of approval, whichever date is later, and in each case costs shall be based on that design of such route or portion thereof which is the basis of the applicable cost estimate.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The amendment made by subsection (a) of this section shall be<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s103">23 USC 103 note</ref>.</p></sidenote> applicable to each route on the Interstate System approval of which was withdrawn or is hereafter withdrawn by the Secretary of Transportation in accordance with the provisions of section 103(e)(2) of title 23, United States Code, including any route on the Interstate System approval of which was withdrawn by the Secretary of Transportation in accordance with the provisions of title 23, United States Code, on August 30, 1965, for the purpose of designating an alternative route.</content> </subsection> </section> <section> <heading class="smallCaps centered">apportionments</heading> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 104(b) of title 23, United States Code, is amended by striking “<quotedText>On or before January 1 next preceding the commencement of each fiscal year, except as provided in paragraphs (4) and (5) of this subsection,</quotedText>” and inserting in lieu thereof “<quotedText>On October 1 of each fiscal year except as provided in paragraphs (4) and (5) of this subsection,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 104(b)(1) of title 23, United States Code, is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content> <p class="inline">For the Federal-aid primary system (including extensions in urban areas and priority primary routes)—</p> <page identifier="/us/stat/90/434">90 STAT. 434</page> <p class="firstIndent1 fontsize10">“Two-thirds according to the following formula: one-third in the ratio which the area of each State bears to the total area of all the States, one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census, and one-third in the ratio which the mileage of rural delivery routes and intercity mail routes where service is performed by motor vehicles in each State bear to the total mileage of rural delivery and intercity mail routes where service is performed by motor vehicles, as shown by a certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary; and one-third as follows: in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census. No State (other than the District of Columbia) shall receive less than one-hit If of 1 per centum of each year’s apportionment.”.</p> </content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Repeal.</p></sidenote> <content>Section 104(b)(3) of title 23, United States Code, is repealed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 104(e) of title 23, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>On October 1 of each fiscal year the Secretary shall certify to each of the State highway departments the stuns which he has apportioned hereunder (other than under subsection (b)(5) of this section) to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. On October 1 of the year preceding the fiscal year for which authorized, the Secretary shall certify to each of the State high-way departments the sums which he has apportioned under subsection (b)(5) of this section to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. To permit the States to develop adequate plans for the utilization of apportioned sums, the Secretary shall advise each State of the amount that will be apportioned each year under this section not later than ninety days before the beginning of the fiscal year for which the sums to be apportioned are authorized, except that in the case of the Interstate System the Secretary shall advise each State ninety days prior to the apportionment of such funds.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Section 104(f)(1) of title 23, United States Code, is amended by striking out “<quotedText>On or before January 1 next preceding the commencement</quotedText>” and inserting in lieu thereof “<quotedText>On October 1</quotedText>”. Section 104(f)(1) is further amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “<quotedText>except that in the case of funds authorized for apportionment on the Interstate System, the Secretary shall set aside that portion of such funds (subject to the overall limitation of one-half of 1 per centum) on October 1 of the year next preceding the fiscal year for which such funds are authorized for such System.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Section 104(f)(3) of title 23, United States Code, is amended by striking out the period at the end of the first sentence and inserting in lieu thereof “<quotedText>, except that States receiving the minimum apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the funds apportioned to finance transportation planning outside of urbanized areas.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>Section 104(b)(5) of title 23, United States Code, is amended by striking out “<quotedText>a date as far in advance of the beginning of the fiscal year for which authorized as practicable but in no case more than eighteen months prior to the beginning of the fiscal year for which authorized.</quotedText>” and inserting in lieu thereof the following: “<quotedText>October 1 of the year preceding the fiscal year for which authorized.</quotedText>”.</content> </subsection> <page identifier="/us/stat/90/435">90 STAT. 435</page> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>Notwithstanding any other provision of this Act, including any amendments made by this Act, funds authorized by this Act (other than for the Interstate System) for the transition quarter ending September 30, 1976, and for the fiscal year ending September 30, 1977, shall be apportioned on July 1, 1976, except as otherwise provided in section 104.</content> </subsection> </section> <section> <heading class="smallCaps centered">transferability</heading> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsections (c) and (d) of section 104 of title 23, United States Code, are amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Subject to subsection (d), the amount apportioned in any fiscal year, commencing with the apportionment of funds authorized to be appropriated under subsection (a) of section 102 of the Federal-Aid Highway Act of 1956 (70 Stat. 374), to each State in accordance<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s104">23 USC 104 note</ref>.</p></sidenote> with paragraph (1) or (2) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such a transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Subject to subsection (d), the amount apportioned in any fiscal year to each State in accordance with paragraph (1) or (6) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. Funds apportioned in accordance with paragraph (6) of subsection (b) of this section shall not be transferred from their allocation to any urbanized area of two hundred thousand population or more under section 150 of this title, without the approval<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s150">23 USC 150</ref>.</p></sidenote> of the local officials of such urbanized area.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <chapeau>Each transfer of apportionments under subsection (c) of this section shall be subject to the following conditions:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>In the case of transfers under paragraph (1), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 40 per centum. Not more than 40 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In the case of transfers under paragraph (2), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 20 per centum. Not more than 20 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>No transfer shall be made from an apportionment during any fiscal year if during such fiscal year a transfer has been made to such apportionment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>No transfer shall be made to an apportionment during any fiscal year if during such fiscal year a transfer has been made from such apportionment.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The amendment made by subsection (a) of this section shall<sidenote><p class="firstIndent0 fontsize8">Effective dates.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s104">23 USC 104 note</ref>.</p></sidenote> take effect on July 1, 1976, and shall be applicable with respect to funds authorized for the fiscal year ending September 30, 1977, and for subsequent fiscal years. With respect to the fiscal year 1976 and earlier fiscal years, the provisions of subsections (c) and (cl) of section 104 of title 23. United States Code, as in effect on June 30, 1976, shall remain applicable to funds authorized for such years.</content> </subsection> </section> <page identifier="/us/stat/90/436">90 STAT. 436</page> <section> <heading class="smallCaps centered">construction estimates</heading> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <content class="inline">Section 106(e) of title 23, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Items included in any such estimate for construction engineering shall not exceed 10 per centum of the total estimated cost of a project financed with Federal-aid highway funds, after excluding from such total estimate cost, the estimated costs of rights-of-way, preliminary engineering, and construction engineering. However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">advance acquisition of rights-of-way</heading> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Paragraph (2) of subsection (c) of section 108 of title 23, United States Code, is amended by striking out “<quotedText>made pursuant to section 133 or chapter 5 of this title</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 108(a) of title 23, United States Code, is amended by inserting after “<quotedText>request is made</quotedText>” the words “unless a longer period is determined to be reasonable by the Secretary” in the last sentence.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 108(c)(3) of title 23, United States Code, is amended by inserting “<quotedText>or later</quotedText>” following “earlier” in the first sentence.</content> </subsection> </section> <section> <heading class="smallCaps centered">certification acceptance</heading> <num value="116"><inline class="smallCaps">Sec</inline>. 116. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsection (a) of section 117 of title 23, United States Code, is amended by striking out “<quotedText>establishing requirements at least equivalent to those contained in, or issued pursuant to, this title.</quotedText>” and inserting in lieu thereof “<quotedText>which will accomplish the policies and objectives contained in or issued pursuant to this title.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 117 of title 23 of the United States Code is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>In the case of the Federal-aid secondary system, in lieu of discharging his responsibilities in accordance with subsections (a) through (d) of this section, the Secretary may, upon the request of any State highway department, discharge his responsibility relative to the plans, specifications, estimates, surveys, contract awards, design, inspection, and construction of all projects on the Federal-aid secondary system by his receiving and approving a certified statement by the State highway department setting forth that the plans, design, and construction for each such project are in accord with those standards and procedures which (A) were adopted by such State highway department, (B) were applicable to projects in this category, and (C) were approved by him.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall not approve such standards and procedures unless they are in accordance with the provisions of subsection (b) of section 105, subsection (b) of section 106, and subsection (c)<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s105/106/109">23 USC 105, 106, 109</ref>.</p></sidenote> of section 109, of this title.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Paragraphs (1) and (2) of this subsection shall not be construed to relieve the Secretary of his obligation to make a final inspection of each project after construction and to require an adequate showing of the estimated cost of construction and the actual cost of construction.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">availability</heading> <num value="117"><inline class="smallCaps">Sec</inline>. 117. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsection (b) of section 118 of title 23, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that<page identifier="/us/stat/90/437">90 STAT. 437</page> State for the appropriate Federal-aid system or part thereof (other than the Interstate System) for a period of three years after tire close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse. Sums apportioned to the Interstate System shall continue available for expenditure in that State for the Interstate System for a period of two years after the close of the fiscal year for which such sums are authorized. Any amount apportioned to the States for the Interstate System under subsection (b)(5)(A) of section 104 of this title remaining unexpended at the end of the period during which it<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s104">23 USC 104</ref>.</p></sidenote> is available under this section shall lapse and shall immediately be reapportioned among the other States in accordance with the provisions of subsection (b)(5)(A) of section 104 of this title. Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of tills title remaining unexpended at the end of the period of its availability shall lapse. Sums apportioned to a Federal-aid system for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is obligated. Any Federal-aid highway funds released by the payment of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously apportioned to the State and be immediately available for expenditure.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The first sentence of section 203 of title 23, United States Code, is amended by striking out “<quotedText>or a date not earlier than one year preceding the beginning</quotedText>” and inserting in lieu thereof “<quotedText>or on October 1,</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The second sentence of such section 203 is amended by striking out “<quotedText>two years</quotedText>” and inserting in lieu thereof “<quotedText>three years</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The funds authorized by section 104 of this Act and all funds authorized by titles T and IT of this Act for the transition quarter ending September 30, 1976, shall, for the purposes of the application of sections 118 and 203 of title 23, United States Code, remain available for expenditure for the same period as funds authorized by this Act for the fiscal year ending September 30, 1977.</content> </subsection> </section> <section> <heading class="smallCaps centered">payment to states for construction</heading> <num value="118"><inline class="smallCaps">Sec</inline>. 118. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 121(d) of title 23, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>In making payments pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payments contained in sections 120 and 130 of this title. Payments for construction engineering on any project financed<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s120/130">23 USC 120, 130</ref>.</p></sidenote> with Federal-aid highway funds shall not exceed 10 per centum of the Federal share of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and construction engineering. However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">emergency relief</heading> <num value="119"><inline class="smallCaps">Sec</inline>. 119. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 125(a) of title 23, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>June 30, 1972,</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1972, and ending before June 1, 1976,</quotedText>”;</content> </paragraph> <page identifier="/us/stat/90/438">90 STAT. 438</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>June 30, 1973.</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1973, to carry out the provisions of this section, and not more than $25,000,000 for the three-month period beginning July 1, 1970, and ending September 30, 1976, is authorized to be expended to carry out the provisions of this section, and not more than $100,000,000 is authorized to be expended in any one fiscal .year commencing after September 30, 1976.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding before the last sentence the following new sentence: “For the purposes of this section the period beginning July 1, 1976, and ending September 30, 1976, shall be deemed to be a part of the fiscal year ending September 30, 1977.”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s125">23 USC 125</ref>.</p></sidenote> <content>The second sentence of section 125(h) of such title is amended by striking out the period and inserting in lieu thereof the following: “<quotedText>, except that if the President has declared such emergency to be a major disaster for the purposes of the Disaster “Relief Act of 1974<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s5121">42 USC 5121 note</ref>.</p></sidenote> (Public Law 93–288) concurrence of the Secretary is not required.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">bus widths</heading> <num value="120"><inline class="smallCaps">Sec</inline>. 120. </num> <content class="inline">Section 127 of title 23, United States Code is amended by adding at the end thereof the following new sentence: “Notwithstanding any limitation relating to vehicle widths contained in this section, a State may permit any bus having a width of 102 inches or less to operate on any lane of 12 feet or more in width on the Interstate System.”.</content> </section> <section> <heading class="smallCaps centered">ferry operations</heading> <num value="121"><inline class="smallCaps">Sec</inline>. 121. </num> <content class="inline">The first sentence of paragraph (5) of subsection (g) of section 129 of title 23, United States Code, is amended by inserting after “<quotedText>Hawaii</quotedText>” the following: “<quotedText>and the islands which comprise the Commonwealth of Puerto Rico</quotedText>”. The second sentence of such paragraph (5) is amended by inserting after “<quotedText>Hawaii</quotedText>” the following: “<quotedText>and operations between the islands which comprise the Commonwealth of Puerto Rico</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">control of outdoor advertising</heading> <num value="122"><inline class="smallCaps">Sec</inline>. 122. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsection (f) of section 131 of title 23, United States Code, is amended by inserting the following after the first sentence: “<quotedText>The Secretary may also, in consultation with the States, provide within the rights-of-way of the primary system for areas in which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 131 of title 23, United States Code, is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="o">“(o) </num> <content>The Secretary may approve the request of a State to permit retention in specific areas defined by such State of directional signs, displays, and devices lawfully erected tinder State law in force at the time of their erection which do not conform to the requirements of subsection (c), where such signs, displays, and devices are in existence on the date of enactment of this subsection and where the State demonstrates that such signs, displays, and devices (1) provide directional information about goods and services in the interest of the traveling public, and (2) are such that removal would work a substantial economic hardship in such defined area.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="p">“(p) </num><sidenote><p class="firstIndent0 fontsize8">Compensation.</p></sidenote> <content>In the case of any sign, display, or device required to be removed under this section prior to the date of enactment of the Fed-<page identifier="/us/stat/90/439">90 STAT. 439</page>eral-Aid Highway Act of 1974, which sign, display, or device was<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote> after its removal lawfully relocated and which as a result of the amendments made to this section by such Act is required to be removed, the United States shall pay 100 per centum of the just compensation for such removal (including all relocation costs).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="q">“(q) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>During the implementation of State laws enacted to comply with this section, the Secretary shall encourage and assist the States to develop sign controls and programs which will assure that necessary directional information about facilities providing goods and services in the interest, of the traveling public will continue to be available to motorists. To this end the Secretary shall restudy and revise as appropriate existing standards for directional signs authorized under subsections 131(c)(1) and 131(f) to develop signs which are functional<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s131">23 USC 131</ref>.</p></sidenote> and esthetically compatible with their surroundings. He shall employ the resources of other Federal departments and agencies, including the National Endowment for the Arts, and employ maximum participation of private industry in the development of standards and systems of signs developed for those purposes.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Among other things the Secretary shall encourage States to adopt programs to assure that removal of signs providing necessary directional information, which also were providing directional information on June 1, 1972, about facilities in the interest of the traveling public, be deferred until all other nonconforming signs are removed.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 131(i) of title 23, United States Code, is amended to read as follows: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>In order to provide information in the specific interest of the traveling public, the State highway departments are authorized to maintain maps and to permit information directories and advertising pamphlets to be made available at safety rest areas. Subject to the approval of the Secretary, a State may also establish information centers at safety rest areas and other travel information systems within the rights-of-way for the purpose of informing the public of places of interest within the State and providing such other information as a State may consider desirable. The Federal share of the cost, of establishing such an information center or travel information system shall be that which is provided insertion 120 fora highway project<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s120">23 USC 120</ref>.</p></sidenote> on that Federal-aid system to be served by such center or system.”.</content> </clause> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">traffic operations improvement programs</heading> <num value="123"><inline class="smallCaps">Sec</inline>. 123. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 135 of title 23. United States Code, is amended to rend as follows: <quotedContent> <section> <num value="135">“§ 135. </num> <heading>Traffic operations improvement programs.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>The Congress hereby finds and declares it to be in the national interest that each State shall have a continuing program designed to reduce traffic congestion and facilitate the flow of traffic.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Secretary may approve under this section any project for improvements on any public road which project will directly facilitate and control traffic flow on any of the Federal-aid systems.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The analysis of chapter 1 is amended by striking out: <quotedContent> <toc> <referenceItem role="section"><designator>“135.</designator> <label>Urban area traffic operations improvement programs.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“135.</designator> <label>Traffic operations improvement programs.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <page identifier="/us/stat/90/440">90 STAT. 440</page> <section> <heading class="smallCaps centered">preservation of parklands</heading> <num value="124"><inline class="smallCaps">Sec</inline>. 124. </num> <content class="inline">Section 138 of title 23, United States Code, is amended<sidenote><p class="firstIndent0 fontsize8">Studies.</p></sidenote> by adding a new sentence at the end thereof to read as follows: “In carrying out the national policy declared in this section the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, is authorized to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas.”.</content> </section> <section> <heading class="smallCaps centered">additions to interstate system</heading> <num value="125"><inline class="smallCaps">Sec</inline>. 125. </num> <content class="inline">Section 139(b) of title 23, United States Code, is amended by striking “<quotedText>(d)</quotedText>” the two places it appears and inserting in lieu thereof “<quotedText>(e)</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">equal employment opportunity</heading> <num value="126"><inline class="smallCaps">Sec</inline>. 126. </num> <content class="inline">The second sentence of subsection (b) of section 140, title 23, United States Code, is amended to read as follows: “<quotedText>Whenever apportionments are made under section 104(b) of this title, the Secretary shall deduct such sums as he may deem necessary, not to exceed $2,500.01)0 for the transition quarter ending September 30, 1976, and not to exceed $10,000,000 per fiscal year, for the administration of this subsection.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">public transportation</heading> <num value="127"><inline class="smallCaps">Sec</inline>. 127. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 142(a)(1) of title 23, United States Code, is amended by adding at the end thereof the following new sentence: “If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility (including compensation to any person for operating the facility).”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 142(e)(3) of title 23, United States Code, is amended by striking out “<quotedText>section.</quotedText>” and inserting in lieu thereof “<quotedText>title.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">special urban high density</heading> <num value="128"><inline class="smallCaps">Sec</inline>. 128. </num><sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s146">23 USC 146</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 146 of title 23, United States Code, is repealed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The analysis of chapter 1 of title 23, United States Code, is amended by striking out: <quotedContent> <toc> <referenceItem role="section"><designator>“146.</designator> <label>Special urban high density traffic programs.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“146.</designator> <label>Repealed.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">rural bus demonstration</heading> <num value="129"><inline class="smallCaps">Sec</inline>. 129. </num> <content class="inline">Section 147(a) of the Federal-Aid Highway Act of 1973,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s142">23 USC 142 note</ref>.</p></sidenote> as amended, is amended by adding after the first sentence a new sentence as follows: “<quotedText>Such sums shall remain available for a period of two years after the close of the fiscal year for which such sums are authorized.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">priority primary</heading> <num value="130"><inline class="smallCaps">Sec</inline>. 130. </num> <content class="inline">Section 147 (b) of title 23, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Federal share of any project on a priority primary route<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s120">23 USC 120</ref>.</p></sidenote> shall be that provided in section 120(a) of this title. All provisions of this title applicable to the Federal-aid primary system shall be applicable to the priority primary routes selected under this section.”.</content> </subsection> </quotedContent> </content> </section> <page identifier="/us/stat/90/441">90 STAT. 441</page> <section> <heading class="smallCaps centered">defining state</heading> <num value="131"><inline class="smallCaps">Sec</inline>. 131. </num> <content class="inline">Section 152 and section 153 of title 23, United States Code, are amended by adding at the end of each such section the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>For the purposes of this section the term ‘State’ shall have the meaning given it in section 401 of this title.”. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s401">23 USC 401</ref>.</p></sidenote></content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">highways crossing federal projects</heading> <num value="132"><inline class="smallCaps">Sec</inline>. 132. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Chapter I of title 23, United States Code, is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="156">“§ 156. </num> <heading class="inline">Highways crossing Federal projects</heading><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s156">23 USC 156</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>The Secretary is authorized to construct and to reconstruct any public highway or highway bridge across any Federal public works project, notwithstanding any other provision of law, where there has been a substantial change in the requirements and costs of such highway or bridge since the public works project was authorized, and where such increased costs would work an undue hardship upon any one State. No such highway or bridge shall be constructed or reconstructed under authority of this section until the State shall agree that upon completion of such construction or reconstruction it will accept ownership to such highway or bridge and will thereafter operate and maintain such highway or bridge.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>There is hereby authorized to be appropriated not to exceed $100,000,001) to carry out this section. Amounts authorized by this subsection shall lie available for the fiscal year in which appropriated and for two succeeding fiscal years,”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The analysis of chapter I of title 23 of the United States Code is amended by adding at the end thereof the following: <quotedContent> <toc> <referenceItem role="section"><designator>“156.</designator> <label>Highways crossing Federal projects.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">apportionments or allocations</heading> <num value="133"><inline class="smallCaps">Sec</inline>. 133. </num> <content class="inline">Section 202(a) of title 23, United States Code, is amended by striking “<quotedText>On or before January 1 next preceding the commencement</quotedText>” and inserting in lieu thereof “<quotedText>On October 1</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">bicycle transportation and pedestrian walkways</heading> <num value="134"><inline class="smallCaps">Sec</inline>. 134. </num> <content class="inline">Section 217(e) of title 23, United States Code, is amended by striking out “<quotedText>$40,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$45,000,000</quotedText>”, and by striking out “<quotedText>$2,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$2,500,000</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">safer off-system roads</heading> <num value="135"><inline class="smallCaps">Sec</inline>. 135. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 219 of title 23 of the United States Code, is amended to read as follows: <quotedContent> <section> <num value="219">“§ 219. </num> <heading>Safer off-system roads.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>The Secretary is authorized to make grants to States for projects<sidenote><p class="firstIndent0 fontsize8">Grants.</p></sidenote> for the construction, reconstruction, and improvement of any off-system road, including, but, not limited to, the correction of safety hazards, the replacement of bridges, the elimination of high-hazard locations and roadside obstacles.</content> </subsection> <page identifier="/us/stat/90/442">90 STAT. 442</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau>On October 1 of each fiscal year the Secretary shall apportion the sums authorized to be appropriated to carry out this section among the several States as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>Two-thirds according to the following formula—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>one-third in the ratio which the area of each State bears to the total area of all States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>one-third in the ratio in which the off-system road mileage of each State bears to the total off-system road mileage of all the States. Off-system road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>One-third in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Sums apportioned to a State under this section shall be made available for obligation throughout such State on a fair and equitable basis.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num><sidenote><p class="firstIndent0 fontsize8">Formal agreement with local officials.</p></sidenote> <content>In any State wherein the State is without legal authority to construct or maintain a project under this section, such State shall enter into a formal agreement for such construction or maintenance with the appropriate local officials of the county or municipality in which such project is located.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Sums apportioned under this section and programs and projects under this section shall be subject to all of the provisions of chapter 1 of this title applicable to highways on the Federal-aid secondary system except the form id a for apportionment, the requirement that these roads be on the Federal-aid system, and those other provisions determined by the Secretary to be inconsistent with this section. The Secretary is not authorized to determine as inconsistent with this section any provision relating to the obligation and availability of funds.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num><sidenote><p class="firstIndent0 fontsize8">“Off-system road.”</p></sidenote> <content>As used in this section, the terms ‘off-system road’ means any toll-free road (including bridges), which road is not on any Federal-aid system and which is under the jurisdiction of and maintained by a public authority and open to public travel.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The analysis of chapter 1 of title 23 of the United States Code is amended by striking out <quotedContent> <toc> <referenceItem role="section"><designator>“219.</designator> <label>Off-system roads.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof the following:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“219.</designator> <label>Safer off-system roads.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s405">23 USC 405</ref>.</p></sidenote> <content>Section 405 of title 23 of the United States Code is hereby repealed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The analysis of chapter 4 of title 23 of the United States Code is amended by striking out <quotedContent> <toc> <referenceItem role="section"><designator>“405.</designator> <label>Federal-aid safer roads demonstration program.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof the following:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“405.</designator> <label>Repealed.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">landscaping and scenic enhancement</heading> <num value="136"><inline class="smallCaps">Sec</inline>. 136. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 319 of title 23, United States Code, is amended to read as follows: <page identifier="/us/stat/90/443">90 STAT. 443</page> <quotedContent> <section> <num value="319">“§ 319. </num> <heading>Landscaping and scenic enhancement.</heading><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s319">23 USC 319</ref>.</p></sidenote> <content>“The Secretary may approve as a part of the construction of Federal-aid highways the costs of landscape and roadside development, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities reasonably necessary to accommodate the traveling public, and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>All sums authorized to be appropriated to carry out section<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s319">23 USC 319 note</ref>.</p></sidenote> 319(b) of title 23, United States Code, as in effect immediately before the date of enactment of this section shall continue to be available for appropriation, obligation, and expenditure in accordance with such section 319(b), not withstanding the amendment made by the subsection (a) of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">bridges on federal dams</heading> <num value="137"><inline class="smallCaps">Sec</inline>. 137. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 320(d) of title 23, United States Code, is amended by striking out “<quotedText>$27,761,000</quotedText>” and inserting in lieu thereof “<quotedText>$50,000,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Sums appropriated or expended under authority of the increased<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s320">23 USC 320 note</ref>.</p></sidenote> authorization established by the amendment made by subsection (a) of this section shall be appropriated out of the Highway Trust Fund for the fiscal year ending September 30, 1977, and for subsequent fiscal years.</content> </subsection> </section> <section> <heading class="smallCaps centered">overseas highway</heading> <num value="138"><inline class="smallCaps">Sec</inline>. 138. </num> <chapeau class="inline">Subsection (b) of section 118 of the Federal-Aid High-way Amendments of 1974 (Public Law 93–643) is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/88/2288">88 Stat. 2288</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>1975, and</quotedText>” and inserting in lieu thereof “<quotedText>1975,</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>can be obligated.</quotedText>” and inserting in lieu thereof “<quotedText>$8,750,000 for the three-month period ending September 30, 1976, $35,000,000 for the fiscal year ending September 30, 1977, and $35,000,000 for the fiscal year ending September 30, 1978, can be obligated.</quotedText>”.</content> </paragraph> </section> <section> <heading class="smallCaps centered">technical amendments</heading> <num value="139"><inline class="smallCaps">Sec</inline>. 139. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The analysis of chapter I of title 23, United States Code, is amended by striking out <quotedContent> <toc> <referenceItem role="section"><designator>“111.</designator> <label>Use of and access to rights-of-way—Interstate System.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof the following:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“111.</designator> <label>Agreements relating to use of and access to rights-of-way—Interstate System.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The analysis of chapter I of title 23, United States Code, is amended by striking out <quotedContent> <toc> <referenceItem role="section"><designator>“119.</designator> <label>Administration of Federal-aid for highways in Alaska.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof the following:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“119.</designator> <label>Repealed.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The analysis of chapter I of title 23, United States Code, is amended by striking out <page identifier="/us/stat/90/444">90 STAT. 444</page> <quotedContent> <toc> <referenceItem role="section"><designator>“133.</designator> <label>Relocation assistance.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof the following:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“133.</designator> <label>Repealed.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">demonstration projects—railroad highway crossings</heading> <num value="140"><inline class="smallCaps">Sec</inline>. 140. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 163 of the Federal-Aid Highway Act of 1973<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s130">23 USC 130 note</ref>.</p></sidenote> (Public Law 93–87) is amended by inserting immediately after subsection (h) the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num><sidenote><p class="firstIndent0 fontsize8">Metairie, La.</p></sidenote> <content>The Secretary of Transportation shall carry out a demonstration project in Metairie, Jefferson Parish, Louisiana, for the relocation or grade separation of rail lines whichever he deems most feasible in order to eliminate certain grade level railroad highway crossings.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num><sidenote><p class="firstIndent0 fontsize8">Augusta. Ga.</p></sidenote> <content>The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Augusta, Georgia, for the relocation of railroad lines and for the purpose of eliminating highway railroad grade crossings.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="k">“(k) </num><sidenote><p class="firstIndent0 fontsize8">Pine Bluff, Ark.</p></sidenote> <content>The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Pine Bluff, Arkansas, for the relocation of railroad lines for the purpose of eliminating highway railroad grade crossings.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="l">“(l) </num><sidenote><p class="firstIndent0 fontsize8">Sherman, Tex.</p></sidenote> <content>The Secretary of Transportation shall carry out a demonstration project in Sherman, Texas, for the relocation of rail lines in order to eliminate the ground level railroad crossing at the crossing of the Southern Pacific and Frisco Railroads with Grand A venue-Roberts Road.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Existing subsections (i), (j), (k), and (1) of section 163 of the Federal-Aid Highway Act of 1973 are relettered as (m), (n), (o), and (p), respectively including any references to such subsections.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Federal share limitation.</p></sidenote> <content>Subsection (m) (as relettered by subsection (b) of this section) of section 163 of the Federal-Aid Highway Act of 1973 is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “<quotedText>except that in the case of projects authorized by subsections (i), (j), (k), and (1), the Federal share payable on account of such projects shall not exceed 70 per centum and the remaining costs of such projects shall be paid by the State or local governments.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Subsection (o) (as relettered by subsection (b) of this section) of section 163 of the Federal-Aid Highway Act of 1973 is amended by striking out “<quotedText>1976, except that</quotedText>” and inserting in lien thereof the following: “<quotedText>1976, $6,250,000, for the period beginning July 1, 1976, and ending September 30, 1976, $26,400,000 for the fiscal year ending September 30, 1977, and $51,400,000 for the fiscal year ending September 30, 1978, except that not more than</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Paragraph (2) of subsection (a) of section 163 of the Federal-Aid Highway Act of 1973 is amended by striking out “<quotedText>an engineering and feasibility study for</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote> <content>Section 302 of the National Mass Transportation Assistance Act of 1974 (Public Law 93–503) is amended by striking out “<quotedText>$14,000,000, except that</quotedText>” and inserting in lieu thereof “<quotedText>$14,000,000, except that, not more than</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">acceleration of projects</heading> <num value="141"><inline class="smallCaps">Sec</inline>. 141. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s124">23 USC 124 note</ref>.</p></sidenote> <content class="inline">The Secretary of Transportation shall carry out a project to demonstrate the feasibility of reducing the time required from the<page identifier="/us/stat/90/445">90 STAT. 445</page> time of request for project approval through the completion of construction of highway projects in areas that, as a result of recent or imminent change, including but not limited to change in population or traffic flow resulting from the construction of Federal projects, show a need to construct such projects to relieve such areas from the impact of such change. There is authorized to be appropriated out of the Highway Trust Fund to carry out such project not to exceed $25,000,000.</content> </section> <section> <heading class="smallCaps centered">multimodal concept</heading> <num value="142"><inline class="smallCaps">Sec</inline>. 142. </num> <content class="inline">Section 143 of the Federal-Aid Highway Act of 1973 is<sidenote><ref href="/us/stat/87/272">87 Stat 272</ref>.</sidenote> amended by inserting “<quotedText>(a)</quotedText>” immediately following “<quotedText><inline class="smallCaps">Sec</inline>. 143.</quotedText>” and by adding the following new subsection at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Secretary of Transportation is authorized and directed to<sidenote><p class="indent0 firstIndent0 fontsize8">Study.</p></sidenote> study the feasibility of developing a multimodal concept along the route described in paragraph (1) of subsection (a) of this section, which study shall include an analysis of the environmental impact of such multimodal concept. The Secretary shall report to Congress the<sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote> results of such a study not later than July 1, 1977.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">carpool demonstration projects</heading> <num value="143"><inline class="smallCaps">Sec</inline>. 143. </num> <chapeau class="inline">Section 3 of the Emergency Highway Energy Conservation Act, as amended (87 Stat. 1047, 88 Stat. 2289), is amended as<sidenote><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</sidenote> follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subsection (a) is amended by adding at the end thereof the<sidenote><p class="indent0 firstIndent0 fontsize8">Vanpool.</p></sidenote> following: “<quotedText>For the purposes of this section, the term ‘carpool’ includes a vanpool.</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (c) is amended by inserting after “<quotedText>such measures as</quotedText>” the words “providing carpooling opportunities to the elderly and the handicapped,” and by inserting after “<quotedText>opportunities,</quotedText>” the words “acquiring vehicles appropriate for carpool use,”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Subsection (d) is amended by striking out “<quotedText>(3) and (6)</quotedText>” from the first sentence, and inserting in lieu thereof “<quotedText>(1) and (6)</quotedText>” and by striking out the second sentence.</content> </paragraph> </section> <section> <heading class="smallCaps centered">use of toll receipts for highway and rail crossings</heading> <num value="144"><inline class="smallCaps">Sec</inline>. 144. </num> <chapeau class="inline">Section 2 of the Act entitled “An Act granting the consent of Congress to the State of California to construct, maintain, and operate a bridge across the Bay of San Francisco from the Rincon Hill district in San Francisco by way of Goat Island to Oakland”, approved February 20, 1931, is amended as follows: <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/46/s1193">46 Stat. 1193</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subsection (a) is amended by striking out “<quotedText>heretofore enacted.</quotedText>” and inserting in lieu thereof a period.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The first sentence in subsection (b) is amended by striking out “<quotedText>of not to exceed two additional highway crossings and one rail transit crossing across the Bay of San Francisco and their approaches.</quotedText>” and inserting in lieu thereof “<quotedText>(1) not to exceed two additional highway crossings and one rail transit crossing across the Bay of San Francisco and their approaches, and (2) any public transportation system in the vicinity of any toll bridge in the San Francisco Bay Area. Such tolls may also be used to pay the cost of constructing new approaches to the Richmond-San Rafael Bridge in the San Francisco Bay Area,</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The, existing third sentence in subsection (b) which begins<sidenote><p class="firstIndent0 fontsize8">Repeal.</p></sidenote> “After” is repealed.</content> </paragraph> </section> <page identifier="/us/stat/90/446">90 STAT. 446</page> <section> <heading class="smallCaps centered">extension of repayment</heading> <num value="145"><inline class="smallCaps">Sec</inline>. 145. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s120">23 USC 120 note</ref>.</p></sidenote> <content class="inline">The first sentence of section 2 of Public Law 94–30 is amended by striking out “<quotedText>before January 1, 1977.</quotedText>” and inserting in lieu thereof “<quotedText>January 1, 1979, at a rate of 20 per centum by January 1, 1977, 30 per centum by January 1, 1978, and 50 per centum by January 1, 1979. If a State fails to make any repayment in accordance with the preceding sentence, the entire unpaid balance shall immediately become due and payable.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">traffic control signalization demonstration projects</heading> <num value="146"><inline class="smallCaps">Sec</inline>. 146. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s135">23 USC 135 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Transportation is authorized to carry out trade control signalization demonstration projects designed to demonstrate through the use of technology not now in general use the increased capacity of existing highways, the conservation of fuel, the decrease in traffic congestion, the improvement in air and noise quality, and the furtherance of highway safety, giving priority to those projects providing coordinated signalization of two or more intersections. Such projects can be carried out on any highway whether on or off a Federal-aid system.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>There is authorized to be appropriated to carry out this section of the Highway Trust Fund, not to exceed $40,000,000 for the fiscal year ending September 30, 1977, and $40,000,000 for the fiscal year ending September 30, 1978.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Report.</p></sidenote> <content>Each participating State shall report to the Secretary of Transportation not later than September 30, 1977, and not later than September 30 of each year thereafter, on the progress Ling made in implementing this section and the effectiveness of the improvements made under it. Each report shall include an analysis and evaluation of the benefits resulting from such projects comparing an adequate time period before and after treatment in order to properly assess the<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> benefits occurring from such traffic control signalization. The Secretary of Transportation shall submit a report to the Congress not later than January 1, 1978, on the progress being made in implementing this section and an evaluation of the benefits resulting therefrom.</content> </subsection> </section> <section> <heading class="smallCaps centered">access ramps to public boat launching areas</heading> <num value="147"><inline class="smallCaps">Sec</inline>. 147. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s104">23 USC 104 note</ref>.</p></sidenote> <content class="inline">Funds apportioned to States under subsections (b)(1), (b)(2), and (b)(6) of section 104 of title 23, United States Code, may be used upon the application of the State, and the approval of the Secretary of Transportation for construction of access ramps from bridges under construction or which are being reconstructed, replaced, repaired, or otherwise altered on the Federal-aid primary, secondary, or urban system to public boat launching areas adjacent to such bridges. Approval of the Secretary shall be in accordance with guidelines developed jointly by the Secretary of Transportation and the Secretary of the Interior.</content> </section> <section> <heading class="smallCaps centered">demonstration project</heading> <num value="148"><inline class="smallCaps">Sec</inline>. 148. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605</ref>.</p></sidenote> <content class="inline">The Secretary of Transportation, acting pursuant to his authority under section 6 of the Urban Mass Transportation Act of 1964, shall conduct a demonstration project in urban mass transportation for design, improvement, modification, and urban deployment of the Automated Guide way Transit system now in operation at the<page identifier="/us/stat/90/447">90 STAT. 447</page> Dallas/Fort Worth Regional Airport. There is authorized to be appropriated to carry out this section $7,000,000 for the fiscal year ending September 30, 1977.</content> </section> <section> <heading class="smallCaps centered">urban system study</heading> <num value="149"><inline class="smallCaps">Sec</inline>. 149. </num> <chapeau class="inline">The Secretary of Transportation is authorized and<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s134">23 USC 134 note</ref>.</p></sidenote> directed to conduct a study of the various factors involved in the planning, selection, programing, and implementation of Federal-aid urban system routes which shall include but not be limited to the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>An analysis of the various types of organizations now in being which carry out the planning process required by section 134 of title 23, United States Code. Such analysis shall include but not be limited to the degree of representation of various governmental units within the urbanized area, the organizational structure, size and calibre of staff, authority provided to the organization under State and local law, and relation to State governmental entities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The status of jurisdiction over roads on the Federal-aid urban system (State, county, city, or other local body having control).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Programing responsibilities under local and State laws with respect to the Federal-aid urban system.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The authority for and capability of local units of government to carry out the necessary steps to process a highway project through and including the plan, specification, and estimate requirement of section 106 of title 23, United States Code, and final construction.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Such study shall be carried out in cooperation with State, county, city, and other local organizations which the Secretary deems appropriate. The study shall be submitted to the Congress within six months of<sidenote><p class="firstIndent0 fontsize8">Submittal to Congress.</p></sidenote> enactment of tins section.</continuation> </section> <section> <heading class="smallCaps centered">interstate funding study</heading> <num value="150"><inline class="smallCaps">Sec</inline>. 150. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Transportation is hereby directed to<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote> undertake a complete study of the financing of completion of the Interstate Highway System. Such study should identify and analyze optional financing methods including State bonding authority under which the Secretary contracts to reimburse the States for up to 90 per centum of the principal and interest on such bonds. The Secretary<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> shall report to the Congress not later than nine months after the date of enactment of this Act the results of the study.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Within one year of the elate of enactment of this Act, the Secretary<sidenote><p class="firstIndent0 fontsize8">Recommendations, submittal to Congress.</p></sidenote> shall submit to the Congress his recommendations regarding the need to provide Federal financial assistance for resurfacing, restoration, and rehabilitation of routes on the Interstate System. In arriving at his recommendations, he shall conduct a full and complete study in cooperation and in consultation with the States of alternative means of assuring that the high level of transportation service provided by the Interstate System is maintained. The results of the study shall accompany the Secretary’s recommendations. The study shall include an estimate of the cost of implementing any recommended programs as well as an analysis of alternative methods of apportioning such Federal assistance among the States.</content> </subsection> </section> <page identifier="/us/stat/90/448">90 STAT. 448</page> <section> <heading class="smallCaps centered">alaskan roads study</heading> <num value="151"><inline class="smallCaps">Sec</inline>. 151. </num><sidenote><p class="firstIndent0 fontsize8">Investigation.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s218">23 USC 218 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Transportation is authorized to undertake an investigation and study to determine the cost of, and the responsibility for, repairing the damage to Alaska highways that has been or will be caused by heavy truck traffic during construction of the trans-Alaska, pipeline and to restore them to proper standards<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> when construction is complete. The Secretary of Transportation shall report his initial findings to the Congress on or before September 30, 1976, and his final conclusions on rebuilding costs no later than three months after completion of pipeline construction.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>There is hereby authorized to he appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, the sum of $200,000 for the purpose of making the study authorized by subsection (a) of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">glenwood canyon highway construction</heading> <num value="152"><inline class="smallCaps">Sec</inline>. 152. </num> <content class="inline">Notwithstanding section 109(b) of title 23 of the United States Code, the Secretary of Transportation is authorized, upon application of the Governor of the State, to approve construction of that section or portions thereof of Interstate Route 70 from a point three miles east of Dotsero, Colorado, westerly to No-Name Interchange, approximately 2.3 miles east of Glenwood Springs, Colorado, approximately 17.5 miles in length, to provide, for variations from the number of lanes mid other requirements of said section 109(b) in accordance with geometric and construction standards whether or not in conformance with said section 109(b) which the Secretary determines are necessary for the safety of the traveling public, for the protection of the environment, and for preservation of the scenic and historic values of the Glenwood Canyon. The Secretary shall not approve any project for construction under this section unless he shall first have determined that such variations will not result in creation of safety hazards and that there is no reasonable alternative to such project.</content> </section> <section> <heading class="smallCaps centered">study of highway needs to solve energy problems</heading> <num value="153"><inline class="smallCaps">Sec</inline>. 153. </num><sidenote><p class="firstIndent0 fontsize8">Investigation.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Transportation shall make an investigation and study for the purpose of determining the need for special Federal assistance in the construction or reconstruction of highways on the Federal-aid system necessary for the transportation of coal or other uses in order to promote the solution of the Nation’s energy problems. Such study shall include appropriate consultations with the Secretary of the Ulterior, the Administrator of the Federal Energy Administration, and other appropriate Federal and State officials.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> <content>The Secretary shall report the results of such investigation and study together with his recommendations, to the Congress not later than one year after the date of enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In order to carry out the study, the Secretary is authorized to use such funds as are available to him for such purposes under section 104 (a) of title 23, United States Code.</content> </subsection> </section> <section> <heading class="smallCaps centered">establishment of commission</heading><sidenote><p class="firstIndent0 fontsize8">National Transportation Policy Study Commission.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote> <num value="154"><inline class="smallCaps">Sec</inline>. 154. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="154">(1) </num> <content>There is hereby established a Commission to be known as the National Transportation Policy Study Commission, hereinafter referred to as the “Commission”.</content> </paragraph> <page identifier="/us/stat/90/449">90 STAT. 449</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Commission shall make a full and complete investigation<sidenote><p class="firstIndent0 fontsize8">lnvestigation and study.</p></sidenote> and study of the transportation needs and of the resources, requirements, and policies of the United States to meet such expected needs. It shall take into consideration all reports on National Transportation Policy which have been submitted to the Congress including but not limited to the National Transportation Reports of 1972 and 1974. It shall evaluate the relative merits of all modes of transportation in meeting our transportation needs. Based on such study, it shall recommend those policies which are most likely to insure that adequate transportation systems are in place which will meet, the needs for safe and efficient movement of goods and people.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Such Commission shall be comprised of 19 members as follows: <sidenote><p class="firstIndent0 fontsize8">Membership.</p></sidenote></chapeau> <level class="indent1 fontsize10"> <num value="A">(A) </num> <content>Six members appointed by the President of the Senate from the membership of the Committee on Public Works, Committee on Commerce, and Committee on Banking, Housing and Urban Affairs of the United States Senate;</content> </level> <level class="indent1 fontsize10"> <num value="B">(B) </num> <content>five members appointed by the Speaker of the House of Representatives from the membership of the Committee on Public Works and Transportation and one member appointed by the Speaker from the membership of the Committee on Interstate and Foreign Commerce; and</content> </level> <level class="indent1 fontsize10"> <num value="C">(C) </num> <content>seven members of the public appointed by the President.</content> </level> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The Commission shall not later than December 31, 1978 submit<sidenote><p class="firstIndent0 fontsize8">Report to President and Congress.</p><p class="firstIndent0 fontsize8">Termination.</p></sidenote> to the President and the Congress its final report including its findings and recommendations. The Commission shall cease to exist six months after submission of such report. All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the Archives of the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>Such report shall include the Commission’s findings and recommendations with respect to—</chapeau> <level class="indent1 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the Nation’s transportation needs, both national and regional, through the year 2000;</content> </level> <level class="indent1 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the ability of our current transportation systems to meet the projected needs;</content> </level> <level class="indent1 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the proper mix of highway, rail, waterway, pipeline, and air transportation systems to meet anticipated needs;</content> </level> <level class="indent1 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the energy requirements and availability of energy to meet anticipated needs;</content> </level> <level class="indent1 firstIndent1 fontsize10"> <num value="E">(E) </num> <content>the existing policies and programs of the Federal government which affect the development of our national transportation systems; and</content> </level> <level class="indent1 firstIndent1 fontsize10"> <num value="F">(F) </num> <content>the new policies required to develop balanced national transportation systems which meet projected need.</content> </level> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Chairman of the Commission, who shall be elected by<sidenote><p class="firstIndent0 fontsize8">Chairman.</p></sidenote> the Commission from among its members, shall request the head of each Federal department or agency which has an interest in or a responsibility with respect to a national transportation policy to appoint, and the head of such department or agency shall appoint, a liaison officer who shall work closely with the Commission and its staff in matters pertaining to this section. Such departments and agencies shall include, but not lie limited to, the Department of Transportation, the Federal Highway Administration, the Federal Railroad Administration, the Urban Mass Transportation Administration, the Federal Aviation Administration, the Interstate Commerce Commission, the Civil Aeronautics Board, and the U.S. Army Corps of Engineers.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In carrying out its duties the Commission shall seek the advice of various groups interested in national transportation policy includ-<page identifier="/us/stat/90/450">90 STAT. 450</page>ing, but not limited to. State and local governments, public and private organizations working in the fields of transportation and safety, industry, education, and labor.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num><sidenote><p class="firstIndent0 fontsize8">Hearings.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission or, on authorization of the Commission, any Committee of two or more members may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places as the Commission or such authorized committee, may deem advisable.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Information acquisition.</p></sidenote> <content>The Commission is authorized to secure from any department, agency, or individual instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this section and each department, agency, and instrumentality is authorized and directed to furnish such information to the Commission upon request made by the Chairman.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; hut they shall be reimbursed for travel, per diem in accordance with the Rules of the House of Representatives or subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Compensation.</p></sidenote> <content>Members of the Commission, except Members of Congress shall each receive compensation at a rate not in excess of the maximum rate of pay for GS–18, us provided in the General Schedule under section<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> 5332 of title 5, United States Code, and shall be entitled to reimbursement for travel expenses, per diem in accordance with the Rules of the House of Representatives or subsistence and other necessary expenses incurred by them in performance of duties while serving as a Commission member.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission is authorized to appoint and fix the compensation of a staff director, and such additional personnel as may be necessary to enable it to carry out its functions. The Director and personnel may be appointed without regard to the provisions of title 5. United States Code, covering appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5101/5331">5 USC 5101 <i>et seq</i>., 5331</ref>.</p></sidenote> subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Any Federal employees subject to the civil service laws and regulations who may be employed by the Commission shall retain civil service status without interruption or loss of status or privilege. In no event shall any employee other than the staff director receive as compensation an amount in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of title 5. United States Code. In addition, the Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5, United States Code.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The staff director shall be compensated at a Level 2 of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5313">5 USC 5313</ref>.</p></sidenote> Executive Schedule in subchapter II of chapter 53 of title 5, United States Code.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num><sidenote><p class="firstIndent0 fontsize8">Contract authority.</p></sidenote> <content>The Commission is authorized to enter into contracts or agreements for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to this section to carry out such of its duties as the Commission determines can best be carried out in that manner.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <content>Any vacancy which may occur on the Commission shall not affect its powers or functions but shall be filled in the same manner in which the original appointment was made.</content> </subsection> <page identifier="/us/stat/90/451">90 STAT. 451</page> <subsection class="indent0 fontsize10"> <num value="k">(k) </num> <content>There are hereby authorized to be appropriated not to exceed $15,000,000 to carry out this section. Funds appropriated under this section shall be available to the Commission until expended.</content> </subsection> </section> <section> <heading class="smallCaps centered">limitations</heading> <num value="155"><inline class="smallCaps">Sec</inline>. 155. </num> <content class="inline">To the extent that any section of this Act provides new or increased authority to enter into contracts under which outlays will be made from funds other than the Highway Trust Fund, such new or increased authority shall be effective for any fiscal year only in such amounts as are provided in appropriations Acts.</content> </section> <num value="II">TITLE II </num><sidenote><p class="firstIndent0 fontsize8">Highway Safety Act of 1976.</p></sidenote> <section> <heading class="smallCaps centered">short title</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Highway Safety Act of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s401">23 USC 401 note</ref>.</p></sidenote> 1976</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">highway safety</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <chapeau class="inline">The following sums are hereby authorized to be appropriated:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>For carrying out section 402 of title 23, United States Code (relating to highway safety programs), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $122,000,006 for the fiscal year ending September 30, 1977, and $137,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For carrying out section 403 of title 23, United States Code (relating to highway safety research and development), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $10,000,600 for the three-month period ending September 30, 1976, $40,060,000 for the fiscal year ending September 30, 1977, and $50,000,600 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For carrying out section 402 of title 23, United States Code (relating to highway safety programs), by the Federal Highway Administration, out of the Highway Trust Fund, $25,000,000 for the fiscal year ending September 30, 1977, and $25,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>For carrying out sections 307(a) and 403 of title 23, United States Code (relating to highway safety research and development), by the Federal Highway Administration, out of the Highway Trust Fund, $2,500,000 for the three-month period ending September 30, 1976. $10,000,066 for the fiscal year ending September 30, 1977, and $10,060,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>For bridge reconstruction and replacement under section 144 of title 23, United States Code, out of the Highway Trust Fund, $180,000,006 for the fiscal year ending September 30, 1977, and $180,606,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>For carrying out section 151 of title 23, United States Code (relating to pavement marking), out of the Highway Trust Fund, $50,000,600 for the fiscal year ending September 30, 1977, and $50,000,600 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>For projects for high-hazard locations under section 152 of title 23. United States Code, and for the elimination of roadside obstacles under section 153 of title 23, United States Code, out of the Highway Trust Fund. $125,000,000 for the fiscal year ending September 30, 1977, and $125,000,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <page identifier="/us/stat/90/452">90 STAT. 452</page> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>For carrying out subsection (j)(2) of section 402 of title 23, United States Code (relating to incentives for the reduction of the rate of traffic fatalities), out of the Highway Trust Fund, $1,875,000 for the three-month period ending September 30, 1976, $7,500,000 for the fiscal year ending September 30, 1977, and $7,500,000 for the fiscal year ending September 30, 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>For earning out subsection (j)(3) of section 402 of title 23, United States Code (relating for incentives for reduction of actual traffic fatalities), out of the Highway Trust Fund, $1,875,000 for the three-month period ending September 30, 1976, $7,500,000 for the fiscal year ending September 30, 1977, and $7,500,000 for the fiscal year ending September 30, 1978.</content> </paragraph> </section> <section> <heading class="smallCaps centered">rail-highway crossings</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsections (b) and (c) of section 203 of the Highway<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s130">23 USC 130 note</ref>.</p></sidenote> Safety Act of 1973 (Public Law 93–87) are hereby amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>In addition to funds which may be otherwise available to carry out section 130 of title 23, United States Code, there is authorized to be appropriated out of the Highway Trust Fund for projects for the elimination of hazards of railway-highway crossings, $25,000,000 for the fiscal year ending June 30, 1974. $75,000,000 for the fiscal year ending June 30, 1975, $75,000,000 for the fiscal year ending June 30, 1976, $125,000,000 for the fiscal year ending September 30, 1977, and $125,000,000 for the fiscal year ending September 30, 1978. At least half of the funds authorized and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated by this subsection shall be available for obligation in the same manner as funds apportioned under chapter 1 of title 23. United States Code.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Funds authorized by this subsection shall be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>There is authorized to be appropriated for projects for the elimination of hazards of railway-highway crossings on roads other than those on any Federal-aid system $18,750,000 for the three-month period ending September 30, 1976, $75,000,000 for the fiscal year ending September 30, 1977, and $75,000,000 for the fiscal year ending September 30, 1978. Sums apportioned under this section for projects under this subsection shall be subject to all of the provisions of chapter 1 of title 23, United States Code, applicable to highways on the Federal-aid system, except, the formula for apportionment, the requirement that these roads be on the Federal-aid system, and those other provisions determined by the Secretary to be inconsistent with this section.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (d) of section 203 of the Highway Safety Act of 1973 is amended by adding immediately before the first sentence thereof the following new sentence: “<quotedText>50 per centum of the funds made available in accordance with subsection (b) shall be apportioned to the States in the same manner as sums authorized to be appropriated under subsection (a)(1) of section 104 of the Federal-aid Highway Act of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/87/251">87 Stat. 251</ref>.</p></sidenote> 1973 and 50 per centum of the funds made available in accordance with subsection (h) shall be apportioned to the States hi the same manner as sums authorized to be appropriated under subsection (a)(2) of section 104 of the Federal-aid Highway Act of 1973.</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/90/453">90 STAT. 453</page> <section> <heading class="smallCaps centered">incentive safety grants</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Subsection (j)(3) of section 402 of title 23, United States Code, is hereby amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In addition to other grants authorized by this section, the Secretary may make additional incentive grants to those States which have significantly reduced the actual number of traffic fatalities during the calendar year immediately preceding the fiscal year for which such incentive funds are authorized compared to the average of the actual number of traffic fatalities for the four calendar year period preceding such calendar year. Such incentive grants shall be made in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall Ire in addition to other funds authorized by this section.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>No State shall receive from funds authorized for any fiscal year or period by this subsection incentive grants under paragraph (1) of this subsection which exceed an amount equal to 25 per centum of the amount apportioned to such State under this section for such fiscal year or period. No State shall receive from funds authorized for any fiscal year or period by this subsection incentive awards under paragraph (2) of this subsection which exceed an amount equal to 25 per centum of the amount apportioned to such State under this section for such fiscal year or period. No State shall receive from funds authorized for any fiscal year or period by this subsection incentive awards under paragraph (3) of this subsection which exceed an amount equal to 25 per centum of the amount apportioned to such State under this section for such fiscal year or period.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Notwithstanding subsection (c) of this section, no part, of the sums authorized by this subsection shall be apportioned as provided in such subsection. Sums authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under subsection (c) of this section.”.</content> </paragraph> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">school bus driver training</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">The second subsection (b) of section 406 of title 23, United States Code (relating to authorizations), is relettered as subsection (c), including all references thereto, and the second sentence of such relettered subsection (c) is amended to read as follows: “<quotedText>Not less than $7,000,000 of the sums authorized to carry out section 402 of this title<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s402">23 USC 402</ref>.</p></sidenote> for each of the fiscal years 1977 and 1978 shall be obligated to carry out this section. AH sums authorized to carry out this section shall be apportioned among the States in accordance with the formula established under subsection (c) of section 402 of this title, and shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under such subsection (c).</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">transferability</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The first sentence of subsection (g) of section 104 of title 23, United States Code, is amended by striking out “<quotedText>30 per centum</quotedText>” and inserting in lieu thereof “<quotedText>40 per centum</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The second sentence of such subsection (g) is amended to read as follows: “The Secretary may approve the transfer of 100 per centum of the apportionment under one such section to the apportionment under any other of such sections if such transfer is requested by the State highway department, and is approved by the Secretary<page identifier="/us/stat/90/454">90 STAT. 454</page> as being in the public interest, if he has received satisfactory assurances from such State highway department that the purposes of the program from which such funds are to be transferred have been met.”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Subsection (g) of section 104 of title 23, United States Code, is further amended by adding at the end thereof the following new sentences: “<quotedText>All or any part of the funds apportioned in any fiscal year to a State in accordance with section 203(d) of the Highway Safety Act<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s130">23 USC 130 note</ref>.</p></sidenote> of 1973 from funds authorized in section 203(c) of such Act, may be transferred from that apportionment to the apportionment made under section 219 of this title if such transfer is requested by the State highway department and is approved by the Secretary after he has received satisfactory assurances from such department that the purposes of such section 203 have been met. Nothing in this subsection authorizes the transfer of any amount apportioned from the Highway Trust Fund to any apportionment the funds for which were not from the Highway Trust Fund, and nothing in this subsection authorizes the transfer of any amount apportioned from funds not from the Highway Trust Fund to any apportionment the funds for which were from the Highway Trust Fund.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">pavement marking program</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsection (c) of section 151 of title 23, United States Code, is amended by striking out “<quotedText>and which are</quotedText>” and all that follows down through and including “<quotedText>Federal-aid system</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (g) of such section 151 is amended by adding at the end thereof the following: “<quotedText>No State shall submit any such report to the Secretary for any year after the second year following completion of the pavement marking program in that State, and the Secretary shall not submit any such report to Congress after the first year following the completion of the pavement marking program in alt States.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">highway safety programs</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote><p class="firstIndent0 fontsize8">Motorcycle safety helmets.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The last three sentences of subsection (c) of section 402 of title 23, United States Code, are amended to read as follows: “<quotedText>For the purpose of the seventh sentence of this subsection, a highway safety program approved by the Secretary shall not include any requirement that a State implement such a program by adopting or enforcing any law, rule, or regulation based on a standard promulgated by the Secretary under this section requiring any motorcycle operator eighteen years of age or older or passenger eighteen years of age or older to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. Implementation of a highway safety program under this section shall not be construed to require the Secretary to require compliance with every uniform standard, or with every element of every uniform standard, in every State.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Evaluation.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s402">23 USC 402 note</ref>.</p></sidenote> <content>The Secretary of Transportation shall, in cooperation with the States, conduct an evaluation of (he adequacy and appropriateness of all uniform safety standards established under section 402 of title 23 of the United States Code which are in effect on the date of enactment<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> of this Act. The Secretary shall report his findings, together with his recommendations, including hut not limited to, the need for revision or consolidation of existing standards and the establishment of new<page identifier="/us/stat/90/455">90 STAT. 455</page> standards, to Congress on or before July 1, 1977. Until such report is submitted, the Secretary shall not, pursuant to subsection (c) of section 402 of title 23, United States Code, withhold any apportionment or any fluids apportioned to any State because such State is failing to implement a highway safety program approved by the Secretary in accordance with such section 402.</content> </subsection> </section> <section> <heading class="smallCaps centered">national highway safety advisory committee</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content class="inline">Section 404(a)(1) of title 23, United States Code, is amended by deleting “<quotedText>who shall be Chairman,</quotedText>” from the first sentence thereof, and by adding immediately after such first sentence the following: “<quotedText>The Secretary shall select the Chairman of the Committee from among the Committee members.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">steering axle study</heading> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content class="inline">The Secretary of Transportation is directed to conduct<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s127">23 USC 127 note</ref>.</p></sidenote> an investigation into the relationship between the gross load on front steering axles of truck tractors and the safety of operation of vehicle combinations of which such truck tractors are a part. Such investigation shall be conducted in cooperation with representatives of (A) manufacturers of truck tractors and related equipment, (B) labor, and (C) users of such equipment. The Secretary shall report the results<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> of such study to the Congress not later than July 1, 1977.</content> </section> <section> <heading class="smallCaps centered">safety program apportionment</heading> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content class="inline">The sixth sentence of section 402(c) of title 23, United States Code, is amended by deleting the period at the end and adding the following: “<quotedText>, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall not be less than one-third of 1 per centum of the total apportionment.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">penalty</heading> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <content class="inline">Section 402(e) of title 23, United States Code, is amended by adding at the end thereof the following: “<quotedText>Funds apportioned under this section to any State, that does not have a highway safety program approved by the Secretary or that is not implementing an approved program, shall be reduced by amounts equal to not less than 50 per centum of the amounts that would otherwise be apportioned to the State under this section, until such time as the Secretary approves such program or determines that the State is Implementing an approved program, as appropriate. The Secretary shall consider the gravity of the State’s failure, to have or implement an approved program in determining the amount of the reduction. The Secretary shall promptly apportion to the State the, funds withheld from its apportionment if he approves the State’s highway safety program or determines that the State has begun implementing an approved program, as appropriate, prior to the end of the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure, within such period, the Secretary shall reapportion the withheld funds to the other States in accordance with the formula specified in this subsection not later than 30 days after such determination.</quotedText>”.</content> </section> <page identifier="/us/stat/90/456">90 STAT. 456</page> <section> <heading class="smallCaps centered">limitations</heading> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num> <content class="inline">To the extent that any section of this title provides new or increased authority to enter into contracts under which outlays will be made from funds other than the Highway Trust Fund, such new or increased authority shall be effective for any fiscal year only in such amounts as are provided in appropriations Acts.</content> </section> <num value="III">TITLE III—</num> <heading class="inline">EXTENSION OF HIGHWAY TRUST FUND AND CERTAIN RELATED PROVISIONS</heading> <section> <num value="301">SEC. 301. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t23/s120">23 USC 120 note</ref>.</p></sidenote> <heading>HIGHWAY TRUST FUND.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Subsections (e) and (f) of section 209 of the. Highway Revenue Act of 1956 (relating to the Highway Trust Fund; 23 U.S.C. 120 note) are amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>1977</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1979</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>1978</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1980</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Subsection (e)(1) of section 209 of such Act is amended by striking out “<quotedText>June 30, 1978</quotedText>” and inserting in lieu thereof “<quotedText>September 30, 1980</quotedText>”.</content> </subsection> </section> <section> <num value="302">SEC. 302. </num> <heading>TRANSFER FROM LAND AND WATER CONSERVATION FUND.</heading> <chapeau>Subsection (b) of section 201 of the Land and Water Conservation<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s460l–11">16 USC 460<i>l</i>–11</ref>.</p></sidenote> Fund Act of 1965 (16 U.S.C. 4601–11) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>1977</quotedText>” and inserting in lieu thereof “<quotedText>1979</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>1978</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1980</quotedText>”.</content> </paragraph> </section> <section> <num value="303">SEC. 303. </num> <heading>POSTPONEMENT OF CERTAIN EXCISE TAX REDUCTIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The following provisions of the Internal Revenue Code of 1954 are amended by striking out “<quotedText>1977</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1979</quotedText>”:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s4041">26 USC 4041</ref>.</p></sidenote> <content>Section 4041(c)(3) (relating to rate of tax on fuel for noncommercial aviation).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 4041(e) (relating to rate reduction).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s4061">26 USC 4061</ref>.</p></sidenote> <content>Section 4061(a)(1) (relating to imposition of tax on trucks, buses, etc.).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 4061(b)(1) (relating to imposition of tax on parts and accessories).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s4071">26 USC 4071</ref>.</p></sidenote> <content>Section 4071(d) (relating to imposition of tax on tires and tubes).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s4081">26 USC 4081</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s4481">26 USC 4481</ref>.</p></sidenote> <content>Section 4081(b) (relating to imposition of tax on gasoline).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Section 4481(a) (relating to imposition of tax on use of highway motor vehicles).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Section 4–181 (e) (relating to period tax in effect).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s4482">26 USC 4482</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s6156">26 USC 6156</ref>.</p></sidenote> <content>Section 4482(c)(4) (defining taxable period).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>Section 6156(e)(2) (relating to installment payments of tax on use of highway motor vehicles).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s6421">26 USC 6421</ref>.</p></sidenote> <content>Section 6421(h) (relating to tax on gasoline used for certain nonhighway purposes or by local transit systems).</content> </paragraph> </subsection> <page identifier="/us/stat/90/457">90 STAT. 457</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Section 6412(a)(2) of such Code (relating to floor stocks<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s6412">26 USC 6412</ref>.</p></sidenote> refunds) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>1977</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1979</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>1978</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1980</quotedText>”.</content> </paragraph> </subsection> </section> Approved May 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–716 (Comm. on Public Works and Transportation) and No. 94–1017 (Comm. of Conference). SENATE REPORTS: No. 94–485 accompanying S. 2711 (Comm. on Public Works) and No. 94–741 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 11, 12, S. 2711 considered and passed Senate.

Dec. 18, considered and passed House.

Vol. 122 (1976): Jan. 19, considered and passed Senate, amended, in lieu of S. 2711.

Apr. 13, Senate and House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol, 12, No. 19 (1976): May 5, Presidential statement.

 Public Law 94–281: To amend further the Peace Corps Act. Public Law 281 Public Law 94–281 90 Stat. 458 1976-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 458 Public Law 94–281 94th Congress
An Act To amend further the Peace Corps Act.

May 7, 1976

[H.R. 12226]

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

Peace Corps Act, amendment.
That section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is amended by striking out “and” after “$88,468,000,” and by adding after “$27,887,000,” the phrase “for fiscal year 1977 not to exceed $81,000,000,”.
Sec. 2. Section 3(c) of the Peace Corps Act (22 U.S.C. 2502(c)) is amended to read as follows: “(c)

Salary and benefits, increase.

 In addition to the amounts authorized for fiscal year 1976, for the period July 1, 1976, through September 30, 1976, and fiscal year 1977, there are authorized to be appropriated for fiscal year 1976 and the period July 1, 1976, through September 30, 1976, not in excess of $1,000,000, and for fiscal year 1977 such sums as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law.”.
Sec. 3.

22 USC 2502 note.

22 USC 2501 note.

22 USC 2504, 2505..

 Of the amount appropriated for fiscal year 1977 to carry out the purposes of the Peace Corps Act, $10,100,000 shall be available only for payment of the readjustment allowances authorized by sections 5(c) and 6(1) of such Act.
Approved May 7, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–874 (Comm. on International Relations). SENATE REPORT No. 94–757 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 22, considered and passed House.

Apr. 27, considered and passed Senate.

 Public Law 94–282: To establish a science and technology policy for the United States, to provide for scientific and technological advice and assistance to the President, to provide a comprehensive survey of ways and means for improving the Federal effort in scientific research and information handling, and in the use I hereof, to amend tire National Science Foundation Act of 1950, and for other purposes. Public Law 282 Public Law 94–282 90 Stat. 459 1976-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 459 Public Law 94–282 94th Congress
An Act To establish a science and technology policy for the United States, to provide for scientific and technological advice and assistance to the President, to provide a comprehensive survey of ways and means for improving the Federal effort in scientific research and information handling, and in the use I hereof, to amend tire National Science Foundation Act of 1950, and for other purposes.

May 11, 1976

[H.R. 10230]

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

National Science and Technology Policy, Organization, and Priorities Act of 1976.

42 USC 6601 note.

 be cited as the “National Science and Technology Policy, Organization, and Priorities Act of 1976”.
<num value="I">TITLE I—</num> <heading class="inline">NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY AND PRIORITIES</heading> <section> <heading class="smallCaps centered">findings</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Congress, recognizing the profound impact of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6601">42 USC 6601</ref>.</p></sidenote> science and technology on society, and the interrelations of scientific, technological, economic, social, political, and institutional factors, hereby finds and declares that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the general welfare, the security, the economic health and stability of the Nation, the conservation and efficient utilization of its natural and human resources, and the effective functioning of government and society require vigorous, perceptive support and employment of science and technology in achieving national objectives;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the many large and complex scientific and technological factors which increasingly influence the course of national and international events require appropriate provision, involving long-range, inclusive planning as well as more immediate program development, to incorporate scientific and technological knowledge in the national decisionmaking process;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the scientific and technological capabilities of the United States, when properly fostered, applied, and directed, can effectively assist in improving the quality of life, in anticipating and resolving critical and emerging international, national, and local problems, in strengthening the Nation’s international economic position, and in furthering its foreign policy objectives;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Federal funding for science and technology represents an investment in the future which is indispensable to sustained national progress and human betterment, and there should be a continuing national investment in science, engineering, and technology which is commensurate with national needs and opportunities and the prevalent economic situation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the manpower pool of scientists, engineers, and technicians, constitutes an invaluable national resource which should be utilized to the fullest extent possible; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the Nation’s capabilities for technology assessment and for technological planning and policy formulation must be strengthened at both Federal and State levels.</content> </paragraph> </subsection> <page identifier="/us/stat/90/460">90 STAT. 460</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Priority foals.</p></sidenote> <chapeau>As a consequence, the Congress finds and declares that science and technology should contribute to the following priority goals without being limited thereto:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fostering leadership in the quest for international peace and progress toward human freedom, dignity, and well-being by enlarging the contributions of American scientists and engineers to the knowledge of man and his universe, by making discoveries of basic science widely available at home and abroad, and by utilizing technology in support of United States national and foreign policy goals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>increasing the efficient use of essential materials and products, and generally contributing to economic opportunity, stability, and appropriate growth;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>assuring an adequate supply of food, materials, and energy for the Nation’s needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>contributing to the national security;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>improving the quality of health care available to all residents of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>preserving, fostering, and restoring a healthful and esthetic natural environment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>providing for the protection of the oceans and coastal zones, and the polar regions, and the efficient utilization of their resources;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>strengthening the economy and promoting full employment through useful scientific and technological innovations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>increasing the quality of educational opportunities available to all residents of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>promoting the conservation and efficient utilization of the Nation’s natural and human resources:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>improving the Nation’s housing, transportation, and communication systems, and assuring the provision of effective public services throughout urban, suburban, and rural areas;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>eliminating air and water pollution, and unnecessary, unhealthful, or ineffective drugs and food additives; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>advancing the exploration and peaceful uses of outer space.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">declaration of policy</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6602">42 USC 6602</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <heading><inline class="smallCaps">Principles</inline>.—</heading> <chapeau>In view of the foregoing, the Congress declares that the United States shall adhere to a national policy for science and technology which includes the following principles:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The continuing development and implementation of strategies for determining and achieving the appropriate scope, level, direction, and extent of scientific and technological efforts based upon a continuous appraisal of the role of science and technology in achieving goals and formulating policies of the United States, and reflecting the views of State and local governments and representative public groups.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The enlistment of science and technology to foster a healthy economy in which the directions of growth and innovation are compatible with the prudent and frugal use of resources and with the preservation of a benign environment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The conduct of science and technology operations so as to serve domestic needs while promoting foreign policy objectives.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The recruitment, education, training, retraining, and beneficial use of adequate numbers of scientists, engineers, and tech-<page identifier="/us/stat/90/461">90 STAT. 461</page>nologists, and the promotion by the Federal Government of the effective and efficient utilization in the national interest of the Nation’s human resources in science, engineering, and technology.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The development and maintenance of a solid base for science and technology in the United States, including: (A) strong participation of and cooperative relationships with State and local governments and the private sector; (B) the maintenance and strengthening of diversified scientific and technological capabilities in government, industry, and the universities, and the encouragement of independent initiatives based on such capabilities, together with elimination of needless barriers to scientific and technological innovation; (C) effective management and dissemination of scientific and technological information; (D) establishment of essential scientific, technical and industrial standards and measurement and test methods; and (E) promotion of increased public understanding of science and technology.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The recognition that, as changing circumstances require periodic revision and adaptation of title I of this Act, the Federal Government is responsible for identifying and interpreting the changes in those circumstances as they occur, and for effecting subsequent changes in title I as appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Implementation</inline>.—</heading> <chapeau>To implement the policy enunciated in subsection (a) of this section, the Congress declares that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Federal Government should maintain central policy planning elements in the executive branch which assist Federal agencies in (A) identifying public problems and objectives, (B) mobilizing scientific and technological resources for essential national programs, (C) securing appropriate funding for programs so identified, (D) anticipating future concerns to which science and technology can contribute and devising strategies for the conduct of science and technology for such purposes, (E) reviewing systematically Federal science policy and programs and recommending legislative amendment thereof when needed. Such elements should include an advisory mechanism within the Executive Office of the President so that the Chief Executive may have available independent, expert judgment and assistance on policy matters which require accurate assessments of the complex scientific and technological features involved.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>It is a responsibility of the Federal Government to promote prompt, effective, reliable, and systematic transfer of scientific and technological information by such appropriate methods as programs conducted by nongovernmental organizations, including industrial groups and technical societies. In particular, it is recognized as a responsibility of the Federal Government not only to coordinate and unify its own science and technology information systems, but to facilitate the close coupling of institutional scientific research with commercial application of the useful findings of science.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>It is further an appropriate Federal function to support scientific and technological efforts which are expected to provide results beneficial to the public but which the private sector may be unwilling or unable to support.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Scientific and technological activities which may be properly supported exclusively by the Federal Government should be distinguished from those in which interests are shared with State and local governments and the private sector. Among these enti-<page identifier="/us/stat/90/462">90 STAT. 462</page>ties, cooperative relationships should be established which encourage the appropriate sharing of science and technology decision-making, funding support, and program planning and execution.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The Federal Government should support and utilize engineering and its various disciplines and make maximum use of the engineering community, whenever appropriate, as an essential element in the Federal policymaking process.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Comprehensive legislative support for the national science and technology effort requires that the Congress be regularly informed of the condition, health and vitality, and funding requirements of science and technology, the relation of science and technology to changing national goals, and the need for legislative modification of the Federal endeavor and structure at all levels as it relates to science and technology.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Procedures</inline>.—</heading> <chapeau>The Congress declares that, in order to expedite and facilitate the implementation of the policy enunciated in subsection (a) of this section, the following coordinate procedures are of paramount importance:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Federal procurement policy should encourage the use of science and technology to foster frugal use of materials, energy, and appropriated funds; to assure quality environment; and to enhance product performance.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Explicit criteria, including cost-benefit principles where practicable, should be developed to identify the kinds of applied research and technology programs that are appropriate for Federal funding support and to determine the extent of such support. Particular attention should be given to scientific and technological problems and opportunities offering promise of social advantage that are so long range, geographically widespread or economically diffused that the Federal Government constitutes the appropriate source for undertaking their support.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Federal promotion of science and technology should emphasize quality of research, recognize the singular importance of stability in scientific and technological institutions, and for urgent tasks, seek to assure timeliness of results. With particular reference to Federal support for basic research, funds should be allocated to encourage education in needed disciplines, to provide a base of scientific knowledge, from which future essential technological development can be launched, and to add to the cultural heritage of the Nation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Federal patent policies should be developed, based on uniform principles, which have as their objective the preservation of incentives for technological innovation and the application of procedures which will continue to assure the full use of beneficial technology to serve the public.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Closer relationships should be encouraged among practitioners of different scientific and technological disciplines, including the physical, social, and biomedical fields.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Federal departments, agencies, and instrumentalities should assure efficient management of laboratory facilities and equipment in their custody, including acquisition of effective equipment, disposal of inferior and obsolete properties, and cross-servicing to maximize the productivity of costly property of all kinds. Disposal policies should include attention to possibilities for further productive use.</content> </paragraph> <page identifier="/us/stat/90/463">90 STAT. 463</page> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>The full use of the contributions of science and technology to support State and local government goals should be encouraged.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Formal recognition should be accorded those persons whose scientific and technological achievements have contributed significantly to the national welfare.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>The Federal Government should support applied scientific research, when appropriate, in proportion to the probability of its usefulness, insofar as this probability can be determined; but while maximizing the beneficial consequences of technology, the Government should act to minimize, foreseeable injurious consequences.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>Federal departments, agencies, and instrumentalities should establish procedures to insure among them the systematic interchange of scientific data and technological findings developed under their programs.</content> </paragraph> </subsection> </section> <num value="II">TITLE II—</num> <heading class="inline">OFFICE OF SCIENCE AND TECHNOLOGY POLICY</heading><sidenote><p class="firstIndent0 fontsize8">Presidential Science and Technology Advisory Organization Act of 1976.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6611">42 USC 6611 note</ref>.</p></sidenote> <section> <heading class="smallCaps centered">short title</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Presidential Science and Technology Advisory Organization Act o f 1976</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">establishment</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">There is established in the Executive Office of the President<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6611">42 USC 6611</ref>.</p></sidenote> an Office of Science and Technology Policy (hereinafter referred to in this title as the “Office”).</content> </section> <section> <heading class="smallCaps centered">director; associate directors</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">There shall be at the head of the Office a Director who<sidenote><p class="firstIndent0 fontsize8">Appointment.</p><p class="firstIndent0 fontsize8">Compensation.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6612">42 USC 6612</ref>.</p></sidenote> shall be appointed by the President, by and with the advice and consent of the Senate, and who shall he compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5, United States Code. The President is authorized to appoint not more than four Associate Directors, by and with the advice and consent of the Senate, who shall be compensated at a rate not to exceed that provided for level HI of the Executive Schedule in section 5314 of such title.<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5314">5 USC 5314</ref>.</p></sidenote> Associate Directors shall perform such functions as the Director may prescribe.</content> </section> <section> <heading class="smallCaps centered">functions</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The primary function of the Director is to provide,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6613">42 USC 6613</ref>.</p></sidenote> within the Executive Office of the President, advice on the scientific, engineering, and technological aspects of issues that require attention at the highest levels of Government.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>In addition to such other functions and activities as the President may assign, the Director shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>advise the President of scientific and technological considerations involved in areas of national concern including, but not limited to, the economy, national security, health, foreign relations, the environment, and the technological recovery and use of resources;</content> </paragraph> <page identifier="/us/stat/90/464">90 STAT. 464</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>evaluate the scale, quality, and effectiveness of the Federal effort in science and technology and advise on appropriate actions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>advise the President on scientific and technological considerations with regard to Federal budgets, assist the Office of Management and Budget with an annual review and analysis of funding proposed for research and development, in budgets of all Federal agencies, and aid the Office of Management and Budget and the agencies throughout the budget development process; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>assist the President in providing general leadership and coordination of the research and development programs of the Federal Government.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">policy planning, analysis, and advice</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6614">42 USC 6614</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans, and programs of the Federal Government. In carrying out the provisions of this section, the Director shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>seek to define coherent approaches for applying science and technology to critical and emerging national and international problems and for promoting coordination of the scientific and technological responsibilities and programs of the Federal departments and agencies in the resolution of such problems;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Science and Technology Report.</p></sidenote> <content>assist and advise the President in the preparation of the Science and Technology Report, in accordance with section 209 of this Act.;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>gather timely and authoritative information concerning significant developments and trends in science, technology, and in national priorities, both current and prospective, to analyze and interpret such information for the purpose of determining whether such developments and trends are likely to affect achievement of the priority goals of the Nation as set forth in section 101(b) of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent0 fontsize8">Data base.</p></sidenote> <content>encourage the development and maintenance of an adequate data base for human resources in science, engineering, and technology, including the development of appropriate models to forecast future manpower requirements, and assess the impact of major governmental and public programs on human resources and their utilization;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num><sidenote><p class="firstIndent0 fontsize8">Studies and analyses.</p></sidenote> <content>initiate studies and analyses, including systems analyses and technology assessments, of alternatives available for the resolution of critical and emerging national and international problems amenable to the contributions of science and technology and, insofar as possible, determine and compare probable costs, benefits, and impacts of such alternatives;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>advise the President on the extent to which the various scientific and technological programs, policies, and activities of the Federal Government are likely to affect the achievement of the priority goals of the Nation as set forth in section 101(b) of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>provide the President with periodic reviews of Federal statutes and administrative regulations of the various departments and agencies which affect research and development activities, both internally and in relation to the private sector, or which may interfere with desirable technological innovation, together with<page identifier="/us/stat/90/465">90 STAT. 465</page> recommendations for their elimination, reform, or updating as appropriate;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>develop, review, revise, and recommend criteria for determining scientific and technological activities warranting Federal support, and recommend Federal policies designed to advance (A) the development and maintenance of broadly based scientific and technological capabilities, including human resources, at all levels of government, academia, and industry, and (B) the effective application of such capabilities to national needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>assess and advise on policies for international cooperation in science and technology which will advance the national and international objectives of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>identify and assess emerging and future areas in which science and technology can be used effectively in addressing national and international problems;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>report at least once each year to the President on the overall<sidenote><p class="firstIndent0 fontsize8">Report to President,</p></sidenote> activities and accomplishments of the Office, pursuant to section 209 of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>periodically survey the nature and needs of national science and technology policy and make recommendations to the President, for review and transmission to the Congress, for the timely and appropriate revision of such policy in accordance with section 102(a)(6) of this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>perform such other duties and functions and make and furnish such studies and reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Director shall establish an Intergovernmental Science,<sidenote><p class="firstIndent0 fontsize8">Intergovernmental Science, Engineering, and Technology Advisory Panel.</p><p class="firstIndent0 fontsize8">Establishment.</p></sidenote> Engineering, and Technology Advisory Panel (hereinafter referred to us the “Panel”), whose purpose shall be to (A) identify and define civilian problems at State, regional, and local levels which science, engineering, and technology may assist in resolving or ameliorating; (B) recommend priorities for addressing such problems; and (C) advise and assist the Director in identifying and fostering policies to facilitate the transfer and utilization of research and development results so as to maximize their application to civilian needs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Panel shall be composed of (A) the Director of the Office,<sidenote><p class="firstIndent0 fontsize8">Membership.</p></sidenote> or his representative; (B) at least ten members representing the interests of the States, appointed by the Director of the Office after consultation with State officials; and (C) the Director of the National Science Foundation, or his representative.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The Director of the Office, or his representative, shall serve<sidenote><p class="firstIndent0 fontsize8">Chairman.</p></sidenote> as Chairman of the Panel.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Tile Pane] shall perform such functions as the Chairman may prescribe, and shall meet at the call of the Chairman.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Each member of the Panel shall, while serving on business<sidenote><p class="firstIndent0 fontsize8">Compensation.</p></sidenote> of the Panel, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS—18 of the General Schedule under section 5332 of title 5, United States Code, including traveltime, and,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> while so serving away from his home or regular place of business, he may be allowed travel expenses, including per diem in lieu of subsistence in the same manner as the expenses authorized by section 5703 (b) of title 5, United States Code, for persons in government service employed intermittently.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/90/466">90 STAT. 466</page> <section> <heading class="smallCaps centered">five-year outlook</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6615">42 USC 6615</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Within its first year of operation, the Office shall, to the extent practicable, within the limitations of available knowledge and resources, and with appropriate assistance from the departments and agencies and such consultants and contractors as the Director deems necessary, identify and describe situations and conditions which warrant special attention within the next five years, involving—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>current and emerging problems of national significance that are identified through scientific research, or in which scientific or technical considerations are of major significance; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>opportunities for, and constraints on, the use of new and existing scientific and technological capabilities which can make a significant contribution to the resolution of problems identified under paragraph (1) of this subsection or to the achievement of Federal program objectives or national goals, including those set forth in section 101(b) of this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Annual revision.</p></sidenote> <content>The Office shall annually revise the five-year outlook developed under subsection (a) of this section so that it takes account of new problems, constraints and opportunities and changing national goals and circumstances, and shall extend the outlook so that it always extends five years into the future.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Consultation.</p></sidenote> <chapeau>The Director of the Office shall consult as necessary with officials of the departments and agencies having programs and responsibilities relating to the problems, constraints, and opportunities identified under subsections (a) and (b) of this section, in order to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>identify and evaluate alternative actions that might be taken by the Federal Government, State and local governments, or the private sector to deal with such problems, constraints, or opportunities; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>ensure that alternative actions identified under paragraph (1) of this subsection are fully considered by departments and agencies in formulating their budget, program, and legislative proposals.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="firstIndent0 fontsize8">Consultation.</p></sidenote> <content>The Director of the Office shall consult as necessary with officials of the Office of Management and Budget and other appropriate elements of the Executive Office of the President to ensure that the problems, constraints, opportunities, and alternative actions identified under subsections (a), (b), and (c) of this section are fully considered in the development of the President’s Budgets and legislative programs.</content> </subsection> </section> <section> <heading class="smallCaps centered">additional functions of the director; administrative provisions</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6616">42 USC 6616</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Director shall, in addition to the other duties and functions set forth in this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>serve as Chairman of the Federal Coordinating Council for Science, Engineering, and Technology established under title IV; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>serve as a member of the Domestic Council.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purpose of assuring the optimum contribution of science and technology to the national security, the Director, at tile request of the National Security Council, shall advise the National Security Council in such matters concerning science and technology as relate to national security.</content> </subsection> <page identifier="/us/stat/90/467">90 STAT. 467</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>In carrying out his functions under this Act, the Director is authorized to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>appoint such officers and employees as he may deem necessary to perform the functions now or hereafter vested in him and to prescribe their duties;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>obtain services as authorized by section 3109 of title 5 of the United States Code, at rates not to exceed the rate, prescribed for grade GS–18 of the General Schedule by section 5332 of title 5 of the United States Code; and <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as he deems necessary to carry out the provisions of this Act without legal consideration, without performance bonds, and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">coordination with other organizations</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>In exercising his functions under this Act, the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6617">42 USC 6617</ref>.</p></sidenote> Director shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>work in close consultation and cooperation with the Domestic Council, the National Security Council, the Council on Environmental Quality, the Council of Economic Advisers, the Office of Management and Budget, the National Science Board, and the Federal departments and agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>utilize the services of consultants, establish such advisory panels, and, to the extent practicable, consult with State and local governmental agencies, with appropriate professional groups, and with such representatives of industry, the universities, agriculture, labor, consumers, conservation organizations, and such other public interest groups, organizations, and individuals as he deems advisable;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>hold such hearings in various parts of the Nation as he<sidenote><p class="firstIndent0 fontsize8">Hearings.</p></sidenote> deems necessary, to determine the views of the agencies, groups, and organizations referred to in paragraph (2) of this subsection and of the general public, concerning national needs and trends in science and technology; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>utilize with their consent to the fullest extent possible the services, personnel, equipment, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order to avoid duplication of effort and expense, and may transfer funds made available pursuant to this Act to other Federal agencies as reimbursement for the utilization of such personnel, services, facilities, equipment, and information.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Each department, agency, and instrumentality of the Executive Branch of the Government, including any independent agency, is authorized to furnish the Director such information as the Director deems necessary to carry out his functions under this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Upon request, the Administrator of the National Aeronautics and Space Administration is authorized to assist the Director with respect to carrying out his activities conducted under paragraph (5) of section 205(a) of this Act.</content> </subsection> </section> <page identifier="/us/stat/90/468">90 STAT. 468</page> <section> <heading class="smallCaps centered">science and technology report</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="firstIndent0 fontsize8">Transmittal to Congress.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6618">42 USC 6618</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The President shall transmit annually to the Congress, beginning February 15, 1978, a Science and Technology <quotedText>Report</quotedText> (hereinafter referred to as the “<quotedText>Report</quotedText>”) which shall be prepared by the Office, with appropriate assistance from Federal departments and agencies and such consultants and contractors as the Director deems necessary. The report shall draw upon the information prepared by the Director pursuant to section 206 of this Act, and to the extent practicable, within the limitations of available knowledge and resources, discuss such issues as—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a review of developments of national significance in science and technology;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the significant effects of current and projected trends in science and technology on the social, economic, and other requirements of the Nation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a review and appraisal of selected science- and technology-related programs, policies, and activities of the Federal Government;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an inventory and forecast of critical and emerging national problems the resolution of which might be substantially assisted by the application of science and technology;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the identification and assessment of scientific and technological measures that can contribute to the resolution of such problems, in light of the related social, economic, political, and institutional considerations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the existing and projected scientific and technological resources, including specialized manpower, that could contribute to the resolution of such problems; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>recommendations for legislation on science- and technology-related programs and policies that will contribute to the resolution of such problems.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In preparing the Report under subsection (a) of this section, the Office, shall make maximum use of relevant data available from the National Science Foundation and other Government departments and agencies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Public document.</p></sidenote> <content>The Director shall insure that, the Report, in the form approved by the President, is printed and made available as a public document.</content> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">PRESIDENT’S COMMITTEE ON SCIENCE AND TECHNOLOGY</heading> <section> <heading class="smallCaps centered">establishment</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6631">42 USC 6631</ref>.</p></sidenote> <content class="inline">The President shall establish within the Executive Office of the President a President’s Committee on Science and Technology (hereinafter referred to as the “<quotedText>Committee</quotedText>”).</content> </section> <section> <heading class="smallCaps centered">membership</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6632">42 USC 6632</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Committee shall consist of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Director of the Office of Science and Technology Policy established under title II of this Art; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>not less than eight nor more than fourteen other members appointed by the President not more than sixty days after the Director has assumed office (as provided in section 203 of this Act).</content> </paragraph> </subsection> <page identifier="/us/stat/90/469">90 STAT. 469</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Members of the Committee appointed by the President pursuant to subsection (a)(2) of this section shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be qualified and distinguished in one or more of the following areas: science, engineering, technology, information dissemination, education, management, labor, or public affairs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>be capable of critically assessing the policies, priorities, programs, and activities of the Nation, with respect to the findings, policies, and purposes set forth in title I; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>shall collectively constitute a balanced composition with respect to (A) fields of science and engineering, (B) academic, industrial, and government experience, and (C) business, labor, consumer, and public interest, points of view.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The President shall appoint one member of the Committee to<sidenote><p class="firstIndent0 fontsize8">Chairman.</p></sidenote> serve as Chairman and another member to serve as Vice Chairman for such periods as the President may determine.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Each member of the Committee who is not an officer of the Federal<sidenote><p class="firstIndent0 fontsize8">Compensation.</p></sidenote> Government shall, while serving on business of the Committee, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, United States Code, including traveltime, and while so serving<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> away from his home or regular place of business he may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) of title 5, United States Code, for persons in Government service employed intermittently.</content> </subsection> </section> <section> <heading class="smallCaps centered">federal science, engineering, and technology survey</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Committee shall survey, examine, and analyze the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6633">42 USC 6633</ref>.</p></sidenote> overall context of the Federal science, engineering, and technology effort including missions, goals, personnel, funding, organization, facilities, and activities in general, taking adequate account of the interests of individuals and groups that may be affected by Federal scientific, engineering, and technical programs, including, as appropriate, consultation with such individuals and groups. In carrying out its functions under this section, the Committee shall, among other things, consider needs for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>organizational reform, including institutional realinement designed to place Federal agencies whose missions are primarily or solely devoted to scientific and technological research and development, and those agencies primarily or solely concerned with fuels, energy, and materials, within a single cabinet-level department;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>improvements in existing systems for handling scientific and technical information on a Government-wide basis, including consideration of the appropriate role to be played by the private sector in the dissemination of such information;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>improved technology assessment in the executive branch of the Federal Government;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>improved methods for effecting technology innovation, transfer, and use;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>stimulating more effective Federal-State and Federal-industry liaison and cooperation in science and technology, including the formation of Federal-State mechanisms for the mutual pursuit of this goal;</content> </paragraph> <page identifier="/us/stat/90/470">90 STAT. 470</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>reduction and simplification of Federal regulations and administrative practices and procedures which may have the effect of retarding technological innovation or opportunities for its utilization;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>a broader base for support of basic research;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>ways of strengthening the Nation’s academic institutions’ capabilities for research and education in science and technology;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>ways and means of effectively integrating scientific and technological factors into our national and international policies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>technology designed to meet community and individual needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>maintenance of adequate scientific and technological manpower with regard to both quality and quantity:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>improved systems for planning and analysis of the Federal science and technology programs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>long-range study, analysis, and planning in regard to the application of science and technology to major national problems or concerns.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Interim report.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Within twelve months from the time the Committee is activated in accordance with section 302(e) of this Act, the Committee shall issue an interim report of its activities and operations to<sidenote><p class="firstIndent0 fontsize8">Report to President.</p></sidenote> date. Not more than twenty-four months from the tune the Committee is activated, the Committee shall submit a final report of its activities, findings, conclusions, and recommendations, including such supporting data and material as may be necessary, to the President.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Transmittal to Congress.</p></sidenote> <content>The President, within sixty days of receipt thereof, shall transmit each such report to each House of Congress together with such comments, observations, and recommendations thereon as he deems appropriate.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">continuation of committee</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6634">42 USC 6634</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Ninety days after submission of the final report prepared under section 303 of this Act, the Committee shall cease to exist, unless the President, before the expiration of the ninety-day period, makes a determination that it is advantageous for the Committee to continue in being.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the President determines that it is advantageous for the Committee to continue in being, (1) the Committee shall exercise such functions as are prescribed by the President; and (2) the members of the Committee shall serve at the pleasure of the President.</content> </subsection> </section> <section> <heading class="smallCaps centered">staff and consultant support</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6635">42 USC 6635</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>In the performance of its functions under sections 303 and 304 of this Act, the Committee is authorized—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to select, appoint, employ, and fix the compensation of such specialists and other experts as may be necessary for the carrying out of its duties and functions, and to select, appoint, and employ, subject to the civil service laws, such other officers and employees as may be necessary for carrying out its duties and functions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to provide for participation of such civilian and military personnel as may be detailed to the Committee pursuant to subsection (b) of this section for carrying out the functions of the Committee.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon request of the Committee, the head of any Federal department, agency, or instrumentality is authorized (1) to furnish to<page identifier="/us/stat/90/471">90 STAT. 471</page> the Committee such information as may be necessary for carrying out its functions and as may be available to or procurable by such department, agency, or instrumentality, and (2) to detail to temporary duty with the Committee on a reimbursable basis such personnel within his administrative jurisdiction us it may need or believe to be useful for carrying out its functions. Each such detail shall be without loss of seniority, pay, or other employee status, to civilian employees so detailed, and without loss of status, rank, office, or grade, or of any emolument, perquisite, light, privilege, or benefit incident thereto to military personnel so detailed. Each such detail shall be made pursuant to an agreement between the Chairman and the head of the relevant department, agency, or instrumentality, and shall be in accordance with the provisions of subchapter III of chapter 33, title 5, United States Code. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s3341">5 USC 3341</ref>.</p></sidenote></content> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">FEDERAL COORDINATING COUNCIL FOR SCIENCE, ENGINEERING, AND TECHNOLOGY</heading> <section> <heading class="smallCaps centered">establishment and functions</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There is established the Federal Coordinating Council<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6651">42 USC 6651</ref>.</p></sidenote> for Science, Engineering, and Technology (hereinafter referred to as the “<quotedText>Council</quotedText>”).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Council shall be composed of the Director of the Office of<sidenote><p class="firstIndent0 fontsize8">Membership.</p></sidenote> Science and Technology Policy and one representative of each of the following Federal agencies: Department Or Agriculture, Department of Commerce. Department of Defense, Department of Health. Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of State, Department of Transportation, Veterans’ Administration. National Aeronautics and Space Administration. National Science Foundation, Environmental Protection Agency, and Energy Research and Development Administration. Each such representative shall be an official of policy rank designated by the head of the Federal agency concerned.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The Director of the Office of Science and Technology Policy<sidenote><p class="firstIndent0 fontsize8">Chairman.</p></sidenote> shall serve as Chairman of the Council. The Chairman may designate another member of the Council to act temporarily in the Chairman’s absence as Chairman.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The Chairman may (1) request the head of any Federal agency not named in subsection (b) of this section to designate a representative to participate in meetings or parts of meetings of the Council concerned with matters of substantial interest to such agency, and (2) invite other persons to attend meetings of the Council.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <chapeau>The Council shall consider problems and developments in the fields of science, engineering, and technology and related activities affecting more than one Federal agency, and shall recommend policies and other measures designed to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>provide more effective planning and administration of Federal scientific, engineering, and technological programs,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>identify research needs including areas requiring additional emphasis,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>achieve more effective utilization of the scientific, engineering and technological resources and facilities of Federal agencies, including the elimination of unwarranted duplication, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>further international cooperation in science, engineering, and technology.</content> </paragraph> </subsection> <page identifier="/us/stat/90/472">90 STAT. 472</page> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The Council shall perform such other related advisory duties as shall be assigned by the President or by the Chairman.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <chapeau>For the purpose of carrying out the provisions of this section, each Federal agency represented on the Council shall furnish necessary assistance to the Council. Such assistance may include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>detailing employees to the Council to perform such functions, consistent with the purposes of this section, as the Chairman may assign to them, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>undertaking, upon request of the Chairman, such special studies for the Council as come within the functions herein assigned.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num><sidenote><p class="firstIndent0 fontsize8">Subcommittees and panels, establishment.</p></sidenote> <content>For the purpose of conducting studies and making reports as directed by the Chairman, standing subcommittees and panels of the Council may be established.</content> </subsection> </section> <section> <heading class="smallCaps centered">abolition of federal council for science and technology</heading> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s1862">42 USC 1862 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s1862">42 USC 1862 note</ref>.</p></sidenote> <content class="inline">The Federal Council for Science and Technology, established pursuant to Executive Order 10807, issued March 13, 1959, as amended by Executive Order 11381, issued November 8, 1967, is hereby abolished.</content> </section> <num value="V">TITLE V—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section> <heading class="smallCaps centered">authorization</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s6671">42 USC 6671</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>For the purpose of carrying out title II of this Act, there are authorized to be appropriated—</chapeau> <paragraph class="inline"> <num value="1">(1) </num> <content>$750,000 for the fiscal year ending June 30, 1976;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$500,000 for the period beginning July 1, 1976, and ending September 30, 1976;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>$3,000,000 for the fiscal year ending September 30, 1977; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>such sums as may be necessary for each of the succeeding fiscal years.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>For the purpose of carrying out title III of this Act, there are authorized to be appropriated—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$750,000 for the fiscal year ending June 30, 1976;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$500,000 for the period beginning July 1, 1976, and ending September 30, 1976;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>$1,000,000 for the fiscal year ending September 30, 1977; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>such sums as may be necessary for each of the succeeding fiscal years.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">statutory repeal</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content class="inline">Sections 1, 2, 3, and 4 of Reorganization Plan Numbered 2<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/appII">5 USC app. II</ref>; <ref href="/us/usc/t42/s1861">42 USC 1861 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/app">5 USC app</ref>.; <ref href="/us/usc/t50/app2271">50 USC app. 2271 note</ref>.</p></sidenote> of 1962 (76 Stat. 1253) and section 2 of Reorganization Plan Numbered 1 of 1973 (87 Stat. 1089) are repealed.</content> </section> <page identifier="/us/stat/90/473">90 STAT. 473</page> <section> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content class="inline">Section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 18631 is amended by striking out subsection (g) and by redesignating subsections (h), (i), and (j), and all references thereto, as subsections (g), (h),and (i), respectively.</content> </section> Approved May 11, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–595 (Comm. on Science and Technology) and No. 94–1046 (Comm. of Conference). SENATE REPORTS: No. 94–622 accompanying S. 32 (Committees on Labor and Public Welfare, Commerce, and Aeronautical and Space Sciences) and No. 94–765 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov, 6, considered and passed House.

Vol. 122 (1976): Feb. 4, considered and passed Senate, amended, in lieu of S. 32.

Apr. 27, Senate agreed to conference report.

Apr. 29, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 20 (1976): May 11, Presidential statement.

 Public Law 94–283: To amend the Federal Election Campaign Act of 1971 to provide that members of the Federal Election Commission shall lie appointed by the President, by and with the advice and consent of the Senate, and for other purposes. Public Law 283 Public Law 94–283 90 Stat. 475 1976-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 475 Public Law 94–283 94th Congress
An Act To amend the Federal Election Campaign Act of 1971 to provide that members of the Federal Election Commission shall lie appointed by the President, by and with the advice and consent of the Senate, and for other purposes.

May 11, 1976

[S. 3065]

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

Federal Election Campaign Act Amendments of 1976.

2 USC 431 note.
short title Section 1. This Act may lie cited as the “Federal Election Campaign Act Amendments of 1976”.
<num value="I">TITLE I—</num> <heading class="inline">AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT OF 1971</heading> <section> <heading class="smallCaps centered">federal election commission membership</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The second sentence of section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(1)), as redesignated by section 105 (hereinafter in this Act referred to as the “Act”), is amended to read as follows: “<quotedText>The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives, ex officio and without the right to vote, and 6 members appointed by the President of the United States, by and with the advice and consent of the Senate.</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The last sentence of section 309(a)(1) of the Act (2 U.S.C. 437c(a)(1)), as redesignated by section 105, is amended to read as follows: “<quotedText>No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 309(a)1(2) of the Act (2 U.S.C. 437c (a)(2)), as redesignated by section 105, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>Members of the Commission shall serve for terms of<sidenote><p class="firstIndent0 fontsize8">Term.</p></sidenote> 6 years, except that of the members first appointed—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979: and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>A member of the Commission may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>An individual appointed to fill a vacancy occurring other than<sidenote><p class="firstIndent0 fontsize8">Vacancies.</p></sidenote> by the expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 309(a)(3) of the Act (2 U.S.C. 437c(a)(3)), as redesignated by section 105, is amended by adding at the end thereof<page identifier="/us/stat/90/476">90 STAT. 476</page><sidenote><p class="firstIndent0 fontsize8">Conflict-of-interest.</p></sidenote> the following new sentences: “<quotedText>Members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time such individual begins to serve as a member of the Commission shall terminate or liquidate such activity no later than 1 year after beginning to serve as such a member.</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 309(b) of the Act (2 U.S.C. 437c(b)), as redesignated by section 105, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p><p class="firstIndent0 fontsize8">Jurisdiction.</p></sidenote> 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission shall have exclusive primary jurisdiction with respect to the civil enforcement of such provisions.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The first sentence of section 399(c) of the Act (2 U.S.C. 437c (c)), as redesignated by section 105, is amended by inserting immediately before the period at the end thereof the following:<sidenote><p class="firstIndent0 fontsize8">Guidelines, approval.</p></sidenote> “<quotedText>, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or for the Commission to take any action in accordance with paragraph (6), (7), (8),<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 481,</p></sidenote> or (10) of section 310(a)</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The last sentence of section 309(f)(1) of the Act (2 U.S.C. 437c(f)(1)), as redesignated by section 105, is amended by inserting immediately before the period the following: “<quotedText>without regard to the provisions of title 5, United States Code, governing appointments in the competitive service</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e)</num><sidenote><p class="firstIndent0 fontsize8">Presidential appointments.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s437c">2 USC 437c note</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>The President shall appoint members of the Federal Election Commission under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, as soon as practicable after the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The first appointments made by the President under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, shall not be considered to be appointments to fill the unexpired terms of members serving on the Federal Election Commission on the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Members serving on the Federal Election Commission on the date of the enactment of this Act may continue to serve as such members until new members arc appointed and qualified under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by tins section, except that until appointed and qualified under this Act, members serving on such Commission on such date of enactment may, beginning on March 23, 1976, exercise only such powers and functions as may be consistent with the determinations of the Supreme Court of the United States in Buckley et al, against Valeo, Secretary of the United States Senate, et al. (numbered 75–436, 75–437) January 30, 1976.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The provisions of section 309(a)(3) of the Act (2 U.S.C. 437c (a)(3)), as redesignated by section 105, which prohibit any individual from being appointed as a member of the Federal Election Commission who is, at the time of his appointment, an elected or appointed officer or employee of the executive, legislative, or judicial branch of the Federal Government, shall not apply in the case of any individual<page identifier="/us/stat/90/477">90 STAT. 477</page> serving as a member of such Commission on the date of the enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>All personnel, liabilities, contracts, property, and records<sidenote><p class="firstIndent0 fontsize8">Transfer of personnel and property.</p></sidenote> determined by the Director of the Office of Management and Budget to be employed, held, or used primarily in connection with the functions of the Federal Election Commission under title III of the Act as such title existed on January 1, 1976, or under any other provision<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote> of law, are transferred to such Commission as constituted under the amendments made by this Act to the Federal Election Campaign Act of 1971. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431 note</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Except as provided in subparagraph (B), personnel engaged in functions transferred under paragraph (1) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The transfer of personnel pursuant to paragraph (1) shall be without reduction in classification or compensation for 1 year after such transfer.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>All laws relating to the functions transferred under this Act<sidenote><p class="firstIndent0 fontsize8">Savings provision.</p></sidenote> shall, insofar as such laws are applicable and not amended by this Act, remain in full force and effect. All orders, determinations, rules, and opinions made, issued, or granted by the Federal Election Commission before its reconstitution under the amendments made by this Act which are in effect at the time of the transfer provided by paragraph (1), and which are consistent with the amendments made by this Act, shall continue in effect to the same extent, as if such transfer had not occurred. Any rule or regulation proposed by such Commission<sidenote><p class="firstIndent0 fontsize8">Proposed rules or regulations, submittal to Congress.</p></sidenote> before the date of the enactment of this Act shall be prescribed by suck Commission only if, after such date of enactment, the rule or regulation is submitted to the Senate or the House of Representatives, as the case may be, in accordance with the provisions of section 315(c) of the Act (as redesignated by section 105), and it is not disapproved<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s437h">2 USC 437h</ref>.</p></sidenote> by the appropriate House of the Congress.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The provisions of this Act shall not affect any proceeding pending before the Federal Election Commission on the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>No suit, action, or other proceeding commenced by or against the Federal Election Commission or any officer or employee thereof acting in his official capacity shall abate by reason of the transfer made under paragraph (1). The court before, which such suit, action, or other proceeding is pending may, on motion or supplemental petition filed at any time within 12 months after the date or the enactment of this Act, allow such suit, action, or other proceeding to be maintained against the Federal Election Commission if the party making the motion or filing the petition shows a necessity for the survival of the suit, action, or other proceeding to obtain a settlement of the question involved.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Any reference in any other Federal law to the. Federal Election Commission, or to any member or employee thereof, as such Commission existed under the Federal Election Campaign Act of 1971 before<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431 note</ref>.</p></sidenote> its amendment by this Act shall be held and considered to refer to the Federal Election Commission, or the members or employees thereof, as such Commission exists under the Federal Election Campaign Act of 1971 as amended by this Act.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/90/478">90 STAT. 478</page> <section> <heading class="smallCaps centered">changes in definitions</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 301(a)(2) of the Act (2 U.S.C. 431(a)(2)) is amended by striking out “<quotedText>held to</quotedText>” and inserting in lieu thereof “<quotedText> which has authority to</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 301(e)(2) of the Act (2 U.S.C. 431 (e)(2)) is amended by inserting “<quotedText>written</quotedText>” immediately before “<quotedText>contract</quotedText>” and by striking out “<quotedText>expressed or implied,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 301(e)(4) of the Act (2 U.S.C. 431(e)(4)) is amended by inserting after “<quotedText>purpose</quotedText>” the following: “<quotedText>, except that this paragraph shall not apply in the case of legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, nor shall this paragraph apply in the case of legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> chapter 95 or chapter 90 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported in<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s434">2 USC 434</ref>.</p></sidenote> accordance with the requirements of section 304(b)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>Section 301(e)(5) of the Act (2 U.S.C. 431(e)(5)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>or</quotedText>” at the end of clause (E), and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after clause (F) the following new clauses: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <chapeau>a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, hut such loans—</chapeau> <level class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>shall be reported in accordance with the requirements of section 304 (b); and</content> </level> <level class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors; or</content> </level> </clause> <clause class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>a gift, subscription, loan, advance, or deposit of money or anything of value to a national committee of a political party or a State committee of a political party which is specifically designated for the purpose of defraying any cost incurred with respect to the construction or purchase of any office facility which is not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office, except that any such gift, subscription, loan, advance, or deposit of money or anything of value, and any such cost, shall be reported in accordance with section 304(b); or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>any honorarium (within the meaning of section<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 494.</p></sidenote> 328)</content> </clause> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Section 301(e)(5) of the Act (2 U.S.C. 431 (e)(5)), as amended by subsection (d), is amended by striking out “<quotedText>individual</quotedText>” where it appears after clause (I) and inserting in lieu thereof “<quotedText>person</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <chapeau>Section 301(f)(4) of the Act (2 U.S.C. 431(f)(4)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting before the semicolon in clause (C) the following: “<quotedText>, except that the costs incurred by a membership organization, including a labor organization, or by a corporation, directly<page identifier="/us/stat/90/479">90 STAT. 479</page> attributable to a comm uni cation expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate) shall, if those costs exceed $2,000 per election, be reported to the Commission</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>or</quotedText>” at the end of clause (F) and at the end of clause (G); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting immediately after clause (H) the following new clauses: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="=I">“(I) </num> <content>any costs incurred by a candidate in connection with the solicitation of contributions by such candidate, except that this clause shall not apply with respect to costs incurred by a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 320(b), but all such costs shall be reported in accordance<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 487.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s434">2 USC 434</ref>.</p></sidenote> with section 304 (b);</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>the payment, by any person other than a candidate or political committee, of compensation for legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, or the payment for legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported under section 304 (b); or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content>a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, but such loan shall be reported in accordance with section 304(b);”.</content> </clause> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <chapeau>Section 301 of the Act (2 U.S.C. 431) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (m);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of paragraph (n) and inserting in lieu thereof a semicolon; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end thereof the following new paragraphs:<sidenote><p class="firstIndent0 fontsize8">Definitions.</p></sidenote> <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="o">“(o) </num> <content>‘Act’ means the Federal Election Campaign Act of 1971 as amended by the Federal Election Campaign Act Amendments of 1974 and the Federal Election Campaign Act Amendments of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431 note</ref>.</p></sidenote> 1976;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="p">“(p) </num> <content>‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with My candidate or any authorized committee or agent of such candidate and which is not made in concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="q">“(q) </num> <content>‘clearly identified’ means that (1) the name of the candidate appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> </section> <page identifier="/us/stat/90/480">90 STAT. 480</page> <section> <heading class="smallCaps centered">organization of political committees</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 302(b) of the Act (2 U.S.C. 432(b)) is amended by striking out “<quotedText>$10</quotedText>” and inserting in lieu thereof “<quotedText>$50</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 302(e)(2) of the Act (2 U.S.C. 432(c)(2)) is amended by striking out “<quotedText>$10</quotedText>” and inserting in lieu thereof “<quotedText>$50</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 302 of the Act (2 U.S.C. 432) is amended by striking out subsection (e) and by redesignating subsection (f) as subsection (e).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 302(e)(1) of the Act, as redesignated by subsection (c), is amended by adding at the end thereof the following new sentence: “<quotedText>Any occasional, isolated, or incidental support of a candidate shall not be construed as support of such candidate for purposes of the preceding sentence.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">reports by political committees and candidates</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 304(a)(1) of the Act (2 U.S.C. 434(a)(1)) is amended by adding at the end of subparagraph (C) the following new sentence: “<quotedText>In any year in which a candidate is not on the ballot for election to Federal office, such candidate and bis authorized committees shall only be required to file such reports not later than the tenth day following the close of any calendar quarter in which (he candidate and his authorized committees received contributions or made expenditures, or both, the total amount of which, taken together, exceed $5,000, and such reports shall be complete as of the close of such calendar quarter; except that any such report required to be filed after December 31 of any calendar year with respect to which a report is required to be filed under subparagraph (B) shall be filed as provided in such subparagraph.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 304(a)(2) of the Act (2 U.S.C. 434(a)(2)) is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each treasurer of a political committee authorized by a candidate to raise contributions or make expenditures on his behalf, other than the candidate’s principal campaign committee, shall file the reports required under this section with the candidate’s principal campaign committee.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>Section 304(b) of the Act (2 U.S.C. 434(b)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (12);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating paragraph (13) as paragraph (14);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting immediately after paragraph (12) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <content>in the case of an independent, expenditure in excess of $100 by a political committee, other than an authorized committee of a candidate, expressly advocating the election or defeat of a clearly identified candidate, through a separate schedule (A) any information required by paragraph (9) stated in a manner which indicates whether the independent expenditure involved is in support of or in opposition to, a candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and”; and</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by adding at the end thereof the following new sentence: <quotedContent> <p class="indent0 firstIndent0 fontsize10">“When committee treasurers and candidates show that best efforts have been used to obtain and submit the information required by this subsection, they shall be deemed to be in compliance with this subsection.”.</p> </quotedContent> </content> </paragraph> </subsection> <page identifier="/us/stat/90/481">90 STAT. 481</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 304(e) of the Act (2 U.S.C. 434(e)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Every person (other than a political committee or candidate)<sidenote><p class="firstIndent0 fontsize8">Statements.</p></sidenote> who makes contributions or independent expenditures expressly advocating the election or defeat of a clearly identified candidate, other than by contribution to a political committee or candidate, in an aggregate, amount In excess of $100 during a calendar year shall file with the Commission, on a form prepared by the Commission, a statement containing the information required of a person who makes a contribution in excess of $100 to a candidate or political committee and the information required of a candidate or political committee receiving such a contribution.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Statements required by this subsection shall be filed on the<sidenote><p class="firstIndent0 fontsize8">Filing.</p><p class="firstIndent0 fontsize8">Certification.</p></sidenote> dates on which reports by political committees are filed. Such statements shall include (A) the information required by subsection (b)(9), stated in a manner indicating whether the contribution or independent expenditure is in support of, or opposition to, the candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate. Any independent expenditure, including those described in subsection (h)(13), of $1,000 or more made after the fifteenth day, but more than 24 hours, before any election shall be reported within 24 hours of such independent expenditure.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Commission shall be responsible for expeditiously preparing<sidenote><p class="firstIndent0 fontsize8">Indices of expenditures.</p></sidenote> indices which set forth, on a candidate-by-candidate basis, all expenditures separately, including those reported under subsection (b)(13), made with respect to each candidate, as reported under this subsection, and for periodically issuing such indices on a timely preelection basis.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">reports by certain persons</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Title HI of the. Act (2 U.S.C. 431 et seq.) is amended by striking out section 308 thereof (2 U.S.C. 437a) and by redesignating section 309 through section 321 as section 308 through section 320,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s437b–439c/441">2 USC 437b–439c, 441</ref>.</p></sidenote> respectively.</content> </section> <section> <heading class="smallCaps centered">campaign depositories</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">The second sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(1)), as redesignated by section 105, is amended by striking out “<quotedText>a checking account</quotedText>” and inserting in lieu thereof the following: “<quotedText>a single checking account and such other accounts as the committee determines to maintain at its discretion</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">powers of commission</heading> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 310(a) of the Act (2 U.S.C. 437d(a)), as redesignated by section 105, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (8) thereof, by inserting “<quotedText>develop such prescribed forms and to</quotedText>” immediately before “<quotedText>make</quotedText>”, and by inserting immediately after “<quotedText>Act</quotedText>” the following: “<quotedText>and chapter 95 and chapter 96 of the Internal Revenue Code of 1954</quotedText>”; <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (9) thereof, by striking out “<quotedText>and sections 608</quotedText>” and all that, follows through “<quotedText>States Code;</quotedText>” and inserting in lieu thereof “<quotedText>and chapter 95 and chapter 96 of the Internal Revenue Code of 1954; and</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out paragraph (10) and redesignating paragraph (11) as paragraph (10).</content> </paragraph> </subsection> <page identifier="/us/stat/90/482">90 STAT. 482</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 310(a)(6) of the Act (2 U.S.C. 437d(a)(6)), as redesignated by section 105, is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 483.</p></sidenote> action brought under section 313(a)(9)), or appeal any civil action in the name of the Commission for the purpose of enforcing the provisions of this Act and chapter 95 anti chapter 96 of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> Internal Revenue Code of 1954, through its general counsel;”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 310 of the Act (2 U.S.C. 437d), as redesignated by section 105, is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Except as provided in section 313(a)(9), the power of the Commission to initiate civil actions under subsection (a)(6) shall be the exclusive civil remedy for the enforcement of the provisions of this Act.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">advisory opinions</heading> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 312(a) of the Act and section 312(b) of the Act (2 U.S.C. 437f(a), 437f(b)), as redesignated by section 105, are amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="312"><inline class="smallCaps">“Sec</inline>. 312. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Commission shall render an advisory opinion, in writing, within a reasonable time in response to a written request by any individual holding Federal office, any candidate for Federal office, any political committee, or the national committee of any political party concerning the application of a general rule of law stated in the Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or a general rule of law prescribed us a rule or regulation by the Commission, to a specific factual situation, Any such general rule of law not stated in the Act or in chapter 95 or chapter 96 of the Internal Revenue Code of 1954 may be initially proposed by the Commission only as a rule or regulation pursuant to the procedures established by<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 486.</p></sidenote> section 315(c). No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance, with the provisions of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding any other provision of law, any person who relies upon any provision or finding of an advisory opinion in accordance, with the provisions of paragraph (2) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of the Internal Revenue Code of 1954.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any advisory opinion rendered by the Commission under subsection (a) may be relied upon by (A) any person involved in the specific transaction or activity with respect to which such advisory-opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s437f">2 USC 437f note</ref>.</p></sidenote> <content>The Commission shall, no later than 90 days after the date of the enactment of this Act, conform the advisory opinions issued before such date of enactment to the requirements established by section 312 (a) of the Act, as amended by subsection (a) of this section. The provisions of section 312(b) of the Act, as amended by subsection (a) of this section, shall apply with respect to all advisory opinions issued before the date of the enactment of this Act as conformed to meet the requirements of section 312(a) of the Act, as amended by subsection (a) of this section.</content> </subsection> </section> <page identifier="/us/stat/90/483">90 STAT. 483</page> <section> <heading class="smallCaps centered">enforcement</heading> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content class="inline">Section 313 of the Act (2 U.S.C. 437g), as redesignated by section 105, is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“enforcement</heading> <num value="313"><inline class="smallCaps">“Sec</inline>. 313. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Any person who believes a violation of this Act<sidenote><p class="firstIndent0 fontsize8">Complaints, filing.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred may file a complaint with the Commission. Such complaint shall be in writing, shall be signed and sworn to by the person filing such complaint, and shall be notarized. Any person filing such a complaint shall be subject to the provisions of section 1001 of title 18, United States Code. The Commission may not conduct any investigation under this section, or take any other action under this section, solely on the basis of a complaint of a person whose identity is not disclosed to the Commission.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Commission, upon receiving a complaint under paragraph<sidenote><p class="firstIndent0 fontsize8">Notification and investigation.</p></sidenote> (1), and if it has reason to believe that any person has committed a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or, if the Commission, on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, has reason to believe that such a violation has occurred, shall notify the person involved of such alleged violation and shall make an investigation of such alleged violation in accordance with the provisions of this section.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Any investigation under paragraph (2) shall be conducted expeditiously and shall include an investigation, conducted in accordance with the provisions of this section, of reports and statements filed by any complainant under this title, if such complainant is a candidate.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect, to whom such investigation is made.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Commission shall afford any person who receives notice of an alleged violation under paragraph (2) a reasonable opportunity to demonstrate that no action should be taken against such person by the Commission under this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>If the Commission determines that there is reasonable cause to believe that any person has committed or is about to commit a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the Commission shall make every endeavor for a period of not less than 30 days to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved, except that, if the. Commission has reasonable cause to believe that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>any person has failed to file a report required to be filed under section 304(a)(1)(C) for the calendar quarter occurring<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 480.</p></sidenote> immediately before the date of a general election;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>any person has failed to file a report required to be filed no later than 10 days before an election; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>on the basis of a complaint filed less than 45 days but more than 10 days before an election, any person has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954;</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">the Commission shall make every effort, for a period of not less than one-half the number of days between the date upon which the Commission determines there is reasonable cause to believe such a violation<page identifier="/us/stat/90/484">90 STAT. 484</page> has occurred and the date of the election involved, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved. A conciliation agreement, unless violated, shall constitute a complete bar to any further action by the Commission, including the bringing of a civil proceeding under subparagraph (B).</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8">Civil action.</p><p class="firstIndent0 fontsize8">Penalty.</p></sidenote> <content>If the Commission is unable to correct or prevent any such violation by such informal methods, the Commission may, if the Commission determines there is probable cause to believe that a violation has occurred or is about to occur, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num><sidenote><p class="firstIndent0 fontsize8">Penalty.</p></sidenote> <content>In any civil action instituted by the Commission under subparagraph (B), the court may grant a permanent or temporary injunction, restraining order, or other order, including u civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, upon a proper showing that the person involved has engaged or is about to engage in a violation of this Act or of chapter 95 or chapter<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p><p class="firstIndent0 fontsize8">Violations, referral to Attorney General.</p><p class="firstIndent0 fontsize8"><i>Post</i>, p. 494.</p></sidenote> 96 of the Internal Revenue Code of 1954.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>If the Commission determines that there is probable cause to believe that a knowing and willful violation subject to and as defined in section 329, or a knowing and willful violation of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred or is about to occur, it may refer such apparent violation to the. Attorney General of the United States without regard to any limitations set forth in subparagraph (A).</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num><sidenote><p class="firstIndent0 fontsize8">Penalty.</p></sidenote> <subparagraph class="inline"> <num value="A">(A) </num> <content>If the Commission believes that there is clear and convincing proof that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the, person involved in such conciliation agreement shall pay a civil penalty which shall not exceed the greater of (i) $10,000; or (ii) an amount equal to 200 percent of the amount of any contribution or expenditure involved in such violation.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8">Penalty.</p></sidenote> <content>If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of (i) $5,000; or (ii) an amount equal to the amount of the contribution or expenditure involved in such violation.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The Commission shall make available to the public (i) the results of any conciliation attempt, including any conciliation agreement entered into by the Commission: and (ii) any determination by the Commission that no violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>In any civil action for relief instituted by the Commission under paragraph (5), if the court, determines that the Commission has established through clear and convincing proof that the person involved in such civil action has committed a knowing and willful<page identifier="/us/stat/90/485">90 STAT. 485</page> violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court may impose a civil penalty of not<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> more than the greater of (A) $10,000; or (B) an amount equal to 200 percent, of the contribution or expenditure involved in such violation. Tn any ease in which such person has entered into a conciliation agreement with the Commission under paragraph (5)(A), the Commission may institute a civil action for relief under paragraph (5) if it believes that such person has violated any provision of such conciliation agreement. In order for the Commission to obtain relief in any such civil action, it shall be sufficient for the Commission to establish that such person has violated, in whole or in part, any requirement of such conciliation agreement.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>In any action brought under paragraph (5) or paragraph (7),<sidenote><p class="firstIndent0 fontsize8">Subpenas.</p></sidenote> subpenas for witnesses who are required to attend a United States district court may run into any other district.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">“(9) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Any party aggrieved by an order of the Commission dismissing<sidenote><p class="firstIndent0 fontsize8">Petitions, filing.</p></sidenote> a complaint tiled by such party under paragraph (1), or by a failure on the part of the Commission to act on such complaint, in accordance with the provisions of this section within 90 days after the filing of such complaint, may file a petition with the United States District Court for the District of Columbia.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>The filing of any petition under subparagraph (A) shall be made—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>in the ease of the dismissal of a complaint by the Commission, no later than 60 days after such dismissal; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>in the case of a failure on the part of the Commission to act on such comp la rut, no later than 60 days after the 90-day period specified in subparagraph (A).</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the action, or the failure to act, is contrary to law and may direct the Commission to proceed in conformity with such declaration within 30 days, failing which the complainant may bring in his own name a civil action to remedy the violation involved in the original complaint.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>The judgment of the district court may be appealed to the<sidenote><p class="firstIndent0 fontsize8">Appeals.</p></sidenote> court of appeals and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 314).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">“(12) </num> <content>If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (5) it may petition the court for an order to adjudicate such person in civil contempt, except that if it believes the violation to be knowing and willful it may petition the court for an order to adjudicate such person in criminal contempt.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>In any case in which the Commission refers an apparent violation<sidenote><p class="firstIndent0 fontsize8">Report to the Commission.</p></sidenote> to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent, violation. Each report shall be transmitted no later than 69 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent<page identifier="/us/stat/90/486">90 STAT. 486</page><sidenote><p class="firstIndent0 fontsize8">Reports.</p></sidenote> violation. The Commission may from time to time prepare and publish reports on the status of such referrals.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><sidenote><p class="firstIndent0 fontsize8">Fines.</p></sidenote> <content>Any member of the Commission, any employee of the Commission, or any other person who violates the provisions of subsection (a)(3)(B) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subsection (a)(3)(B) shall be fined not more than $5,000.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">duties of commission</heading> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num><sidenote><p class="firstIndent0 fontsize8">Index of reports and statements.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 315(a)(6) of the Act (2 U.S.C. 438(a)(6)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, and to compile and maintain a separate cumulative index of reports and statements filed with it by political committees supporting more than one candidate, which shall include a listing of the date of the registration of any such political<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 487.</p></sidenote> committee and the date upon which any such political committee qualifies to make expenditures under section 320(a)(2), and which shall be revised on the same basis and at the same time as the other cumulative indices required under this paragraph</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 315(a)(8) of the. Act (2 U.S.C. 438(a)(8)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, and to give priority to auditing and field investigating of the verification for, and the receipt and use of, any payments received by a candidate under<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> chapter 95 or chapter 96 of the Internal Revenue Code of 1954</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section 315(c) of the Act (2 U.S.C. 438(c)), as redesignated by section 105, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting immediately after the second sentence of paragraph (2) the following new sentences: “<quotedText>Whenever a committee of the House of Representatives reports any resolution relating to any such rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding the following new paragraph at the end thereof: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num><sidenote><p class="firstIndent0 fontsize8">“Rule or regulation.”</p></sidenote> <content>For purposes of this subsection, the term ‘rule or regulation’ means a provision or series of interrelated provisions stating a single separable rule of law.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">additional enforcement authority</heading> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="firstIndent0 fontsize8">Repeal.</p></sidenote> <content class="inline">Section 407 of the Act (2 U.S.C. 456) is repealed.</content> </section> <section> <heading class="smallCaps centered">contribution and expenditure limitations; other limitations</heading> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <chapeau class="inline">Title III of the Act (2 U.S.C. 431–441) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out section 320 (2 U.S.C. 441), as redesignated by section 105; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting immediately after section 319 (2 U.S.C. 439c), as redesignated by section 105, the following new sections: <page identifier="/us/stat/90/487">90 STAT. 487</page> <quotedContent> <section> <heading class="smallCaps centered">“limitations on contributions and expenditures</heading> <num value="320"><inline class="smallCaps">“Sec</inline>. 320. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>No person shall make contributions“ <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441a">2 USC 441a</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $1,000;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year which, in the aggregate, exceed $20,00(1; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to any other political committee in any calendar year which, in the aggregate, exceed $5,000.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>No multicandidate political committee shall make contributions—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to any other political committee in any calendar year which, in the aggregate, exceed $5,000.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made to a candidate in a year other than the calendar year in which the election is held with respect to which such contribution is made, is considered to be made during the calendar year in which such election is held.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The limitations on contributions contained in paragraphs (1) and (2) do not apply to transfers between and among political committees which are national, State, district, or local committees (including any subordinate committee thereof) of the same political party. For purposes of paragraph (2), the term ‘multicandidate political<sidenote><p class="firstIndent0 fontsize8">“Multicandidate political committee.”</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s433">2 USC 433</ref>.</p></sidenote> committee’ means a political committee which has been registered under section 303 for a period of nor less than 6 months, which has received contributions from more than 50 persons, and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons, shall be considered to have been made by a single political committee, except that (A) nothing in this sentence shall limit transfers between political committees of funds raised through joint fund raising efforts; (B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions made by a single political committee established or financed or maintained or controlled by a national committee of a political party and by a single political committee established or financed or maintained or controlled by the State committee of a political party shall not be considered to have been made by a single political committee; and (C) nothing in this section shall limit the transfer of funds between the principal cam-<page identifier="/us/stat/90/488">90 STAT. 488</page>paign committee of a candidate seeking nomination or election to a Federal office and the principal campaign committee of that candidate for nomination or election to another Federal office if (i) such transfer is not made when the candidate is actively seeking nomination or election to both such offices; (ii) the limitations contained in this Act on contributions by persons are not exceeded by such transfer; and (iii) the candidate has not elected to receive any funds under<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> chapter 95 or chapter 96 of the Internal Revenue Code of 1954. In any case in which a corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish or finance or maintain or control more than one separate segregated fund, all such separate segregated funds shall be treated as a single separate segregated fund for purposes of the limitations provided by paragraph (1) and paragraph (2).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The limitations on contributions to a candidate imposed by paragraphs (1) and (2) of this subjection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to lie one election.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num> <chapeau>For purposes of this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions made to such candidate;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <clause class="inline"> <num value="i">(i) </num> <content>expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President, of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>No candidate for the office of President of the United States who is eligible under section 9003 of the Internal Revenue Code<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9003">26 USC 9003</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9003">26 USC 9033</ref>.</p></sidenote> of 1954 (relating to condition for eligibility for payments) or under section 9033 of the Internal Revenue Code of 1954 (relating to eligibility for payments) to receive payments from the Secretary of the Treasury may make expenditures in excess of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$10,000,000, in the case of a campaign for nomination for election to such office, except the aggregate of expenditures under this subparagraph in any one State shall not exceed the greater<page identifier="/us/stat/90/489">90 STAT. 489</page> of 16 cents multiplied by the voting age population of the State (as certified under subsection (e)), or $200,000; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>$20,000,000 in the case of a campaign for election to such office.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>For purposes of this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate, of such party for election to the office of President of the United States; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>an expenditure is made on behalf of a candidate, including a vice presidential candidate, if it is made by—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>an authorized committee or any other agent of the candidate for purposes of making any expenditure; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>At the beginning of each calendar year (commencing in<sidenote><p class="firstIndent0 fontsize8">Publication in Federal Register.</p></sidenote> 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register the percent difference between the price index for the 12 months preceding the beginning of such calendar year and the, price index for the base period. Each limitation established by subsection (b) and subsection (d) shall be increased by such percent difference. Each amount so increased shall be the amount in effect for such calendar year.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>For purposes of paragraph (1)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the term ‘price index’ means the average, over a calendar<sidenote><p class="firstIndent0 fontsize8">“Price index.”</p></sidenote> year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the term ‘base period’ means the calendar year 1974. <sidenote><p class="firstIndent0 fontsize8">“Base period.”</p></sidenote></content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee, of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e)). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of—</chapeau> <page identifier="/us/stat/90/490">90 STAT. 490</page> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>2 cents multiplied by the voting age population of the State (as certified under subsection (e)); or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>$20,000; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num><sidenote><p class="firstIndent0 fontsize8">Voting age population estimates, certification and publication in Federal Register.</p><p class="firstIndent0 fontsize8">“Voting age population.”</p></sidenote> <content>During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term ‘voting age population’ means resident population, 18 years of age or older.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num><sidenote><p class="firstIndent0 fontsize8">Rules.</p></sidenote> <content>The Commission shall prescribe rides under which any expenditure by a candidate for presidential nominations for use in 2 or more States shall be attributed to such candidate’s expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <content>Notwithstanding any other provision of this Act, amounts totaling not more than $17,500 may he contributed to a candidate for nomination for election, or for election, to the United States Senate during the year in which an election is held in which he is such a candidate, by the Republican or Democratic Senatorial Campaign Committee, or the national committee of a political party, or any combination of such committees.</content> </subsection> </section> <section> <heading class="smallCaps centered">“contributions or expenditures by national banks, corporations, or labor organizations</heading> <num value="321"><inline class="smallCaps">“Sec</inline>. 321. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441b">2 USC 441b</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to. Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">“Labor organization.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>For the purposes of this section the term ‘labor organization’ means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and<page identifier="/us/stat/90/491">90 STAT. 491</page> which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of this section and section 12(h) of the Public<sidenote><p class="firstIndent0 fontsize8">“Contribution or expenditure.”</p></sidenote> Utility Holding Company Act (15 U.S.C. 791(h)), the term ‘contribution or expenditure’ shall include any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or State bank made in accordance, with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section, but shall not include (A) communications by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families on any subject; (B) nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families: and ((’) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>It shall lie unlawful—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal; or by dues, fees, or other moneys required as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>for any person soliciting an employee for a contribution to such a fluid to fail to inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>it shall not be unlawful under this section for a corporation, a labor organization, or a separate segregated fund established by such corporation or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at their residence and shall be<page identifier="/us/stat/90/492">90 STAT. 492</page> so designed that the corporation, labor organization, or separate segregated fund conducting such solicitation cannot determine who makes a contribution of $50 or less as a result of such solicitation and who does not make such a contribution.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without capital stock.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicitation by more than one such trade association in any calendar year.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and executive or administrative personnel, shall also be permitted to labor organizations with regard to their members.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(6) </num> <content>Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary contributions or facilitating (he making of voluntary contributions, shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members working for such corporation, its subsidiaries, branches, divisions, and affiliates.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num><sidenote><p class="firstIndent0 fontsize8">“Executive or administrative personnel.”</p></sidenote> <content>For purposes of this section, the term ‘executive or administrative personnel’ means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policy making, managerial, professional, or supervisory responsibilities.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“contribution by government contractors</heading> <num value="322"><inline class="smallCaps">“Sec</inline>. 322. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441c">2 USC 441c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>It shall be unlawful for any person—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment, for such material, supplies, equipment, land, or building is to lie made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or</content> </paragraph> <page identifier="/us/stat/90/493">90 STAT. 493</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>knowingly to solicit any such contribution from any such person for any such purpose during any such period.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate, segregated fund by any corporation, labor organization, membership organization, cooperative, or corporation without capital stock for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 321 prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, labor organization, or separate segregated fund under section 321 applies to a corporation, labor organization, or separate segregated fund to which this subsection applies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>For purposes of this section, the term ‘labor organization’ has the meaning given it by section 321(b)(1).</content> </subsection> </section> <section> <heading class="smallCaps centered">“publication or distribution of political statements</heading> <num value="323"><inline class="smallCaps">“Sec</inline>. 323. </num> <chapeau class="inline">Whenever any person makes an expenditure for the purpose<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441d">2 USC 441d</ref>.</p></sidenote> of financing communications expressly advocating the election or defeat of a clearly identified candidate through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, such communication—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>if authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication has been authorized; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>if not authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication is not authorized by any candidate, and state the name of the person who made or financed the expenditure for the communication, including, in the case of a political committee, the name of any affiliated or connected organization required to be disclosed under section 303(b)(2). <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s433">2 USC 433</ref>.</p></sidenote></content> </paragraph> </section> <section> <heading class="smallCaps centered">“contributions by foreign nationals</heading> <num value="324"><inline class="smallCaps">“Sec</inline>. 324. </num> <subsection class="inline"> <num value="a">(a) </num> <content>It shall be unlawful for a foreign national directly<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441e">2 USC 441e</ref>.</p></sidenote> or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau>As used in this section, the term ‘foreign national’ means—<sidenote><p class="firstIndent0 fontsize8">“Foreign national.”</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 (b)), except that the term ‘foreign national’ shall not include any individual who is a citizen of the United States; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>an individual who Is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the, Immigration and Nationality Act (8 U.S.C. 1101 (a)(20)).</content> </paragraph> </subsection> </section> <page identifier="/us/stat/90/494">90 STAT. 494</page> <section> <heading class="smallCaps centered">“prohibition of contributions in name of another</heading> <num value="325"><inline class="smallCaps">“Sec</inline>. 325. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441f">2 USC 441f</ref>.</p></sidenote> <content class="inline">No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person.</content> </section> <section> <heading class="smallCaps centered">“limitation on contribution of currency</heading> <num value="326"><inline class="smallCaps">“Sec</inline>. 326. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441g">2 USC 441g</ref>.</p></sidenote> <content class="inline">No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office.</content> </section> <section> <heading class="smallCaps centered">“fraudulent misrepresentation of campaign authority</heading> <num value="327"><inline class="smallCaps">“Sec</inline>. 327. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441h">2 USC 441h</ref>.</p></sidenote> <chapeau class="inline">No person who is a candidate for Federal office or an employee or agent of such a candidate shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph</content> </paragraph> </section> <section> <heading class="smallCaps centered">“acceptance of excessive honorariums</heading> <num value="328"><inline class="smallCaps">“Sec</inline>. 328. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441i">2 USC 441i</ref>.</p></sidenote> <chapeau class="inline">No person while an elected or appointed officer or employee of any branch of the Federal Government shall accept—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>any honorarium of more than $2,000 (excluding amounts accepted for actual travel and subsistence expenses for such person and his spouse or an aide to such person, and excluding amounts paid or incurred for any agents’ fees or commissions) for any appearance, speech, or article; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>honorariums (not prohibited by paragraph (1) of this section) aggregating more than $25,000 in any calendar year.</content> </paragraph> </section> <section> <heading class="smallCaps centered">“penalty for violations</heading> <num value="329"><inline class="smallCaps">“Sec</inline>. 329. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441j">2 USC 441j</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Any person, following the date of the enactment of this section, who knowingly and willfully commits a violation of any provision or provisions of this Act which involves the making, receiving, or reposting of any contribution or expenditure having a value in the aggregate of $1,000 or more during a calendar year shall be fined in an amount which does not exceed the greater of $25,000 or 300 percent of the amount of any contribution or expenditure involved in such violation, imprisoned for not more, than 1 year, or both. In the case of a knowing and willful violation of section 321(b)(3), including such a violation of the provisions of such section as applicable through section 322(b), of section 325, or of section 326, the penalties set forth in this section shall apply to a violation involving an amount having a value in the aggregate of $250 or more during a calendar year. In the case of a knowing and willful violation of section 327, the penalties set forth in this section shall apply without, regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved.</content> </subsection> <page identifier="/us/stat/90/495">90 STAT. 495</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>A defendant in any criminal action brought for the violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, may introduce as evidence of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> his lack of knowledge of or intent to commit the offense for which the action was brought a conciliation agreement entered into between the defendant and the Commission under section 313 which specifically<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 483.</p></sidenote> deals with the act or failure to act constituting such offense and which is still in effect.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau>In any criminal action brought for a violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court before which such action is brought shall take into account, in weighing the seriousness of the offense and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the specific act or failure to act which constitutes the offense for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under section 313;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the conciliation agreement is in effect; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the defendant, is, with respect to the violation involved, in compliance with the conciliation agreement.”.</content> </paragraph> <continuation class="indent1 firstIndent0 fontsize10">authorization of appropriations</continuation> </subsection> </section> </quotedContent> </content> </paragraph> </section> <section> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content class="inline">Section 319 of the Art (2 U.S.C. 439c), as redesignated by section 105, is amended by adding at the end thereof the following sentence: “<quotedText>There are authorized to be appropriated to the Commission $6,000,000 for the fiscal year ending June 30, 1976, $1,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $6,000,000 for the fiscal year ending September 30, 1977.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">savings provision</heading> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <content class="inline">Except as otherwise provided by this Art, the repeal by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s441">2 USC 441 note</ref>.</p></sidenote> this Act of any section or penalty shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred under such section or penalty, and such section or penalty shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability.</content> </section> <section> <heading class="smallCaps centered">technical and conforming amendments</heading> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 306(d) of the Act (2 U.S.C. 436(d)) is amended by inserting immediately after “<quotedText>304(a)(1)(C),</quotedText>” the following: “<quotedText>304(c)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 310(a)(7) of the Act (2 U.S.C. 437d (a)(7)), as redesignated by section 105, is amended by striking out “<quotedText>313</quotedText>” and inserting in lieu thereof “<quotedText>312</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 9002(3) of the Internal Revenue Code of 1954 (defining<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9002">26 USC 9002</ref>.</p></sidenote> Commission) is amended by striking out “<quotedText>310(a)(1)</quotedText>” and inserting in lieu thereof “<quotedText>309(a)(1)</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 9032(3) of the Internal Revenue Code of 1954 (defining<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9032">26 USC 9032</ref>.</p></sidenote> Commission) is amended by striking out “<quotedText>310(a)(1)</quotedText>” and inserting in lieu thereof “<quotedText>309(a)(1)</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 301(e)(5)(F) of the Act (2 U.S.C. 431(e)(5)(F)) is amended by striking out. “<quotedText>the last paragraph of section 610 of title 18, United States Code</quotedText>” and inserting in lieu thereof “<quotedText>section 321(b)</quotedText>”.</content> </paragraph> <page identifier="/us/stat/90/496">90 STAT. 496</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 301(f)(4)(H) of the Act (2 U.S.C. 431 (f)(4)(II)) is amended by striking out “<quotedText>the last paragraph of section 610 of title 18, United States Code</quotedText>” and inserting in lieu thereof “<quotedText>section 321(b) </quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Section 314(a) of the Act (2 U.S.C. 437h(a)), as redesignated by section 105, is amended by striking out “<quotedText>or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code</quotedText>” in the first sentence of such subsection and by striking out “<quotedText>or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code,</quotedText>” in the second sentence of such subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 406(a) of the Act (2 U.S.C. 455(a)) is amended by striking out “<quotedText>or section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code.</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 406(b) of the Act (2 U.S.C. 455(b)) is amended by striking out “<quotedText>or section 608, 610, 611, or 613 of title 18, United States Code,</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <chapeau>Section 591 of title 18, United States Code, as amended by section 202 (c), is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>608(c) of this title</quotedText>” in paragraph (f)(4)(I) and inserting in lieu thereof “<quotedText>section 320(b) of the Federal Election Campaign Act of 1971</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>by section 608(b)(2) of this title</quotedText>” in paragraph (f)(4)(j) and inserting in lieu thereof “<quotedText>under section 320(a)(2) of the Federal Election Campaign Act of 1971</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>310(a) </quotedText>” in paragraph (k) and inserting in lieu thereof “<quotedText>309(a)</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>Section 301(h) of the Act (2 U.S.C. 431(h)) is amended by striking out “<quotedText>302(f)(1)</quotedText>” and inserting in lieu thereof “<quotedText>302(e)(1)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content>The third sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(1)), as redesignated by section 105, is amended by striking out “<quotedText>97</quotedText>” and inserting in lieu thereof “<quotedText>96</quotedText>”.</content> </subsection> </section> <num value="II">TITLE II—</num> <heading class="inline">AMENDMENTS TO TITLE 18, UNITED STATES CODE</heading> <section> <heading class="smallCaps centered">repeal of certain provisions</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Chapter 29 of title 18, United States Code, is amended by striking out sections 608, 610, 611, 612, 613, 614, 615, 616, and 617.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The table of sections for chanter 29 of title 18, United States Code, is amended by striking out the items relating to sections 608, 610, 611, 612, 613, 614, 615, 616, and 617.</content> </subsection> </section> <section> <heading class="smallCaps centered">changes in definitions</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 591 of title 18, United States Code, is amended by striking out “<quotedText>602, 608, 610, 611, 614, 615, and 617</quotedText>” and inserting in lieu thereof “<quotedText>and 602</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 591(e)(4) of title 18. United States Code, is amended by inserting immediately before the semicolon the following: “<quotedText>, except that this paragraph shall not apply in the case of legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the<page identifier="/us/stat/90/497">90 STAT. 497</page> election of a designated candidate or candidates to Federal office, nor shall this paragraph apply in the case of legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of ensuring compliance with the provisions of the Federal Election Campaign Act of 1971 or chapter 95 or chapter 96 of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9001/9031">26 USC 9001, 9031</ref>.</p></sidenote> Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported in accordance with the requirements of section 304(b) of the Federal Election Campaign Act of 1971</quotedText>”. <sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 480.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>Section 591 (f)(4) of title 18, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating clause (F) through clause (I) as clause (G) through clause (J), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting immediately after clause (E) the following new clause: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>the payment, by any person other than a candidate or political committee, of compensation for legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, or the payment for legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of ensuring compliance with the provisions of the Federal Election Campaign Act of 1971 or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported under section 304(b) of the Federal Election Campaign Act of 1971;”.</content> </clause> </quotedContent> </content> </paragraph> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">AMENDMENTS TO INTERNAL REVENUE CODE OF 1954</heading> <section> <heading class="smallCaps centered">entitlement of eligible candidates to payments</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 9004 of the Internal Revenue Code of 1954<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9004">26 USC 9004</ref>.</p></sidenote> (relating to entitlement of eligible candidates to payments) is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Expenditures From Personal Funds</inline>.—</heading> <content>In order to be eligible to receive any payment under section 9006, the candidate of a major,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9006">26 USC 9006</ref>.</p></sidenote> minor, or new party in an election for the office of President shall certify to the Commission, under penalty of perjury, that such candidate will not knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for election to the office of President in excess of, in the aggregate, $50,000. For purposes of this subsection, expenditures from personal funds made by a candidate of a major, minor, or new party for the office of Vice President shall be considered to be expenditures by the candidate of such party for the office of President.</content> </subsection> <page identifier="/us/stat/90/498">90 STAT. 498</page> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Definition of Immediate Family</inline>.—</heading> <content>For purposes of subsection (d), the term ‘immediate family’ means a candidate’s spouse, and any child, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate, and the spouses of such persons.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Effective date.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9004">26 USC 9004 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9004">26 USC 9004</ref>.</p></sidenote> <content>For purposes of applying section 9004(d) of the Internal Revenue Code of 1954, as added by subsection (a), expenditures made by an individual after January 29, 1976, and before the date of the enactment of this Act shall not be taken into account.</content> </subsection> </section> <section> <heading class="smallCaps centered">payments to eligible candidates; insufficient amounts in fund</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9006">26 USC 9006</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 9006 of the Internal Revenue Code of 1954 (relating to payments to eligible candidates) is amended by striking out subsection (b) thereof and by redesignating subsection (c) and subsection (d) as subsection (b) and subsection (c), respectively.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 9006(c) of the Internal Revenue Code of 1954 (relating to insufficient amounts in fund), as redesignated by subsection (a), is amended by adding at the end thereof the following new sentence: “<quotedText>In any case in which the Secretary or his delegate determines that there are insufficient moneys in the fund to make payments under subsection<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9008/9037">26 USC 9008, 9037</ref>.</p></sidenote> (b), section 9008(b)(3), and section 9037(b), moneys shall not be made available from any other source for the purpose of making such payments.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">provision of legal or accounting services</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9008">26 USC 9008</ref>.</p></sidenote> <content class="inline">Section 9008(d) of the Internal Revenue Code of 1954 (relating to limitation of expenditures) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="firstIndent0 fontsize8">Compensation.</p></sidenote> <heading><inline class="smallCaps">Provision of legal or accounting services</inline>.—</heading> <content>For purposes of this section, the payment, by any person other than the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services) of compensation to any individual for legal or accounting services rendered to or on behalf of the national committee of a political party shall not be treated as an expenditure made by or on behalf of such committee with respect to its limitations on presidential nominating convention expenses.”.</content> </paragraph> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">review of regulations</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9009">26 USC 9009</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 9009(c) of the Internal Revenue Code of 1954 (relating to review of regulations) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (2) thereof, by inserting immediately after the first sentence thereof the following new sentences: “<quotedText>Whenever a committee of the House of Representatives reports any resolution relating to any such rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="firstIndent0 fontsize8">“Rule or regulation.”</p></sidenote> <content>For purposes of this subsection, the term ‘rule or regulation’ means a provision or series of interrelated provisions stating a single separable rule of law.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <page identifier="/us/stat/90/499">90 STAT. 499</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section 9039(c) of the Internal Revenue Code of 1954 (relating<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9039">26 USC 9039</ref>.</p></sidenote> to review of regulations) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (2) thereof, by inserting immediately after the first sentence thereof the following new sentences: “<quotedText>Whenever a committee of the House of Representatives reports any resolution relating to any such rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>For purposes of this subsection, the term ‘rule or regulation’<sidenote><p class="firstIndent0 fontsize8">“Rule or regulation.”</p></sidenote> means a provision or series of interrelated provisions stating a single separable rule of law.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">qualified campaign expense limitation</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 9035 of the Internal Revenue Code of 1954<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9035">26 USC 9035</ref>.</p></sidenote> (relating to qualified campaign expense limitation) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the heading thereof, by striking out “<quotedText><b>LIMITATION</b></quotedText>” and inserting in lieu thereof “<quotedText><b>LIMITATIONS</b></quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>(a) <inline class="smallCaps">Expenditure Limitations</inline>.—</quotedText>” immediately before “<quotedText>No candidate</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting immediately after “<quotedText>States Code</quotedText>” the following: “<quotedText>, and no candidate shall knowingly make expenditures from his persona] funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Definition of Immediate Family</inline>.—</heading> <content>For purposes of this section,<sidenote><p class="firstIndent0 fontsize8">“Immediate family.”</p></sidenote> the term ‘immediate family’ means a candidate’s spouse, and any child, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate, anti the spouses of such persons.”</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The table of sections for chapter 96 of the Internal Revenue Code of 1954 is amended by striking out the item relating to section<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9031">26 USC 9031</ref>.</p></sidenote> 9035 and inserting hi lieu thereof the following new item: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="9035"><inline class="smallCaps">“Sec</inline>. 9035. </num> <heading>Qualified campaign expense limitations.”.</heading> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 9033(b)(1) of the Internal Revenue Code of 1954<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9033">26 USC 9033</ref>.</p></sidenote> (relating to expense limitation; declaration of intent; minimum contributions) is amended by striking out “<quotedText>limitation</quotedText>” and inserting in lieu thereof “<quotedText>limitations</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>For purposes of applying section 9035(a) of the Internal Revenue<sidenote><p class="firstIndent0 fontsize8">Effective date.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9035">26 USC 9035 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9035">26 USC 9035</ref>.</p></sidenote> Code of 1954, as amended by subsection (a), expenditures made by an individual after January 29, 1976, and before the date of the enactment of this Act shall not be taken into account.</content> </subsection> </section> <section> <heading class="smallCaps centered">return of federal matching payments</heading> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 9002(2) of the Internal Revenue Code of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9002">26 USC 9002</ref>.</p></sidenote> 1954 (defining candidate) is amended by adding at the end thereof the<page identifier="/us/stat/90/500">90 STAT. 500</page> following new sentence: “<quotedText>The term ‘candidate’ shall not include any individual who has ceased actively to seek election to the office of President of the United States or to the office of Vice President of the United States, in more than one State.</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s">26 USC 9003</ref>.</p></sidenote> <content>Section 9003 of the Internal Revenue Code of 1954 (relating to condition for eligibility for payments) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Withdrawal by Candidate</inline>.—</heading> <chapeau>In any case in which an individual ceases to be a candidate as a result of the operation of the last<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s">26 USC 9002</ref>.</p></sidenote> sentence of section 9002 (2), such individual—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>shall no longer be eligible to receive any payments under<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 498.</p></sidenote> section 9006, except that such individual shall be eligible to receive payments under such section to defray qualified campaign expenses incurred while actively seeking election to the office, of President of the United States or to the office of Vice President of the United States in more than one State; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>shall pay to the Secretary or his delegate, as soon as practicable after the date upon which such individual ceases to be a candidate, an amount equal to the amount of payments received by such individual under section 9006 which are not used to defray qualified campaign expenses.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9032">26 USC 9032</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 9032(2) of the Internal Revenue Code of 1954 (defining candidate) is amended by adding at the end thereof the following new sentence: “<quotedText>The term ‘candidate’ shall not include any individual who is not actively conducting campaigns in more than one State in connection with seeking nomination for election to be President of the United States.</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9033">26 USC 9033</ref>.</p></sidenote> <content>Section 9033 of the Internal Revenue Code of 1954 (relating to eligibility for payments) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Termination of Payments</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading> <chapeau>Except as provided by paragraph (2),<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9037">26 USC 9037</ref>.</p></sidenote> no payment shall be made to any individual under section 9037—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>if such individual ceases to be a candidate as a result of the operation of the last sentence of section 9032(2); or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>more than 30 days after the date of the second consecutive primary election in which such individual receives less than 10 percent of the number of votes cast for all candidates of the same party for the same office in such primary election, if such individual permitted or authorized the appearance of his name on the ballot, unless such individual certifies to the Commission that he will not be an active candidate in the primary involved.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Qualified campaign expenses; payments to secretary</inline>.—</heading> <content>Any candidate who is ineligible under paragraph (1) to receive any payments under section 9037 shall be eligible to continue to receive payments under section 9037 to defray qualified campaign expenses incurred before the date upon which such candidate becomes ineligible under paragraph (1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Calculation of voting percentage</inline>.—</heading> <content>For purposes of paragraph (1)(B), if the primary elections involved are held in<page identifier="/us/stat/90/501">90 STAT. 501</page> more than one State on the same date, a candidate shall be treated as receiving that percentage of the votes on such date which he received in the primary election conducted on such date in which he received the greatest percentage vote.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Reestablishment of eligibility</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>In any case in which an individual is ineligible to receive payments under section 9037 as a result of the operation<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9037">26 USC 9037</ref>.</p></sidenote> of paragraph (1)(A), the Commission may subsequently determine that such individual is a candidate upon a finding that such individual is actively seeking election to the office of President of the United States in more than one State. The<sidenote><p class="firstIndent0 fontsize8">Determination by Commission.</p></sidenote> Commission shall make such determination without requiring such individual to reestablish his eligibility to receive payments under subsection (a).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Notwithstanding the provisions of paragraph (1)(B), a candidate whose payments have been terminated under paragraph (1)(B) may again receive payments (including amounts lie would have received but for paragraph (1)(B)) if he receives 20 percent or more of the total number of votes cast for candidates of the same party in a primary election held after the date on which the election was held which was the basis for terminating payments to him.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The amendments made by this section shall take effect on the date of the<sidenote><p class="firstIndent0 fontsize8">Effective date.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9002">26 USC 9002 note</ref>.</p></sidenote> enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">technical and conforming amendments</heading> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 9008(b)(5) of the Internal Revenue Code of 1954 (relating to adjustment of entitlements) is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9008">26 USC 9008</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>section 608(c) and section 608(f) of title 18, United States Code,</quotedText>” and inserting in lieu thereof “<quotedText>section 320(b) and section 320(d) of the Federal Election Campaign Act of 1971</quotedText>”; and <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s439c">2 USC 439c</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>section 608(d) of such title</quotedText>” and inserting in lieu thereof “<quotedText>section 320(c) of such Act</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 9034(b) of the Internal Revenue Code of 1954 (relating<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9034">26 USC 9034</ref>.</p></sidenote> to limitations) is amended by striking out “<quotedText>section 608(c)(1)(A) of title 18, United States Code,</quotedText>” and inserting In lieu thereof “<quotedText>section 320(b)(1)(A) of the Federal Election Campaign Act of 1971</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 9035(a) of the Internal Revenue Code of 1954 (relating<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9035">26 USC 9035</ref>.</p></sidenote> to expenditure limitations), as redesignated by section 305(a), is amended by striking out “<quotedText>section 608(c)(1)(A) of title 18, United States Code</quotedText>” and inserting in lieu thereof “<quotedText>section 320(b)(1)(A) of the Federal Election Campaign Act of 1971</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 9004(a)(1) of the Internal Revenue Code of 1954<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9004">26 USC 9004</ref>.</p></sidenote> (relating to entitlements of eligible candidates to payments) is amended by striking out “<quotedText>608(c)(1)(B) of title 18, United States Code</quotedText>” and inserting in lieu thereof “<quotedText>320(b)(1)(B) of the Federal Election Campaign Act of 1971</quotedText>”.</content> </subsection> <page identifier="/us/stat/90/502">90 STAT. 502</page> <subsection class="indent0 fontsize10"> <num value="e">(e) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9007">26 USC 9007</ref>.</p></sidenote> <content>Section 9007(b)(3) of the Internal Revenue Code of 1954 (relating to repayments) is amended by striking out “<quotedText>9006(d)</quotedText>” and inserting in lieu thereof “<quotedText>9006(c)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s9012">26 USC 9012</ref>.</p></sidenote> <content>Section 9012(b)(1) of the Internal Revenue Code of 1954 (relating to contributions) is amended by striking out “<quotedText>9006(d)</quotedText>” and inserting in lieu thereof “<quotedText>9006(c)</quotedText>”.</content> </subsection> </section> Approved May 11, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–917 accompanying H.R. 12406 (Comm. on House Administration) and No. 94–1057 (Comm. of Conference). SENATE REPORT No. 94–677 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 15–18, 23, 24, considered and passed Senate.

Apr. 1, considered and passed House, amended, in lieu of H.R. 12406.

May 3, House agreed to conference report.

May 4, Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 20:

May 11, Presidential statement.

 Public Law 94–284: To amend the Consumer Product Safety Act to improve the Consumer Product Safety Commission, to authorize new appropriations, and for other purposes. Public Law 284 Public Law 94–284 90 Stat. 503 1976-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 503 Public Law 94–284 94th Congress
An Act To amend the Consumer Product Safety Act to improve the Consumer Product Safety Commission, to authorize new appropriations, and for other purposes.

May 11, 1976

[S. 644]

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

Consumer Product Safety Commission Improvements Act of 1976.

15 USC 2051 note.
short title Section 1. This Act may be cited as the “Consumer Product Safety Commission Improvements Act of 1976”.
authorization of appropriations Sec. 2. Section 32(a) of the Consumer Product Safety Act (15 U.S.C. 2081(a)) is amended to read as follows: “(a) There are authorized to be appropriated for the purposes of carrying out the provisions of this Act (other than the provisions of section 27(h) which authorize the planning and construction of

15 USC 2076.

 research, development, and testing facilities) and for the purpose of carrying out the functions, powers, and duties transferred to the Commission under section 30, not to exceed— “(1) $51,000,000 for the fiscal year ending June 30, 1976; “(2) $14,000,000 for the period beginning July 1, 1976, and ending September 30, 1976; “(3) $60,000,000 for the fiscal year ending September 30, 1977; and “(4) $08,000,000 for the fiscal year ending September 30, 1978.”.
limitations on jurisdiction Sec. 3. (a) Section 2(2) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471(2)) is amended by (1) striking out subparagraph (B), and (2) redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (b) Section 3(a)(1)(D) of the Consumer Product Safety Act (15 U.S.C. 2052 (a)(1)(D)) is amended by striking out “economic poisons” and inserting in lieu thereof “pesticides”. (c) Section 2(f)2 of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) is amended by inserting immediately before “but such term” the following: “nor to tobacco and tobacco products,”. (d) Section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)) is amended by (1) inserting “other” before “limitations” in the last sentence, and (2) inserting before such sentence the following: “Except for the regulation under this Act or the Federal Hazardous Substances Act of fireworks devices or any substance intended for use as a component of any such device, the Commission shall have no authority under the functions transferred pursuant to section 30 of this Act to regulate any product or article described in

15 USC 2079.

 subparagraph (E) of this paragraph or described, without regard to quantity, in section 845(a)(5) of title 18, United States Code.”. 90 STAT. 504 (e)

Manufacture or sale of firearms.

15 USC 2080 note.

 The Consumer Product Safety Commission shall make no ruling or order that restricts the manufacture or sale of firearms, firearms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms. (f) The second sentence of section 30(a) of the Consumer Product Safety Act (15 U.S.C. 2079(a)) is amended by (1) striking out “of the Administrator of the Environmental Protection Agency and”; and (2) striking out “Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Packaging Act of 1970” and inserting in lieu thereof “Federal Food, Drug, and Cosmetic Act (15

21 USC 301.

 U.S.C. 301 et seq,)”.
budget and employee provisions Sec. 4. (a) Section 4(f) of the Consumer Product Safety Act (15 U.S.C. 2053(f)) is amended by adding at the end thereof the following new paragraph: “(3) Bequests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chairman without the prior approval of the Commission.”. (b) Section 4(g) of such Act (15 U.S.C. 2053(g)) is amended by (1) striking out “full-time” in paragraph (2) and inserting in lieu thereof “regular”, and (2) adding after such paragraph the following new paragraphs: “(3) In addition to the number of positions authorized by section 5108(a) of title 5, United States Code, the Chairman, subject to the approval of the Commission, and subject to the standards and procedures

5 USC 5101 et seq.

5 USC 5332 note.

 prescribed by chapter 51 of title 5, United States Code, may place a total of twelve positions in grades GS–16, GS–17, and GS–18. “(4) The appointment of any officer (other than a Commissioner) or employee of the Commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President.”
accountability Sec. 5. (a) Section 4 of the Consumer Product Safety Act (15 U.S.C. 2053) is amended by adding at the end the following new subsection: “(i) Subsections (a) and (h) of section 2680 of title 28, United States Code, do not prohibit the bringing of a civil action on a claim against the United States which-— “(1) is based upon— “(A) misrepresentation or deceit before January 1, 1978, on the part of the Commission or any employee thereof, or “(B) any exercise or performance, or failure to exercise or perform, a discretionary function on the part of the Commission or any employee thereof before January 1, 1978, which exercise, performance, or failure was grossly negligent; and “(2) is not made with respect to any agency action (as defined in section 551(13) of title 5, United States Code). In the case of a civil action on a claim based upon the exercise or performance of, or failure to exercise or perform, a discretionary function, no judgment may be entered against the United States unless the court in which such action was brought determines (based upon consideration of all the relevant circumstances, including the statutory responsibility of the Commission and the public interest in encour-90 STAT. 505aging rather than inhibiting the exercise of discretion) that such exercise, performance, or failure to exercise or perform was unreasonable.”. (b) Section 32 of such Act (15 U.S.C. 2081) is amended by adding at the end the following new subsection: “(c) No funds appropriated under subsection (a) may be used to pay any claim described in section 4(i) whether pursuant to a judgment of a court or under any award, compromise, or settlement of such claim made under section 2672 of title 28, United States Code, or under any other provision of law.”.
sampling plans Sec. 6. Section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056 (a)) is amended by (1) inserting “(1)” immediately after “(a)”, (2) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (3) adding at the end the following new paragraph: “(2) No consumer product safety standard promulgated under this section shall require, incorporate, or reference any sampling plan. The preceding sentence shall not apply with respect to any consumer product, safety standard or other agency action of the Commission under this Act (A) applicable to a fabric, related material, or product which is subject to a flammability standard or for which a flammability standard or other regulation may be promulgated under the Flammable Fabrics Act, or (B) which is or may be applicable to glass containers.”.

15 USC 1191 note.
standards development Sec. 7. (a) The last sentence of section 7(b) of the Consumer Product Safety Act (15 U.S.C. 2056 (b)) is amended to read as follows: “An invitation under paragraph (4)(B) shall specify the period of time in which the offeror of an accepted offer is to develop the proposed standard. The period specified shall be a period ending 150 days after the date the offer is accepted unless the Commission for good cause finds (and includes such finding in the notice) that a different period is appropriate.”. (b) Section 7(e)(1) of such Act (15 U.S.C. 2056(e)(1)) is amended to read as follows: “(e) (1) If the Commission publishes a notice pursuant to subsection

Notice.

 (b) to commence a proceeding for the development of a consumer product safety standard for a consumer product and if— “(A) the Commission does not, within 30 days after the date of publication of such notice, accept an offer to develop such a standard, or “(B) the development period (specified in paragraph (3)) for such standard ends, the Commission may develop a proposed consumer product safety rule respecting such product and publish such proposed rule.”. (c) Section 7(f) of such Act (15 U.S.C. 2056(f)) is amended to read as follows: “(f) If the Commission publishes a notice pursuant to subsection

Publication in Federal Register.

 (b) to commence a proceeding for the development of a consumer product safety standard and if— “(1) no offer to develop such a standard is submitted to, or, if such an offer is submitted to the Commission, no such offer is accepted by, the Commission within a period of 60 days from the publication of such notice (or within such longer period as the90 STAT. 506 Commission may prescribe by a notice published in the Federal Register stating good cause therefor), the Commission shall— “(A) by notice published in the Federal Register terminate the proceeding begun by the subsection (b) notice, or “(B) develop proposals for a consumer product safety rule fora consumer product identified in the subsection (b) notice and within a period of 150 days (or within such longer period as the Commission may prescribe by a notice published in the Federal Register stating good cause therefor) from the expiration of the 60-day (or longer) period— “(i) by notice published in the Federal Register terminate the proceeding begun by the subsection (b) notice, or “(ii) publish a proposed consumer product safety rule; or “(2) an offer to develop such a standard is submitted to and accepted by the Commission within the 60-day (or longer) period, then not later than 210 days (or such later time as the Commission may prescribe by notice published in the Federal Register stating good cause therefor) after the date of the acceptance of such offer the Commission shall take the action described in clause (i) or (ii) of paragraph (1)(B).”.
advance payments; rent Sec. 8. (a) Section 7(d)(2) of the Consumer Product Safety Act (15 U.S.C. 2056(d)(2)) is amended by adding at the end thereof the following: “Payments under agreements entered into under this paragraph may be made without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).”. (b) Section 27(b) of such Act (15 U.S.C. 2076(b)) is amended by— (1) striking out “and” at the end of paragraph (7), and (2) redesignating paragraph (8) as paragraph (9) and inserting after paragraph (7) the following new paragraph: “(8) to lease buildings or parts of buildings in the District of Columbia, without regard to the Act of March 3, 1877 (40 U.S.C. 34), for the use of the Commission; and”.
consideration of the needs of elderly and handicapped persons Sec. 9. Section 9(b) of the Consumer Product Safety Act (15 U.S.C. 2058(b)) is amended by adding at the end the following new sentence: “In the promulgation of such a rule the Commission shall also consider and take into account the special needs of elderly and handicapped persons to determine the extent to which such persons may be adversely affected by such rule.”.
attorneys’ and expert witnesses’ fees Sec. 10. (a) Section 10(e) of the Consumer Product Safety Act (15 U.S.C. 2059(e)) is amended by adding after paragraph (3) the following new paragraph: “(4) In any action under this subsection the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees and reasonable expert witnesses’ fees. Attorneys’ fees may be awarded against the United States (or any agency or official of the United States) without regard to section 2412 of title 28, United States Code, or any other provision of law. For purposes of this90 STAT. 507 paragraph and sections 11(c), 23(a), and 24, a reasonable attorney’s15 USC 2060, 2072, 2073. fee is a fee (A) which is based upon (i) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this subsection, and (ii) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (B) which is computed at the rate prevailing for the provision of similar services with respect to actions brought, in the court which is awarding such fee.”. (b) Section 11(c) of such Act (15 U.S.C. 2060(c)) is amended by inserting after the first sentence the following: “A court may in the interest of justice include in such relief an award of the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 10(e)(4) and reasonable expert witnesses’ fees. Attorneys’ fees may be awarded against the United States (or any agency or official of the United States) without regard to section 2412 of title 28, United States Code, or any other provision of law.”. (c) Section 23(a) of such Act (15 U.S.C. 2072(a)) is amended (1) by striking out “and shall” and inserting in lieu thereof “shall”, and (2) by striking out “, and the cost of suit, including a reasonable attorney’s fee, if considered appropriate in the discretion of the court.” and inserting in lieu thereof “, and may, if the court determines it to be in the interest of justice, recover the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 10(e)(4)) and reasonable expert witnesses’ fees.”. (d) Section 24 of such Act (15 U.S.C. 2073) is amended by striking out the last sentence and inserting in lieu thereof the following: “In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 10(e)(4)) and reasonable expert witnesses’ fees,”.
civil litigation Sec. 11. (a) The third sentence of section 11(a) of the Consumer Product Safety Act (15 U.S.C. 2060 (a)) is amended to read as follows: “The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28. United States Code.”. (b) The second sentence of section 22(a) of such Act (15 U.S.C. 2071(a)) is amended by striking out “(with the concurrence of the Attorney General) ” and inserting in lieu thereof “ (without regard to section 27(b)(7)(A))”. (c) Section 27(b)(7) of such Act (15 U.S.C. 2076(b)(7)) is amended to read as follows: “(7) to— “(A) initiate, prosecute, defend, or appeal (other than to the Supreme Court of the United States), through its own legal representative and in the name of the Commission, any civil action if the Commission makes a written request to the Attorney General for representation in such civil action and the Attorney General does not within the 45-day period beginning on the date such request was made notify the Commission in writing that the Attorney General will represent the Commission in such civil action, and “(B) initiate, prosecute, or appeal, through its own legal representative, with the concurrence of the Attorney General or through the Attorney General, any criminal action, for the purpose of enforcing the laws subject to its jurisdiction;”. 90 STAT. 508 (d) Section 27(c) of such Act (10 U.S.C. 2076(c)) is amended by striking out “with the concurrence of the Attorney General” and inserting in lieu thereof “(subject to subsection (b)(7))”.
substantial product hazard Sec. 12. (a) (1) Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended by adding at the end the following: “An order under this subsection may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general headnote 2 to the Tariff Schedules of the United

77A Stat. 11.

States), or from doing any combination of such actions, the product with respect to which the order was issued.”. (2) Section 15 of such Act (15 U.S.C. 2064) is amended by adding at the end thereof the following new subsection: “(g) (1) If the Commission has initiated a proceeding under this section for the issuance of an order under subsection (d) with respect to a product which the Commission has reason to believe presents a substantial product hazard, the Commission (without regard to

15 USC 2076.

15 USC 2061.

section 27(b)(7)) or the. Attorney General may, in accordance with section 12(e) (1), apply to a district court of the United States for the issuance of a preliminary in junction to restrain the distribution in commerce of such product pending the completion of such proceeding. If such a preliminary injunction has been issued, the Commission (or the Attorney General if the preliminary injunction was issued upon an application of the Attorney General) may apply to the issuing court for extensions of such preliminary injunction. “(2) Any preliminary injunction, and any extension of a preliminary injunction, issued under this subsection with respect to a product shall be in effect for such period as the issuing court prescribes not to exceed a period which extends beyond the thirtieth day from the date of the issuance of the preliminary injunction (or, in the case of a preliminary injunction which has been extended, the date of its extension) or the date of the completion or termination of the proceeding under this section respecting such product, whichever date occurs first. “(3) The amount in controversy requirement of section 1331 of title 28, United States Code, does not apply with respect to the jurisdiction of a district court, of the United States to issue or ex end a preliminary injunction under this “subsection.”. (b) Section 19(a)(5) of such Act (15 U.S.C. 2068(h)(5)) is amended by (1) striking out “and to” and inserting in lien thereof “to”, and (2) inserting “, and to prohibited acts” after “refund”. (c) Section 22 of such Act (15 U.S.C. 2071) is amended by— (1) striking out in subsection (a) all that precedes the second sentence of such subsection and inserting in lieu thereof the following: “(a) The United States district courts shall have jurisdiction to take the following action: “(1)

15 USC 2068.

 Restrain any violation of section 19. “(2) Restrain any person from manufacturing for sale, offering for sale, distributing in commerce, or importing into the United States a product in violation of an order in effect under section 15(d). “(3)

15 USC 2064.

 Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule.”; and 90 STAT. 509 (2) striking out in subsection (b) all that precedes the second sentence of such subsection and inserting in lieu thereof the following: “(b) Any consumer product— “(1) which fails to conform with an applicable consumer product safety rule, or “(2) the manufacture for sale, offering for sale, distribution in commerce, or the importation into the United States of which has been prohibited by an order in effect under section 15(d),

15 USC 2064.

 when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such consumer product is found.”.
prohibited acts and enforcement Sec. 13. (a) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)) is amended by— (1) inserting “or fail or refuse to establish or maintain records,” immediately after “copying of records,” in paragraph (3); and (2) striking out “or” at the end of paragraph (6), striking out the period at the end of paragraph (7) and inserting in lieu thereof“; or”, and adding after paragraph (7) the following new paragraphs: “(8)

15 USC 2062.

 fail to comply with any rule under section 13 (relating to prior notice and description of new consumer products); or “(9) fail to comply with any rule under section 27(e) (relating

15 USC 2076.

to provision of performance and technical data).”. (b) Section 20(a)(1) of such Act (15 U.S.C. 2069) is amended by striking out “or (7)” and inserting in lieu thereof “(7), (8), or (9)”.
congressional review of proposed administrative actions of the commission Sec. 14. Section 27 of the Consumer Product Safety Act (15 U.S.C. 2076) is amended by adding at the end thereof the following new subsection: “(l) (1) Except as provided in paragraph (2)— “(A) the Commission shall transmit to the Committee on Commerce

Proposed safety rules and regulations; transmittal to congressional committees.

of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives each consumer product safety rule proposed after the date of the enactment of this subsection and each regulation proposed by the Commission after such date under section 2 or 3 of the Federal Hazardous Substances Act, section 3 of the Poison Prevention Packaging Act of 1970, or

15 USC 1261, 1262, 1472.

15 USC 1193.

section 4 of the Flammable Fabrics Act: and “(B) no consumer product safety rule and no regulation under a section referred to in subparagraph (A) may be adopted by the Commission before the thirtieth day after the date the proposed rule or regulation upon which such rule or regulation was based was transmitted pursuant to subparagraph (A). “(2) Paragraph (1) does not apply with respect to a regulation

Children’s toys.

under section 2(q) of the Federal Hazardous Substances Act respecting a hazardous substance the distribution of which is found under paragraph (2) of such section to present an imminent hazard or a regulation under section 3(e) of such Act respecting a toy or other article intended for use by children the distribution of which is found under paragraph (2) of such section to present an imminent hazard.”.
90 STAT. 510
information disclosure to other governmental bodies Sec. 15. Section 29 of the Consumer Product Safety Act (15 U.S.C. 2078) is amended by adding at the end thereof the following new subsection: “(e) The Commission may provide to another Federal agency or a State or local agency or authority engaged in activities relating to health, safety, or consumer protection, copies of any accident or investigation report, made tinder this Act by any officer, employee, or agent of the Commission only if (1) information which under section

15 USC 2055.

6(a) (2) is to be considered confidential is not included in any copy of such report which is provided under this subsection; and (2) each Federal agency and State and local agency and authority which is to receive under this subsection a copy of such report provides assurances satisfactory to the Commission that the identity of any injured person and any person who treated an injured person will not, without the consent of the person identified, be included in— “(A) any copy of any such report, or “(B) any information contained in any such report, which the agency or authority makes available to any member of the public. No Federal agency or State- or local agency or authority may disclose to the public any information contained in a report received by the agency or authority under this subsection unless with respect to such information the Commission has complied with the applicable requirements of section 6 (b).”.
jurisdiction under consumer product safety act Sec. 16. Section 30(d) of the Consumer Product Safety Act (15 U.S.C. 2079(d)) is amended to read as follows: “(d) A risk of injury which is associated with a consumer product and which could be eliminated or reduced to a sufficient extent by

15 USC 1261 note.

15 USC 1471 note, 1191 note.

action under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act of 1970, or the Flammable Fabrics Act may be regulated under this Act only if the Commission by rule finds that it is in the public interest to regulate such risk of injury under this Act. Such a rule shall identify the risk of injury proposed to be regulated under this Act and shall he promulgated in accordance with section 553 of title 5. United States Code; except that the period to be provided by the Commission pursuant to subsection (c) of such section for the submission of data, views, and arguments respecting the rule shall not exceed thirty days from the date of publication pursuant to subsection (b) of such section of a notice respecting the rule.”.
effect on state law Sec. 17.

15 USC 1261 note.

 (a) Section 18(b) of the Federal Hazardous Substances Act is amended to read as follows: “(b) (1) (A) Except as provided in paragraphs (2) and (3), if a hazardous substance or its packaging is subject to a cautionary

15 USC 1261, 1262.

labeling requirement under section 2(p) or 3(b) designed to protect against a risk of illness or injury associated with the substance, no State, or political subdivision of a State may establish or continue in effect a cautionary labeling requirement applicable to such substance or packaging and designed to protect against the same risk of illness or injury unless such cautionary labeling requirement is identical to the labeling requirement under section 2(p) or 3(b). 90 STAT. 511 “(B) Except as provided in paragraphs (2), (3), and (4), if under regulations of the Commission promulgated under or for the enforcement of section 2(q) a requirement is established to protect against a

15 USC 1262.

risk of illness or injury associated with a hazardous substance, no State or political subdivision of a State may establish or continue in effect a requirement applicable to such substance and designed to protect against the same risk of illness or injury unless such requirement is identical to the requirement established under such regulations. “(2) The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a requirement applicable to a hazardous substance for its own use (or to the packaging of such a substance) which requirement is designed to protect against a risk of illness or injury associated with such substance and which is not identical to a requirement described in paragraph (1) applicable to such substance (or packaging) and designed to protect against the same risk of illness or injury if the Federal, State, or political subdivision requirement provides a higher degree of protection from such risk of illness or injury than the requirement described in paragraph (1). “(3) (A) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with subparagraph (B), exempt from paragraph (1), under such conditions as may be prescribed in such regulation, any requirement of such State or political subdivision designed to protect against a risk of illness or injury associated with a hazardous substance if— “(i) compliance with the requirement would not cause the hazardous substance (or its packaging) to lie in violation of the applicable requirement described in paragraph (1), and “(ii) the State or political subdivision requirement (I) provides a significantly higher degree of protection from such risk of illness or injury than the requirement described in paragraph (1), and (II) does not unduly burden interstate, commerce. In determining the burden, if any, of a State or political subdivision requirement on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such requirement, the cost of complying with such requirement, the geographic distribution of the substance to which the requirement would apply, the probability of other States or political subdivisions applying for an exemption under this paragraph for a similar requirement, and the need for a national, uniform requirement under this Act for such substance (or its packaging). “(B) A regulation under subparagraph (A) granting an exemption

Notice; oral presentation of views.

for a requirement of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, United States Code, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation. “(4) Paragraph (1) (B) does not prohibit a State or a political subdivision of a State from establishing or continuing in effect a requirement which is designed to protect against a risk of illness or injury associated with fireworks devices or components thereof and which provides a higher degree of protection from such risk of illness or injury than a requirement in effect under a regulation of the Commission described in such paragraph. 90 STAT. 512 “(5)

“Commission.”

 As used in this subsection, the term ‘Commission’ means the Consumer Product Safety Commission.”. (b) Section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) is amended to read as follows:
“preemption “Sec. 16. (a) Except as provided in subsections (b) and (c), whenever a flammability standard or other regulation for a fabric, related material, or product is in effect under this Act, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this Act is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulat ion. “(b) The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flammability standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is designed to protect against a risk of occurrence of fire with respect to which a flammability standard or other regulation is in effect under this Act and which is not identical to such standard or other regulation if the Federal, State, or political subdivision standard or other regulation provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this Act. “(c) (1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision applicable to a fabric, related material, or product subject to a standard or other regulation in effect under this Act, if— “(A) compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this Act, and “(B) the State or political subdivision standard or other regulation (i) provides a significantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal standard or other regulation is in effect, and (ii) does not unduly burden interstate commerce. In determining the burden, if any, of a State or political subdivision flammability standard or other regulation on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such flammability standard or other regulation, the cost of complying wit h such flammability standard or other regulation, the geographic distribution of the fabric, related material, or product to which the flammability standard or other regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar flammability standard or other regulation, and the need for a national, uniform flammability standard or other regulation under this Act for such fabric, related material, or product. 90 STAT. 513 “(2) A regulation under paragraph (1) granting an exemption for

Notice; oral presentation of views.

a flammability standard or other regulation of a State or political subdivision of a State may be provided by the Commission only after it has provided, in accordance with section 553(b) of title 5, United States Code, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation. “(d) For purposes of this section—

Flammability standard or regulation.

 “(1) a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this Act includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189); and

15 USC 1191 note.

“Commission.”

 “(2) the term ‘Commission’ means the Consumer Product Safety Commission.”.
(c) Section 8 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1476) is amended (1) by striking out “Whenever” and inserting in lieu thereof “(a) Except as provided in subsections (b) and (c), whenever”, and (2) by adding at the end thereof the following: “(b) The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect, with respect to a household substance for its own use, a standard for special packaging or related requirement which is designed to protect against a risk of illness or injury with respect to which a standard for special packaging or related requirement is in effect under this Act and which is not identical to such standard or requirement if the Federal, State, or political subdivision standard or requirement provides a higher degree of protection from such risk of illness or injury than the standard or requirement in effect under this Act. “(c) (1) Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any standard for special packaging or related requirement of such State or political subdivision applicable to a household substance subject to a standard or requirement in effect under this Act if— “(A) compliance with the State or political subdivision standard or requirement would not cause the household substance to be in violation of the standard or requirement in effect under this Act, and “(B) the State or political subdivision standard or requirement (i) provides a significantly higher degree of protection from the risk of illness or injury with respect to which the. Federal standard or requirement is in effect, and (ii) does not unduly burden interstate commerce. In determining the burden, if any, of a State or political subdivision standard or requirement on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or requirement, the cost of complying with such standard or requirement, the geographic distribution of the household substance, to which the standard or requirement would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or requirement, and the need for a national, uniform standard or requirement under this Act for such household substance. “(2) A regulation under paragraph (1) granting an exemption for

Notice; oral presentation of views.

a standard or requirement of a State or political subdivision of a State 90 STAT. 514may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, United States Code, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.”. (d) Subsections (b) and (c) of section 26 of the Consumer Product Safety Act (15 U.S.C. 2075) are amended to read as follows: “(b) Subsection (a) of this section does not prevent the Federal Government or the government of any State or political subdivision of a State from establishing or continuing in effect a safety requirement applicable to a consumer product for its own use which requirement is designed to protect against a risk of injury associated with the product and which is not identical to the consumer product safety standard applicable to the product under this Act if the Federal, State, or political subdivision requirement provides a higher degree of protection from such risk of injury than the standard applicable under this Act. “(c) Upon application of a State or political subdivision of a State, the Commission may by rule, after notice and opportunity for oral presentation of views, exempt from the provisions of subsection (a) (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a consumer product subject to a consumer product safety standard under this Act if the State or political subdivision standard or regulation— “(1) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard under this Act, and “(2) does not unduly burden interstate, commerce. In determining the burden, if any of a State or political subdivision standard or regulation on interstate commerce, the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such standard or regulation, the cost of complying with such standard or regulation, the geographic distribution of the consumer product to which the standard or regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar standard or regulation, and the, need for a national, uniform standard under this Act for such consumer product.”.
title is protection Sec. 18. Section 1114 of title 18, United States Code, is amended by inserting “, the Consumer Product Safety Commission,” immediately after “Department of Health, Education, and Welfare”,
flammable fabrics act advisory committee Sec. 19. Section 17(a) of the Flammable Fabrics Act (15 U.S.C. 1204(a)) is amended by inserting after the first sentence the

Membership.

following new sentence: “The members of the. Committee who are appointed to represent manufacturers shall include representatives from (1) the natural fiber producing industry, (2) the manmade fiber producing industry, and (3) manufacturers of fabrics, related materials, apparel, or interior furnishings.”.
90 STAT. 515
flammability standards and regulations Sec. 20. (a) (1) Subsection (d) of section 4 of the Flammable Fabrics Act (15 U.S.C. 1193(d)) is amended to read as follows: “(d) Standards, regulations, and amendments to standards and regulations under this section shall be made in accordance with section 553 of title 5, United States Code, except that interested persons shall be given an opportunity for the oral presentation of data, views, or arguments in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation.”. (2) Subsection (e) (3) of section 4 of such Act is amended by adding at the end thereof the following: “The standard or regulation shall not be affirmed unless the findings required by the first sentence of subsection (b) are supported by substantial evidence on the record taken as a whole. For purposes of this paragraph, the term ‘record’ means

“Record.”

the standard or regulation, any notice published with respect to the promulgation of such standard or regulation, the transcript required by subsection (d) of any oral presentation, any written submission of interested parties, and any other information which the Commission considers relevant to such standard or regulation.”. (b) The amendments made by subsection (a) shall apply with

Effective date.

15 USC 1193 note.

15 USC 1193.

respect to standards, regulations, and amendments to standards and regulations, under section 4 of the Flammable Fabrics Act the proceedings for the promulgation of which were begun after the date of the enactment of this Act.
Approved May 11, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–325 accompanying H.R. 6844 (Comm. on Interstate and Foreign Commerce) and No. 94–1022 (Comm. of Conference). SENATE REPORT No. 94–251 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 18, considered and passed Senate.

July 28, 29, Sept. 24, 26, Oct 22, considered and passed House, amended, in lieu of H.R. 6844.

Vol. 122 (1976): Apr. 13. House agreed to conference report.

Apr. 28, Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12. No. 20 (1976): May 12, Presidential statement.

 Public Law 94–285: To amend the Water Resources planning Act (79 Stat 244) as amended. Public Law 285 Public Law 94–285 90 Stat. 516 1976-05-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 516 Public Law 94–285 94th Congress
An Act To amend the Water Resources planning Act (79 Stat 244) as amended.

May 12, 1976

[H.R. 11876]

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

Water Resources Planning Act, appropriation authorization.

42 USC 1962d.
That the Water Resources Planning Act of 1965 (79 Stat. 244, as amended) is hereby further amended by deleting, in section 401(b), the words “not to exceed $1,500,000” and inserting in lieu thereof the words “not to exceed $2,000,000”.
Sec. 2. Section 306 of the Water Resources Planning Act (79 Stat. 244, 253; 42 U.S.C. 1962c–5) is amended by deleting “or the Virgin Islands.” and interesting in lieu thereof “the Virgin Islands or Guam.”.
Approved May 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–983 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–768 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 5, considered and passed House.

May 3, considered and passed Senate.

 Public Law 94–286: To amend chapter 39 of title 10, United States Code, to enable the President to authorize the involuntary order to active duty of Selected Reservists, for a limited period, whether or not a declaration of war or national emergency has been declared. Public Law 286 Public Law 94–286 90 Stat. 517 1976-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 517 Public Law 94–286 94th Congress
An Act To amend chapter 39 of title 10, United States Code, to enable the President to authorize the involuntary order to active duty of Selected Reservists, for a limited period, whether or not a declaration of war or national emergency has been declared.

May 14, 1976

[S. 2115]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 39 of

Armed Forces.

Selected Reserve, involuntary order to active duty.

title 10, United States Code, is amended by inserting the following new section after section 673a and inserting a corresponding item in the chapter analysis:
Ҥ 673b. Selected Reserve; order to active duty other than during war or national emergency

10 USC 673b.

 “(a) Notwithstanding the provisions of section 673(a) or any other provision of law, when the President determines that it is necessary to augment the active forces for any operational mission, he may authorize the Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve (as defined in section 268(b) of this title), under their respective jurisdictions, to active duty (other than for training) for not more than 90 days, “(b) No unit or member of a Reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or section 3500 or 8500 of this title, or to

10 USC 331, 3500, 8500.

provide assistance to either the Federal Government or a State, in time of a serious natural or manmade disaster, accident, or catastrophe. “(c) Not more than 50,000 members of the Selected Reserve may be on active duty under this section at any one time. “(d) Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or members in grade under this title or any other law. “(e) The Secretary of Defense and the Secretary of Transportation

Policies and procedures.

shall prescribe such policies and procedures for the Armed Forces under their respective jurisdictions as they consider necessary to carry out this section. “(f) Whenever the President authorizes the Secretary of Defense

Report to Congress.

or the Secretary of Transportation to order any unit or member of the Selected Reserve to active duty, under the authority of subsection (a), he shall, within 24 horn’s after exercising such authority, submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of these units or members. “(g) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit is ordered to active duty under authority of subsection (a), 90 STAT. 518the service of all units or members so ordered lo active duty may be terminated by— “(1) order of the President, or “(2) a concurrent resolution of the Congress. “(h) Nothing contained in this section shall be construed as amending or limiting the application of the provisions of the War Powers Resolution.”.
Sec. 2. Section 2024 of title 38, United States Code, is amended by adding the following new subsection after subsection (i): “(g)

Reemployment rights.

 Any member of a Reserve component of the Armed Forces of the United States who is ordered to active duty for not more than 90 days under section 673b of title 10, United States Code, whether oi‘ not voluntarily, shall be entitled to all reemployment rights and benefits provided under subsection (c) of this section for persons ordered to an initial period of active duty for training of not less than three consecutive months; and shall have the service limitation governing eligibility for reemployment rights under subsections (a) and (b)(1) of this section extended by his period of such active duty.”
Approved May 14, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1069 (Comm. on Armed Services). SENATE REPORT No. 94–562 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 122 (1976):

Jan. 26, considered and passed Senate.

May 3, considered and passed House.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 21

May 14, Presidential statement.

 Public Law 94–287: To authorize the erection of a statue of Bernardo de Galvez on public grounds in the District of Columbia. Public Law 287 Public Law 94–287 90 Stat. 519 1976-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 519 Public Law 94–287 94th Congress
An Act To authorize the erection of a statue of Bernardo de Galvez on public grounds in the District of Columbia.

May 21, 1976

[S. 3031]

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

Bernardo de Galvez.

Statue, erection in D.C

of the Interior shall select an appropriate site for the location of a statue, including pedestal therefor, of Bernardo de Galvez, a gift of the Government of Spain in recognition of the Bicentennial celebrations of the United States of America and as a token of the friendship that exists between the people of Spain and the people of the United States. Such statue shall be erected on grounds now owned by the United States of America in the District of Columbia if (1) the choice of the site and the design of the statue is approved by the Commission of Fine Arts and the National Capital Planning Commission, and (2) the erection of the statue is begun within five years after the date of the enactment of this Act. The erection of the statue and proper landscape treatment of the site, including walks, shall be without expense to the United States of America, except for necessary maintenance after completion.
Approved May 21, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–775 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 5, considered and passed Senate.

May 10, considered and passed House, in lieu of H.R. 6844.

 Public Law 94–288: To amend the Rehabilitation Act of 1913 to provide that the center for deaf-blind youths and adults established by such Act shall be known as the Helen Keller National Center for Deaf-Blind Youths and Adults. Public Law 288 Public Law 94–288 90 Stat. 520 1976-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 520 Public Law 94–288 94th Congress
An Act To amend the Rehabilitation Act of 1913 to provide that the center for deaf-blind youths and adults established by such Act shall be known as the Helen Keller National Center for Deaf-Blind Youths and Adults.

May 21, 1976

[H.R. 12018]

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

Helen Keller National Center for Deaf-Blind Youths and Adults.

Designation.
That (a) section 305 of the Rehabilitation Act of 1973 (29 U.S.C. 775), hereinafter in this Act referred to as the “Act”, is amended by inserting “Helen Keller” immediately before “National Center” each place it appears therein. (b) The second sentence of section 305(c) of the Act (29 U.S.C. 775 (c)) is amended by striking out “such” the second place it appears therein and inserting in lieu thereof “the Helen Keller National.”
Sec. 2. The heading for section 305 of the Act (29 U.S.C. 775) is amended to read as follows: “helen keller national center for deaf-blind youths and adults”.
Approved May 21, 1976.
LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976):

May 3, considered and passed House.

May 6, considered and passed Senate.

 Public Law 94–289: To provide for adjusting the amount of interest paid on funds deposited with the Treasury of the United States by the Library of Congress Trust Fund Board. Public Law 289 Public Law 94–289 90 Stat. 521 1976-05-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 521 Public Law 94–289 94th Congress
An Act To provide for adjusting the amount of interest paid on funds deposited with the Treasury of the United States by the Library of Congress Trust Fund Board.

May 22, 1976

[S. 2619]

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

Library of Congress trust fund deposits.

Interest adjustment.
That section 2 of the Act of March 3, 1925, chapter 423, as renumbered by the Act of April 13, 1936, chapter 213 (2 U.S.C. 158), is amended by striking out “the rate of 4 per centum per annum,” and inserting in place thereof “a rate which is the higher of the rate of 4 per centum per annum or a rate which is 0.25 percentage points less than a rate, determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding long-term marketable obligations of the United States, adjusted to the nearest one-eighth of 1 per centum,”.
Approved May 22, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–737 accompanying H.R. 6844 (Comm. on House Administration). SENATE REPORT No. 94–489 (Comm. on Rules and Administration). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 1, considered and passed Senate.

Vol. 122 (1976): Feb. 2, considered and passed House, amended, in lieu of H.R. 6844,

Mar. 16, Senate concurred in House amendment with an amendment.

May 10, House concurred to Senate amendment.

 Public Law 94–290: To provide for adjusting the amount of Interest paid on funds deposited with the Treasury of the United States pursuant to the Act of August 20, 1912 (37 Stat. 319). Public Law 290 Public Law 94–290 90 Stat. 522 1976-05-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 522 Public Law 94–290 94th Congress
An Act To provide for adjusting the amount of Interest paid on funds deposited with the Treasury of the United States pursuant to the Act of August 20, 1912 (37 Stat. 319).

May 22, 1976

[S. 2620]

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

Gertrude M. Hubbard trust fund deposits.

Interest adjustment.
That section 3 of the Act entitled “An Act to accept and fund the bequest of Gertrude M. Hubbard”, approved August 20, 1912 (37 Stat. 320) is amended to read as follows;
“Sec. 3. In compliance with said conditions the principal of the sum so received and paid into the Treasury of the United States shall be credited on the books of the Treasury Department as a perpetual trust fund; and the Secretary of the Treasury shall thereafter credit such deposit with interest, semiannually, at a rate which is the higher of (1) a rate which is 0.25 percentage points less than a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding long-term marketable obligations of the United States, adjusted to the nearest one-eighth of 1 per centum, or (2) the rate of 4 per centum per annum; and such interest, as income, shall be subject to disbursement for the purposes herein authorized and as provided in the said bequest.”.
Approved May 22, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–738 accompanying H.R. 6844 (Comm. on House Administration). SENATE REPORT No. 94–488 (Comm. on Rules and Administration). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 1, considered and passed Senate.

Vol. 122 (1976): Feb. 2, considered and passed House, amended, in lieu of H.R. 6844.

Mar. 16, Senate concurred in House amendment with an amendment

May 10, House concurred in Senate amendment.

 Public Law 94–291: To authorize appropriations to the Nuclear Regulatory Commission In accordance with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization A et of 1674, as amended, and for other purposes. Public Law 291 Public Law 94–291 90 Stat. 523 1976-05-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 523 Public Law 94–291 94th Congress
An Act To authorize appropriations to the Nuclear Regulatory Commission In accordance with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization A et of 1674, as amended, and for other purposes.

May 22, 1976

[S. 3107]

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

Nuclear Regulatory Commission. Appropriation authorization.

42 USC 2017.

42 USC 5875.
Sec. 101. There is hereby authorized to be appropriated to the Nuclear Regulatory Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization Act of 1974, as amended; for salaries and expenses, $274,300,000 to remain available until expended.
Sec. 102. Moneys received by the Commission for the cooperative

Moneys for research programs, use.

nuclear safety research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended. Funds may be obligated for purposes stated in this section only to the extent provided in appropriation Acts.
Sec. 103. Transfers of sums from salaries and expenses may be

Transfer of sums.

made to other agencies of the Government for the performance of the work for which the appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred.
amendments to prior tear act Sec. 104. (a) Title I of Public Law 94–79 is amended by adding

89 stat. 413.

section 102 to read as follows: “Moneys received by the Commission for the cooperative nuclear research program may be retained and used for salaries and expenses associated with that program, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended. Funds may be obligated for purposes stated in this section only to the extent provided in appropriation Acts.”. (b) Section 101 of Public Law 94–79 is amended by adding the phrase “and shall remain available until expended” after the words “September 30, 1976”.
Approved May 22, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1079 accompanying H.R. 12387 (Joint Comm. on Atomic Energy). SENATE REPORT No. 94–772 (Joint Comm. on Atomic Energy). CONGRESSIONAL RECORD, Vol. 122 (1976);

May 5, considered and passed Senate.

May 10, considered and passed House, in lieu of H.R. 12387.

 Public Law 94–292: To raise the limitation on appropriations for the United States Commission on Civil Rights. Public Law 292 Public Law 94–292 90 Stat. 524 1976-05-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 524 Public Law 94–292 94th Congress
An Act To raise the limitation on appropriations for the United States Commission on Civil Rights.

May 27, 1976

[H.R. 8957]

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

Civil Rights Commission Authorization Act of 1976.

42 USC 1975e note.
That this Act may be cited as the “Civil Rights Commission Authorization Act of 1976”.
Sec. 2. Section 106 of the Civil Rights Act of 1957 (42 U.S.C. 1975e) is amended to read as follows:
“Sec. 106. For the purposes of carrying out this Act, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1976, the sum of $7,893,000, and for the period beginning July 1, 1976, and ending September 30, 1976, the sum of $1,993,000, and for the fiscal year ending September 30, 1977, the sum of $9,540,000, and such additional amounts for those fiscal years and period prior to October 1, 1977, as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law which arise subsequent to the date of the enactment of the Civil Rights Commission Authorization Act of 1976.”.
Approved May 27, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–811 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 5, considered and passed House.

May 13, considered and passed Senate.

 Public Law 94–293: To amend the Domestic Volunteer Service Act of 1973 to extend the operation of certain programs by the ACTION Agency. Public Law 293 Public Law 94–293 90 Stat. 525 1976-05-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 525 Public Law 94–293 94th Congress
An Act To amend the Domestic Volunteer Service Act of 1973 to extend the operation of certain programs by the ACTION Agency.

May 27, 1976

[H.R. 12216]

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

Domestic Volunteer Service Act Amendments of 1976.

42 USC 4951 note.

42 USC 4974.

42 USC 4972.

be cited as the “Domestic Volunteer Service Act Amendments of 1976”
Sec. 2. Section 114(a) of the Domestic Volunteer Service Act ol 1973 (hereinafter in this Act referred to as the “Act”) is amended by inserting at the end thereof the following new sentence: “In any fiscal year in which the funds appropriated for the purposes of the University Year for ACTION program under section 112 exceed $6,700,000, the limitation provided in the preceding sentence shall not apply with respect to that portion of such appropriation which exceeds $6,700,000.”.
Sec. 3. (a) Section 122(c) of the Act is amended by adding at the

42 USC 4992.

end thereof the following new sentence: “The Director is authorized to undertake and support volunteer service programs, and to recruit, select, and train volunteers to carry out the purpose of this part.”. (b) (1) Part C of title I of the Act is amended by adding at the end thereof the following new section:
“technical and financial assistance for improvement of volunteer programs “Sec. 123. The Director may provide technical and financial assistance

42 USC 4993.

to Federal agencies, State and local governments and agencies, and private nonprofit organizations, which utilize or desire to utilize volunteers in connection with carrying out the purpose of this part. Such assistance may be used to facilitate and improve (1) methods of recruiting, training, or utilizing volunteers, or (2) the administration of volunteer programs. In providing such technical and financial assistance, the Director shall utilize, to the maximum extent feasible, existing programs, and shall seek to avoid duplication of existing programs in the public or private sectors.”.
(2) The table of contents for the Act is amended by inserting immediately after the item relating to section 122 the following new item: “Sec. 123.
Sec. 4. (a) (1) Part A of title I of the Act is amended by adding at the end thereof the following new section;
“limitations “Sec. 108. Of funds appropriated for the purpose of this part under

42 USC 4958.

42 USC 5081.

section 501, not more than 20 per centum for the fiscal year ending September 30, 1977, and for each fiscal year thereafter, may be obligated for the direct cost of supporting volunteers in programs or projects carried out pursuant to grants and contracts made under section 402(12).”.

42 USC 5042.
90 STAT. 526 (2) The table of contents for the Act is amended by inserting immediately after the item relating to section 107 the following new item: “Sec. 108. (b)

42 USC 5042.

 Section 402(12) of the Act is amended by striking out “(except for volunteers serving under part A of title I thereof)” and inserting in lieu thereof “(except as provided in section 108).” (c)

Effective date.

42 USC 4958 note.

 The amendments made by subsection (a) and subsection (b) of this section shall be effective on October 1, 1976, and shall not apply to any agreement for the assignment of volunteers entered into before such date during the period of any such agreement.
Sec. 5.

42 USC 5045.

 (a) Section 405 of the Act is amended by adding at the end thereof the following new subsection: “(d) In the event that a National Advisory Council to the ACTION Agency is established by administrative action after January 1, 1976, the provisions of subsections (a), (b), and (e) of this section shall apply to any such Council.”. (b)

Repeal.

42 USC 5053.

 (1) Title TV of the Act is amended by striking out section 413. (2) The table of contents for the Act is amended by striking out the item relating to section 413.
Sec. 6.

42 USC 5081.

 (a) Section 501(a) of the Act is amended by striking out “and” immediately after “June 30, 1975,” and by inserting immediately after “June 30, 1976,” the following: “September 30, 1977, and September 30, 1978,”. (b)

42 USC 5083.

 Section 503 of the Act is amended by striking out “and” immediately after “June 30, 1975,” and by inserting nnmediately after “June 30, 1976,” the following: “September 30, 1977, and September 30, 1978,”. (c)

42 USC 5084.

 Section 504 of the Act is amended by striking out “and” immediately after “June 30, 1975,” and by inserting immediately after “June 30, 1976,” the following: “September 30, 1977, and September 30, 1978,”.
Sec. 7.

42 USC 5011.

 Section 211 of the Act is amended by adding at the end thereof the following new subsections: “(c)

Person-to-person services to children.

 (1) Any public or private nonprofit agency or organization responsible for providing person-to-person services to a child in a project carried out under subsection (a) of this section shall have the usive authority to determine, pursuant to the provisions of paragraph (2) of this subsection— “(A) which children may receive supportive person-to-person services under such project; and “(B) the period of time during which such services shall be continued in the case of each individual child. “(2) In the event that such an agency or organization determines that it is in the best interests of a mentally retarded child receiving, and of a particular foster grandparent providing, services in such a project, such relationship may be continued after the child reaches the chronological age of 21: Provided, That such child was receiving such services prior to attaining the chronological age of 21. 90 STAT. 527 “(3) Any determination made by a public or nonprofit private agency or organization under paragraphs (1) and (2) of this subsection shall be made through mutual agreement by all parties involved with respect to the provision of services to the child involved. “(d) For the purposes of this section, the terms ‘child’ and ‘children’

“Child” and “children.”

mean any individual or individuals who are less than 21 years of age.”.
Approved May 27, 1976.
LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol, 122 (1976):

May 4, considered and passed House.

May 13, considered and passed Senate.

 Public Law 94–294: To enable cattle producers to establish, finance, and carry out a coordinated program of research, producer and consumer information, and promotion to Improve, maintain, and develop markets for cattle, beef, and beef products. Public Law 294 Public Law 94–294 90 Stat. 529 1976-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 529 Public Law 94–294 94th Congress
An Act To enable cattle producers to establish, finance, and carry out a coordinated program of research, producer and consumer information, and promotion to Improve, maintain, and develop markets for cattle, beef, and beef products.

May 28, 1976

[H.R. 7656]

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

Beef Research and Information Act.

7 USC 2901 note.

be known as the “Beef Research and Information Act”,
legislative findings and declaration of policy Sec. 2.

Beef constitutes one of the basic, natural foods in the diet.

7 USC 2901.

It is produced by many individual cattle producers throughout the United States. Cattle, beef, and beef products move in interstate and foreign commerce and those which do not move in such channels of commerce directly burden or affect interstate commerce of cattle, beef, and beef products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of cattle producers and those concerned with marketing, using, and processing beef as well as the general economy of the Nation. The production and marketing of cattle, beef, and beef products by numerous individual persons in the cattle and beef industry have prevented the development and carrying out of adequate and coordinated programs of research, information, and promotion necessary for the maintenance of markets and the development, of new products of, and markets for cattle, beef, or beef products. Without an effective and coordinated method for assuring cooperative and collective action in providing for and financing such programs, individual cattle producers are unable to provide, obtain, or carry out the research, consumer and producer information, and promotion necessary to maintain and improve markets for cattle, beef, and beef products.

It has long been recognized that it is in the public interest to provide an adequate, steady supply of high quality beef and beef products readily available to the consumers of the Nation. Maintenance of markets and the development of new markets, both domestic and foreign, are essential to the cattle industry if the consumers of beef and beef products are to be assured of an adequate, steady supply of such products at reasonable prices.

It is therefore declared to be the policy of the Congress and the purpose of this Act that it is essential and in the public interest, through the exercise of the powers provided herein, to authorize and enable the establishment of an orderly procedure for the development and the financing through an adequate assessment of an effective and continuous coordinated program of research, consumer information, producer information, and promotion designed to strengthen the cattle and beef industry’s position in the marketplace, and maintain and expand domestic and foreign markets and uses for United States beef. Nothing in this Act shall be construed to mean, or provide for, control of production or otherwise limit the right of individual cattle producers to produce cattle or beef.
90 STAT. 530
definitions Sec. 3.

7 USC 2902.

 As used in this Act— (a) The term “Secretary” means the Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead. (b) The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (c) The term “cattle” means live domesticated bovine quadrupeds. (d) The term “beef” means the flesh of cattle. (e) The term “beef products” means products produced in whole or in part from cattle, exclusive of milk and products made therefrom. (f) The term “producer” means any person who owns or acquires ownership of cattle: Provided, That a person shall not be considered to be a producer if his only share in the proceeds of a sale of cattle or Leef is a sales commission, handling fee, or other service fee. (g) The term “producer-buyer” means a producer who buys cattle. (h) The term “producer-seller” means a producer who sells cattle. (i) The term “United States” means the fifty States of the United States of America and the District of Columbia. (j) The term “promotion” means any action to advance the image or desirability of beef and beef products. (k) The term “research” means any type of research to advance the desirability, marketability, production, or quality of cattle, beef, and beef products. (l) The term “consumer information” means facts, data, and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparation, and utilization of beef and beef products. (m) The term “producer information” means facts, data, and other information that will assist producers in making decisions that lead to increased efficiency, lower cost of production, a stable supply of cattle, and the development of new markets. (n) The term “marketing” means the sale or other disposition of cattle, beef, or beef products, in any channel of commerce. (o) The term “commerce” means interstate, foreign, or intrastate commerce. (p) The term “transaction” means the transfer of ownership of cattle or beef through a sale, trade, or other means of exchange. (q) The term “slaughterer” means any person, specified in the order or the rules and regulations issued thereunder, who slaughters cattle, including cattle of his own production.
beef research and promotion order Sec. 4.

7 USC 2903.

 To effectuate the declared policy of this Act, the Secretary shall, subject to the provisions of this Act, issue and from time to time amend an order applicable to producers and slaughterers. Such an order shall be applicable to all areas in the United States.
notice and hearing Sec. 5.

7 USC 2904.

 Whenever the Secretary has reason to believe that the issuance of an order will tend to effectuate the declared policy of this Act, he shall give due notice and opportunity for hearing upon a proposed order. Such hearing may be requested and proposal for an order submitted by an organization certified pursuant to section 15 of this 90 STAT. 531Act, or by any interested person affected by the provisions of this Act, including the Secretary.
finding and issuance of an order Sec. 6. After notice and opportunity for hearing as provided in

Notice and hearing.

7 USC 2905.

section 5, the Secretary shall issue an order if he finds, and sets forth in such order, upon the evidence introduced at such hearing, that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this Act.
permissive terms in order Sec. 7. Any order issued pursuant to this Act shall contain one or

7 USC 2906.

more of the following terms and conditions, and except as provided in section 8, no others: (a) Providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for advertising, promotion, producer information, and consumer information with respect to the use of cattle, beef, or beef products and for the disbursement of necessary funds for such purposes: Provided, however, That any such plan or project shall be directed toward increasing the general demand for cattle, beef, or beef products. No reference to a private brand or trade name shall be made if the Secretary determines that such reference will result in undue discrimination against the cattle, beef, or beef products of other persons. No such advertising, consumer education, or sales promotion programs shall make use of false or misleading claims in behalf of cattle, beef, or beef products, or false or misleading statements with respect to quality, value, or use of any competing product. (b) Providing for, establishing, and carrying on research, market development projects, and studies with respect, to sale, distribution, marketing, utilization, or production of cattle, beef, or beef products, and the creation of new products thereof, to the end that the production, marketing, and utilization of cattle, beef, or beef products may be encouraged, expanded, improved, or made more acceptable, and the data collected by such activities may be disseminated, and providing for the disbursement of necessary funds for such purposes. (c) Providing that slaughterers shall maintain and make available

Slaughterers, record maintenance.

for the inspection such books and records as may be required by any order oi‘ regulations issued pursuant to this Act and for the filing of reports by such persons at the time, in the manner, and having content prescribed by the order or regulations to the end that information and data shall be made available to the Beef Board and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of the Act, or of any order or regulation issued pursuant, to this Act: Provided, however, That all information so

Confidential information.

obtained shall lie kept, confidential by all officers and employees of the Department of Agriculture and of the Beef Board, and by all officers and employees of contracting agencies having access to such information, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Secretary, or to which he or any officer of the United States is a party, and involving the order with reference to which the information so to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit (1) the issuance of general statements based upon the reports of the number of persons subject to an order or 90 STAT. 532statistical data collected therefrom, which statements do not identify the information furnished by any person, (2) the publication of general statements relating to refunds made by the Beef Board during any specific period, which statements do not identify any person to whom refunds are made, or (3) the publication by direction of the Secretary of the name of any person violating any order, together with a statement of the particular provisions of the order violated by such

Penalty.

person. Any such officer or employee violating the provision of the subsection shall, upon conviction, be subjected to a fine of not more than $1,000 or to imprisonment for not more than one .year, or to both, and if an officer or employee of the Beef Board or the Department of Agriculture, he shall be removed from office. (d) Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this Act and necessary to effectuate the other provisions of such order,
required terms in order Sec. 8.

7 USC 2907.

 Any order issued pursuant to this Act shall contain the following terms and conditions; (a)

Beef Board.

Establishment.

 Providing for the establishment and appointment, by the Secretary, of a Beef Board which shall consist of not more than sixty-eight members, and alternates therefor, and defining its powers and duties which shall include only the powers (1) to administer such order in accordance with its terms and provisions, (2) to make rules and regulations to effectuate the terms and provisions of such order, (3) to receive, investigate, and report to the Secretary complaints of violations of such order, (4) to recommend to the Secretary

Term.

amendments to such order. The term of an appointment to the Beef Board shall be for three years with no member serving more than six consecutive years, except that initial appointment shall be proportionately for one, two, and three years: Provided, That the Beef Board shall appoint from its members an executive committee, consisting of not less than seven nor more than eleven members who are broadly representative of the industry, with authority to employ a staff and conduct routine business within the policies determined by the Beef Board. (b) Providing that the Beef Board, and alternates therefor, shall be composed of cattle producers appointed by the Secretary from nominations submitted by eligible producer organizations, associations, general farm organizations, or cooperatives, within the geographic area, and certified pursuant to section 15, or, if the Secretary determines that substantial number of producer’s are not members of or their interests are not represented by any such eligible organizations, associations, or cooperatives, from nominations made by such producers in the manner authorized by the Secretary so that the representation of producers on the Board shall reflect, to the extent practicable, the proportion of cattle produced in each geographic area of the United States as defined by the Secretary: Provided, That the Beef Board shall from time to time, with the approval of the Secretary, redesignate representation on the Beef Board so as to reflect the proportion of cattle in each geographic area: Provided, however, That each such designated geographic area shall be entitled to at least one representative on the Beef Board. (c) Providing that the Beef Board shall, subject to the provisions of subsection (g) of this section, develop and submit to the Secretary for his approval any advertising, sales promotion, consumer information, producer information, research, and development plans or proj-90 STAT. 533ects, and that any such plan or project must be approved by the Secretary before becoming effective. (d) Providing that the Beef Board shall, subject to the provisions

Budgets, submittal to Secretary and congressional committees.

of subsection (g) of this section, submit to the Secretary for his approval budgets on a fiscal period basis of its anticipated expenses and disbursements in the administration of the order, including probable costs of advertising, promotion, producer information, consumer information, research, and development projects. The Beef Board shall also submit copies of such budgets to the House Committee on Agriculture and the Senate Committee on Agriculture and Forestry. (e) Providing, that— (1) In each transaction where a producer sells or otherwise transfer’s ownership of cattle to any other producer, each such producer-seller shall pay to the producer-buyer and each producer-buyer shall collect from the producer-seller an assessment based on the value of the cattle involved in the transaction. Each producer who sells to a slaughterer or otherwise arranges for the slaughter of his cattle shall pay to the slaughterer and the slaughterer shall collect from such producer an assessment based on the value of the cattle involved. The slaughterer shall remit assessment (s) collected to the Beef Board in the manner prescribed by the order or the regulations issued thereunder, including any assessment(s) due at time of slaughter on cattle of his own production. In the event no sales transaction occurs at the point, of slaughter, a fair value shall be attributed to the cattle at the time of slaughter for the purposes of determining the assessment: Provided, That the Beef Board may exempt from or vary the assessment on transactions of breeding animals or classes of breeding animals until time of slaughter: Provided further, That cattle slaughtered for his own home consumption by a producer who has been the sole owner of such cattle shall not be subject to assessments provided in this Act: Provided further, That the Beef Board may collect directly from any producer any assessments that he collected under the provisions of this Act, which are not passed along in the usual manner due to the loss in value of the cattle. (2) The rate of assessment shall be as prescribed by the order except the aggregate rate shall not exceed one-half of 1 percent and shall provide for such expenses and expenditures, including provision for a reasonable reserve, and any referendum and administrative costs incurred by the Secretary under this Act, as the Secretary finds are reasonable, and likely to be incurred By the Beef Board under the order during any period specified by him. (3) To facilitate the collection of assessments, the Beef Board may specify different procedures for slaughterers, or classes of slaughterers, to recognize differences in marketing practices or procedures utilized in the industry. (4) The Secretary may maintain a suit against any person subject to the order for the collection of such assessment and the several district courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy. (f) Providing that the Beef Board shall maintain such books and

Record maintenance; reports to Secretary.

records and prepare and submit such reports from time to time to the 90 STAT. 534Secretary as lie may prescribe, and for appropriate accounting by the Beef Board with respect to the receipt and disbursement of all funds entrusted to it. (g)

Contracts or agreements.

 Providing that the Beef Board, with the approval of the Secretary, may enter into contracts or agreements for development and carrying out the activities authorized under the order pursuant to section 7 (a) and (b) and for the payment of the cost thereof with funds collected pursuant to the order. Any such contract or agreement shall provide that such contractors shall develop and submit to the Beef Board a plan or project together with a budget or budgets which shall show estimated costs to be incurred for such plan or project, and that any such plan or project shall become effective upon the approval of the Secretary, and further, shall provide that the contracting parties shall keep accurate records of all of their activities and make periodic reports to the Beef Board of activities carried out and an accounting for funds received and expended, and such other reports as the Secretary may require. (h) Providing that no funds collected by the Beef Board under the order shall in any manner lie used for the purpose of influencing governmental policy or action, except as provided by subsection (a) (4) of this section. (i)

Reimbursement.

 Providing the Beef Board members, and alternates therefore, shall serve without compensation, but shall lie reimbursed for their reasonable expenses incurred in performing their duties as members of the Beef Board.
requirement of referendum: and cattle producer approval Sec. 9.

7 USC 2908.

 The Secretary shall conduct a referendum as soon as practicable among producers who at any time, during a consecutive twelve-month representative period preceding the date of the referendum, as determined by the Secretary, have been engaged in the production of cattle for the purpose of ascertaining whether the issuance of an order

Notice.

is approved or favored by such producers. The Secretary shall establish a procedure whereby all known cattle producers are notified of the referendum and the time and place of balloting and qualified producers may register with the Agriculture Stabilization and Conservation Service in person or by mail to vote in such a referendum during a period ending not less than ten days prior to the date of the referendum. No order issued pursuant to this Act shall be effective unless the Secretary determines (1) that votes were cast by at least 50 per centum of the registered producers, and (2) that the issuance of such order is approved or favored by not less than two-thirds of the producers voting in such referendum. The Secretary shall be reimbursed from assessments collected by the Beef Board for any expenses incurred for the conduct of the referendum. Eligible voter lists and ballots east in the referendum shall be retained by the Secretary for a period of not less than twelve months after they are cast for audit and recount in the event the results of the referendum are challenged and either the Secretary or the Courts determine a recount and retabulation of results is appropriate. Prior to the holding of the referendum, sureties shall have posted a bond or other security, acceptable to the Secretary, in an amount which the Secretary shall determine to be sufficient to pay

“Expenses incurred for the conduct of the referendum.”

any expenses incurred for the conduct of the referendum. For the purpose of this section, the term “expenses incurred for the conduct of the referendum” shall include all costs incurred by the Government in connection therewith, except for salaries of Government employees.
90 STAT. 535
suspension and termination of orders Sec. 10. (a) The Secretary shall, whenever he finds that any order

7 USC 2909.

issued under this Act, or any provision (s) thereof, obstructs or does not tend to effectuate the declared policy of this Act, terminate or suspend the operation of such order or such provision (s) thereof. (b) The Secretary may conduct a referendum at any time, and shall

Referendum.

hold a referendum on request of 10 per centum or more of the number of producers voting in the referendum approving the order, to determine whether such producers favor the termination or suspension of the order, and he shall suspend or terminate, such order six months after he determines that suspension or termination of the order is approved or favored by a majority of the producers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production of cattle, and who produced more than 50 per centum of the volume of cattle produced by the producers voting in the referendum. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this Act.
provisions applicable to amendments Sec. 11. The provisions of this Act applicable to orders shall be

7 USC 2910.

applicable to amendments to orders.
producer refund Sec. 12. Notwithstanding any other provisions of this Act, any

7 USC 2911.

producer against whose cat tie any assessment is made and collected from him under authority of this Act and who is not in favor of supporting the programs as provided for herein shall have the right to demand and receive from the Beef Board a refund of such assessment: Provided, That such demand shall be made in accordance witli regulations on a form and within a time period prescribed by the Board and approved by the Secretary but in no event more than sixty days after the end of the month in which the sale or slaughter of said cattle occurred and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand is received therefor: Provided, however, That no producer shall claim or receive a refund of any portion of an assessment which he collected from other producers.
petition and review Sec. 13. (a) Any person subject to any order may file a written

7 USC 2912.

petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity

Hearing.

for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. (d) The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date 90 STAT. 536of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to him a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with the law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 14(a) of this Act.
enforcement Sec. 14.

7 USC 2913.

 (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order or regulation made or issued pursuant to this Act. Any civil action authorized to be brought under this Act shall be referred to the Attorney General for appropriate action; Provided, That nothing in this Act shall be construed as requiring the Secretary to refer to the Attorney General minor violations of this Act whenever he believes that the administration and enforcement of the program would be adequately served by suitable written notice or warning to any person committing such violation. (b)

Penalty.

 Any person who willfully violates any provision of any order issued by the Secretary under this Act or who willfully fails or refuses to collect or remit any assessment duly required of him thereunder, shall be liable to a penalty of not more than $1,000 for each such violation which shall accrue to the United States and may be recovered in a civil suit brought by the United States: Provided, That subsections (a) and (b) of this section shall be in addition to, and not exclusive of, the remedies provided now or hereafter existing at law or in equity.
certification of organizations Sec. 15.

7 USC 2914.

 The eligibility of any organization to represent producers of any designated geographic area of the United States to request the issuance of an order under sect ion 5, and to participate in the making of nominations under section 8(b) shall be certified by the Secretary.

Report, submittal to Secretary.

Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (a) geographic territory covered by the organization’s active membership, (b) nature and size of the organization’s active membership, proportion of total of such active membership accounted for by producers of cattle, and the volume of cattle produced by the organization’s active membership in each such State, (c) the extent to which the cattle producer membership of such organization is represented in setting the organization’s policies, (d) evidence of stability and permanency of the organization, (e) sources from which the organization’s operating funds are derived, (f) functions of the organization, and (g) the organization’s ability and willingness to further the aims and objectives of this Act: 90 STAT. 537Provided, however, That the primary consideration in determining the eligibility of an organization shall be whether its producer member-ship consists of a substantial number of producers who produce a substantial volume of cattle subject to the provisions of this Act. The Secretary shall certify any organization which he finds to be eligible under this section and his determination as to eligibility shall be final. Where more than one organization is certified in any geographic area, such organizations may caucus to determine the area’s nominations under section 8(b).
state beef boards Sec. 16. Nothing in this Act shall be construed to preempt or interfere

7 USC 2915.

with the workings of any beef board, beef council, or other beef promotion entity organized and operating within and by authority of any of the several States.
regulations Sec. 17. The Secretary is authorized to issue regulations with the

7 USC 2916.

force and effect of law as may lie necessary to carry out the provisions of this Act and the powers vested in him by this Act.
investigations: power to sub fen a and take oaths and affirmations: aid of courts Sec. 18. The Secretary may make such investigation as he deems

7 USC 2917.

necessary for the effective carrying out of his responsibilities under this Act or to determine whether a producer or slaughterer of cattle or any other person has engaged or is about to engage in any acts or practice which constitute or will constitute a violation of any provisions of this Act, or of any order, or rule or regulation issued under this Act. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by or refusal to obey a subpena to, any person, including a producer, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the

Penalty.

court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found.
separability Sec. 19. If any provision of this Act or the application thereof to

7 USC 2901 note.

any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.
90 STAT. 538
authorization Sec. 20.

7 USC 2918.

 There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated such funds as are necessary to carry out the provisions of tills Act. The funds so appropriated shall not be available for payment of the expenses or expenditures of the Beef Board in administering any provisions of any order issued pursuant to the terms of this Act.
effective date Sec. 21.

7 USC 2901 note.

 This Act shall take effect upon enactment.
Approved May 28, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–452 (Comm. on Agriculture) and Nos. 94–708 and 94–1044 (Comm. of Conference). SENATE REPORT No. 94–463 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 2, considered and passed House.

Dec. 1, 2, considered and passed Senate, amended.

Vol. 122 (1976): May 3, House agreed to conference report.

May 12, Senate agreed to conference report.

 Public Law 94–295: To amend the Federal Food, Drug, and Cosmetic Act to provide for the safety and effectiveness of medical devices intended for human use, and for other purposes. Public Law 295 Public Law 94–295 90 Stat. 539 1976-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 539 Public Law 94–295 94th Congress
An Act To amend the Federal Food, Drug, and Cosmetic Act to provide for the safety and effectiveness of medical devices intended for human use, and for other purposes.

May 28, 1976

[S. 510]

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

Medical Device Amendments of 1976.

21 USC 301 note.
short title and table of contents Section 1. (a) This Act may be cited as the “Medical Device Amendments of 1976”. (b) Whenever in this Act (other than in section 3(a)(1) (B)) an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to Ite made to a section or other provision of the Federal Food, Drug, and Cosmetic Act.

21 USC 301.

 table of contents Sec. 1. Sec. 2. “Sec. 513. “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) “Sec. 514. “(a) “(b) “(c) “(d) “(e) “(f) “(g) “Sec. 515. “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) “Sec. 516. “(a) “(b) “Sec. 517. “(a) “(b) “(c) “(d) “(e) “(f) 90 STAT. 540 table of contents—Continued Sec. 2. “Sec. 518. “(a) “(b) “(c) “(d) “Sec. 519. “(a) “(b) “Sec. 520. “(a) “(b) “(c) “(d) “(e) “(f) “(g) “(h) “(i) “(j) “(k) “(l) “Sec. 521. “(a) “(b) Sec. 3. (a) (b) (c) (d) (e) (f) Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10.
regulation of medical devices Sec. 2. Chapter V is amended by adding after section 512 the following new sections: “classification of devices intended for human use
“Device Classes “Sec. 513.

21 USC 360c.

 (a) (1) There are established the following classes of devices intended for human use: “(A) Class I, General Controls.— “(i) A device for which the controls authorized by or under

21 USC 351, 352, 360.

Post, pp. 560, 562, 564, 565.

section 501, 502, 510, 516, 518, 519, or 520 or any combination of such sections are sufficient to provide reasonable assurance of the safety and effectiveness of the device. “(ii) A device for which insufficient information exists to determine that the controls referred to in clause (i) are sufficient to provide reasonable assurance of the safety and effectiveness of the device or to establish a performance standard to provide such assurance, but because it— “(I) is not purported or represented to be for a use in supporting or sustaining human life or for a use which is 90 STAT. 541of substantial importance in preventing impairment of human health, and “(II) docs not present a potential unreasonable risk of illness or injury, is to be regulated by the controls referred to in clause (i). “(B) Class II, Performance Standards.—A device which cannot be classified as a class I device because the controls authorized by or under sections 501, 502, 510, 516, 518, 519, and 520 by themselves are insufficient to provide reasonable assurance

21 USC 351, 352, 360.

Post, pp. 560, 562, 564, 565.

of the safety and effectiveness of the device, for which there is sufficient information to establish a performance standard to provide such assurance, and for which it is therefore necessary to establish for the device a performance standard under section 514 to provide reasonable assurance of its safety and

Post, p. 546.

effectiveness. “(C) Class III, Premarket Approval.— A device which because— “(i) it (I) cannot be classified as a class I device because insufficient information exists to determine that the controls authorized by or under sections 501, 502, 510, 516, 518, 519, and 520 are sufficient to provide reasonable assurance of the safety and effectiveness of the device and (II) cannot be classified as a class II device because insufficient information exists for the establishment of a, performance standard to provide reasonable assurance of its safety and effectiveness, and “(ii) (I) is purported or represented to be for a use in supporting or sustaining human life or for a use which is of substantial importance in preventing impairment of human health, or “(II) presents a potential unreasonable risk of illness or injury, is to be subject, in accordance with section 515, to premarket

Post, p. 552.

approval to provide reasonable assurance of its safety and effectiveness. If there is not sufficient information to establish a performance standard for a device to provide reasonable assurance of its safety and effectiveness, the Secretary may conduct such activities as may be necessary to develop or obtain such information. “(2) For purposes of this section and sections 514 and 515, the safety and effectiveness of a device are to be determined— “(A) with respect to the persons for whose use the device is represented or intended, “(B) with respect to the conditions of use prescribed, recommended, or suggested in the labeling of the device, and “(C) weighing any probable benefit to health from the use of the device against any probable risk of injury or illness from such use. “(3) (A) Except as authorized by subparagraph (B), the effectiveness of a device is, for purposes of this section and sections 514 and 515, to be determined, in accordance with regulations promulgated by the Secretary, on the basis of well-controlled investigations, including clinical investigations where appropriate, by experts qualified by training and experience to evaluate the effectiveness of the device, from which investigations it can fairly and responsibly be concluded by qualified experts that the device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling of the device. 90 STAT. 542 “(B) If the Secretary determines that there exists valid scientific evidence (other than evidence derived from investigations described in subparagraph (A))— “(i) which is sufficient to determine the effectiveness of a device, and “(ii) from which it can fairly and responsibly be concluded by qualified experts that the device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling of the device,

Post, pp. 546, 552.

then, for purposes of this section and sections 514 and 515, the Secretary may authorize the effectiveness of the device to be determined on the basis of such evidence. “Classification; Classification Panels “(b) (1) For purposes of— “(A) determining which devices intended for human use should be subject to the requirements of general controls, performance standards, or premarket approval, and “(B) providing notice to the manufacturers and importers of such devices to enable them to prepare for the application of such requirements to devices manufactured or imported by them, the Secretary shall classify all such devices (other than devices classified by subsection (f)) into the classes established by subsection (a).

Panels of experts.

Establishment.

For the purpose of securing recommendations with respect to the classification of devices, the Secretary shall establish panels of experts or use panels of experts established before the date of the enactment of this section, or both. Section 14 of the Federal Advisory

5 USC app. 1.

Committee Act shall not apply to the duration of a panel established under this paragraph. “(2) The Secretary shall appoint to each panel established under paragraph (1) persons who are qualified by training and experience to evaluate the safety and effectiveness of the devices to be referred to the panel and who, to the extent feasible, possess skill in the use of, or experience in the development, manufacture, or utilization of, such devices. The Secretary shall make appointments to each panel so that each panel shall consist of members with adequately diversified expertise in such fields as clinical and administrative medicine, engineering, biological and physical sciences, and other related professions. Tn addition, each panel shall include as non voting members a representative of consumer interests and a representative of interests of the device manufacturing industry. Scientific, trade, and consumer organizations shall be afforded an opportunity to nominate individuals for appointment to the panels. No individual who is in the regular full-time employ of the United States and engaged in the administration of this Act may be a member of any panel. The Secretary shall designate one of the members of each panel to serve as chairman thereof. “(3) Panel members (other than officers or employees of the United States), while attending meetings or conferences of a panel or otherwise engaged in its business, shall be entitled to receive compensation at rates to be fixed by the Secretary, but not at rates exceeding the daily equivalent of the rate in effect for grade GS–18 of the General

5 USC 5332 note.

Schedule, for each day so engaged, including traveltime; and while so serving away from their homes or regular places of business each member may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. 90 STAT. 543 “(4) The Secretary shall furnish each panel with adequate clerical and other necessary assistance. “Classification Panel Organization and Operation “(c) (1) The Secretary shall organize the panels according to the various fields of clinical medicine and fundamental sciences in which devices intended for human use are used. The Secretary shall refer a device to be classified under this section to an appropriate panel established or authorized to be used under subsection (b) for its review and for its recommendation respecting the classification of the device. The Secretary shall by regulation prescribe the procedure to be followed by the panels in making their reviews and recommendations. In making their reviews of devices, the panels, to the maximum extent practicable, shall provide an opportunity for interested persons to submit data and views on the classification of the devices. “(2) (A) Upon completion of a panel’s review of a device referred to it under paragraph (1), the panel shall, subject to subparagraphs (B) and (C), submit to the Secretary its recommendation for the classification of the device. Any such recommendation shall (i) contain (I) a summary of the reasons for the recommendation, (II) a summary of the data upon which the recommendation is based, and (III) an identification of the risks to health (if any) presented by the device with respect to which the recommendation is made, and (ii) to the extent practicable, include a recommendation for the assignment of a priority for the application of the requirements of section 514 or 515 to a device recommended to be classified in class II or

Post, pp. 546, 552.

class III. “(B) A recommendation of a panel for the classification of a device in class I shall include a recommendation as to whether the device should be exempted from the requirements of section 510, 519, or 520(f).

21 USC 360.

Post, pp. 564, 565.

 “(C) In the case of a device which has been referred under paragraph (1) to a panel, and which— “(i) is intended to be implanted in the human body or is purported or represented to be for a use in supporting or sustaining human life, and “(ii) (I) has been introduced or delivered for introduction into interstate commerce for commercial distribution before the date of enactment of this section, or “(II) is within a type of device which was so introduced or delivered before such date and is substantially equivalent to another device within that type, such panel shall recommend to the Secretary that the device be classified in class III unless the panel determines that classification of the device in such class is not necessary to provide reasonable assurance of its safety and effectiveness. If a panel does not recommend that such a device be classified in class III, it shall in its recommendation I o the Secretary for the classification of the device set forth the reasons for not recommending classification of the device in such class. “(3) The panels shall submit to the Secretary within one year of the date funds are first appropriated for the implementation of this section their recommendations respecting all devices of a type introduced or delivered for introduction into interstate commerce for commercial distribution before the date of the enactment of this section. 90 STAT. 544 “Classification “(d)

Publication in Federal Register.

 (1) Upon receipt of a recommendation from a panel respecting a device, the Secretary shall publish in the Federal Register the panel’s recommendation and a proposed regulation classifying such device and shall provide interested persons an opportunity to submit comments on such recommendation and the proposed regulation. After reviewing such comments, the Secretary shall, subject to paragraph (2), by regulation classify such device. “(2) (A) A regulation under paragraph (1) classifying a device in class I shall prescribe which, if any, of the requirements of section

21 USC 360.

Post, pp. 564, 565.

510, 519, or 520(f) shall not apply to the device. A regulation which makes a requirement of section 510, 519, or 520(f) inapplicable to a device shall be accompanied by a statement of the reasons of the Secretary for making such requirement inapplicable. “(B) A device described in subsection (c) (2) (C) shall be classified in class III unless the Secretary determines that classification of the device in such class is not necessary to provide reasonable assurance of its safety and effectiveness. A proposed regulation under paragraph (1) classifying such a device in a class other than class III shall be accompanied by a full statement of the reasons of the Secretary (and supporting documentation and data) for not classifying such device in such class and an identification of the risks to health (if any) presented by such device. “(3)

Post, p. 552.

 In the case of devices classified in class II and devices classified under this subsection in class III and described in section 515(b) (1) the Secretary may establish priorities which, in his discretion, shall

Post, p. 546.

be used in applying sections 514 and 515, as appropriate, to such devices. “Classification Changes “(e)

Regulation.

 Based on new information respecting a device, the Secretary may, upon his own initiative or upon petition of an interested person, by regulation (1) change such device’s classification, and (2) revoke, because of the change in classification, any regulation or requirement in

Publication in Federal Register.

effect under section 514 or 515 with respect to such device. In the promulgation of such a regulation respecting a device’s classification, the Secretary may secure from the panel to which the device was last referred pursuant to subsection (c) a recommendation respecting the proposed change in the device’s classification and shall publish in the Federal Register any recommendation submitted to the Secretary by the panel respecting such change. A regulation under this subsection changing the classification of a device from class III to class II may provide that such classification shall not take effect until the effective date of a performance standard established under section 514 for such device. “Initial Classification of Certain Devices “(f) (1) Any device intended for human use which was not introduced or delivered for introduction into interstate commerce for commercial distribution before the date of the enactment of this section is classified in class III unless— “(A) the device— “(i) is within a type of device (I) which was introduced or delivered for introduction into interstate commerce for commercial distribution before such date and which is to be classified pursuant to subsection (b), or (II) which was not so 90 STAT. 545introduced or delivered before such date and has been classified in class I or II, and “(ii) is substantially equivalent to another device within such type, or “(B) the Secretary in response to a petition submitted under paragraph (2) has classified such device in class I or II. A device classified in class III under this paragraph shall be classified in that class until the effective date of an order of the Secretary under paragraph (2) classifying the device in class I or II. “(2) (A) The manufacturer or importer of a device classified under

Petition.

paragraph (1) may petition the Secretary (in such form and manner as he shall prescribe) for the issuance of an order classifying the device in class I or class II. Within thirty days of the filing of such

Notification.

a petition, the Secretary shall notify the petitioner of any deficiencies in the petition which prevent the Secretary from making a decision on the petition. “(B) (i) Upon determining that a petition does not contain any deficiency which prevents the Secretary from making a decision on the petition, the Secretary shall refer the petition to an appropriate panel established or authorized to be used under subsection (b). A panel to which such a petition has been referred shall not later than ninety days after the referral of the petition make a recommendation to ti e Secretary respecting approval or denial of the petition. Any such recommendation shall contain (1) a summary of the reasons for the recommendation, (II) a summary of the data upon which the recommendation is based, and (III) an identification of the risks to health (if any) presented by the device with respect to which the petition was filed. In the case of a petition for a device which is intended to be implanted in the human body or which is purported or represented to be for a use in supporting or sustaining human life, the panel shall recommend that the petition be denied unless the panel determines that the classification in class III of the device is not necessary to provide reasonable assurance of its safety and effectiveness. If the panel recommends that such petition be approved, it shall in its recommendation to the Secretary set forth its reasons for such recommendation. “(ii) The requirements of paragraphs (1) and (2) of subsection (c) (relating to opportunities for submission of data and views and recommendations respecting priorities and exemptions from sections 510, 519, and 520(f) ) shall apply with respect to consideration by

21 USC 360.

Post, pp. 564, 565.

panels of petitions submitted under subparagraph (A). “(C) (i) Within ninety days from the date the Secretary receives the recommendation of a panel respecting a petition (but not later than 210 days after the filing of such petition) the Secretary shall by order deny or approve the petition. If the Secretary approves the petition, the Secretary shall order the classification of the device into class I or class II in accordance, with the criteria prescribed by subsection (a) (1) (A) or (a) (1) (B). In the case of a petition for a device which is intended to be implanted in the human body or which is purported or represented to be; for a use in supporting or sustaining human life, the Secretary shall deny the petition unless the Secretary determines that, the classification in class III of the device is not necessary to provide reasonable assurance of its safety and effectiveness. An order approving such petition shall be accompanied by a full statement of the reasons of the Secretary (and supporting documentation and data) for approving the petition and an identification of the risks to health (if any) presented by the device to which such order applies. “(ii) The requirements of paragraphs (1) and (2) (A) of subsec-90 STAT. 546tion (d) (relating to publication of recommendations, opportunity for submission of comments, and exemption from sections 510, 519,

21 USC 360.

Post, pp. 564, 565.

and 520(f)) shall apply with respect to action by the Secretary on petitions submitted under subparagraph (A). “Information “(g) Within sixty days of the receipt of a written request of any person for information respecting the class in which a device has been classified or the requirements applicable to a device under this Act, the Secretary shall provide such person a written statement of the classification (if any) of such device and the requirements of this Act applicable to the device. “Definitions “(h)

21 USC 351, 360.

Post, pp. 552, 560.

 For purposes of this section and sections 501, 510, 514, 515, 516, 519, and 520— “(1) a reference to ‘general controls’ is a reference to the controls authorized by or under sections 501, 502, 010, 516, 618, 519, and 520, “(2) a reference to ‘class I’, ‘class II’, or ‘class III’ is a reference to a class of medical devices described in subparagraph (A), (B), or (C) of subsection (a) (1), and “(3)

Ante, p. 540.

 a reference to a ‘panel under section 513’ is a reference to a panel established or authorized to be used under this section.
“performance standards
“Provisions of Standards “Sec. 514.

Regulation.

21 USC 3604.

 (a) (1) The Secretary may by regulation, promulgated in accordance with this section, establish a performance standard for a class II device. A class III device may also be considered a class II device for purposes of establishing a standard for the device under this section i f the device has been reclassified as a class II device under a regulation under section 513(e) but such regulation provides that the reclassification is not to take effect until the effective date of such a standard for the device. “(2) A performance standard established under this section for a device— “(A) shall include provisions to provide reasonable assurance of its safe and effective performance; “(B) shall, where necessary to provide reasonable assurance of its safe and effective performance, include— “(i) provisions respecting the construction, components, ingredients, and properties of the device and its compatibility with power systems and connections to such systems, “(ii)

Testing.

 provisions for the testing (on a sample basis or, if necessary, on an individual basis) of the device or, if it is determined that no other more practicable means are available to the Secretary to assure the conformity of the device to the standard, provisions for the testing (on a sample basis or, if necessary, on an individual basis) by the Secretary or by another person at the direction of the Secretary, “(iii) provisions for the measurement of the performance characteristics of the device, “(iv) provisions requiring that the results of each or of certain of the tests of the device required to be made under 90 STAT. 547clause (ii) show that the device is in conformity with the portions of the standard for which the test or tests were required, and “(v) a provision requiring that the sale and distribution of the device be restricted hut only to the extent that the sale and distribution of a device may be restricted under a regulation under section 520(e); and

Post, p. 565.

Labeling.

 “(C) shall, where appropriate, require the use and prescribe the form and content of labeling for the proper installation, maintenance, operation, and use of the device. “(4) The Secretary shall provide for periodic evaluation of performance

Periodic evaluation.

standards established under this section to determine if such standards should be changed to reflect new medical, scientific, or other technological data. “(5) In carrying out his duties under this section, the Secretary shall, to the maximum extent practicable— “(A) use personnel, facilities, and other technical support available in other Federal agencies, “(B) consult with other Federal agencies concerned with standard-setting and other nationally or internationally recognized standard-setting entities, and “(C) invite appropriate participation, through joint or other conferences, workshops, or other means, by informed persons representative of scientific, professional, industry, or consumer organizations who in his judgment can make a significant contribution. “Initiation of a Proceeding for a Performance Standard “(b) (1) A proceeding for the development of a performance standard

Publication in Federal Register.

for a device shall be initiated by the Secretary by the publication in the Federal Register of notice or the opportunity to submit to the Secretary a request (within fifteen days of the date of the publication of the notice) for a change in the classification of the device based on new information relevant to its classification. “(2) If, after publication of a notice pursuant to paragraph (1) the Secretary receives a request for a change in the device’s classification, he shall, within sixty days of the publication of such notice and after consultation with the appropriate panel under section 513, by

Ante, p. 540.

order published in the Federal Register, either deny the request for change in classification or give notice of his intent to initiate such a change under section 513(e). “Invitation for Standards “(c) (1) If, after the publication of a notice under subsection (b),

Publication in Federal Register.

no action is required under paragraph (2) of such subsection or the Secretary denies a request to change the classification of the device with respect to which such notice was published, the Secretary shall publish in the Federal Register a notice inviting any person, including any Federal agency, to— “(A) submit to the Secretary, within sixty days after the date of publication of the notice, an existing standard as a proposed performance standard for such device, or “(B) offer, within sixty days after the date of publication of the notice, to develop such a proposed standard. “(2) A notice published pursuant to paragraph (1) for an offer for the development, of a proposed performance standard for a device— “(A) shall specify a period within which the standard is to be 90 STAT. 548developed, which period may be extended by the Secretary for good cause shown; and “(B) shall include— “(i) a description or other designation of the device, “(ii) a statement of the nature of the risk or risks associated with the use of the device and intended to be controlled by a performance standard, “(iii) a summary of the data on which the Secretary has found a need for initiation of the proceeding to develop a performance standard, and “(iv) identification of any existing performance standard known to the Secretary which may be relevant to the proceeding. “(3)

Regulation.

 The Secretary shall by regulation require that an offeror of an offer to develop a proposed performance standard submit (and if the offeror is a business entity, require that appropriate directors, officers, and employees of, and consultants to, the business entity submit) to the Secretary such information concerning the offeror as the Secretary determines is relevant with respect to the offeror’s qualifications to develop a proposed performance standard for a device, including information respecting the offeror’s financial stability, expertise, and experience, and any potential conflicts of interest, including financial interest in the device for which the proposed standard is to be developed, current industrial or commercial affiliates of the offeror, current sources of financial support for research and business entities in which the offeror has a financial interest, which may be relevant with respect to the offeror’s qualifications. Such information submitted by an offeror may not be made public by the Secretary unless required by section 552 of title 5, United States Code, except that in the case of information submitted by an offeror whose offer has been accepted, the Secretary shall make such information (other than information which because of subsection (b)(4) of section 552, title 5, United States Code, is exempt from disclosure pursuant to subsection (a) of such section) public at the time the offer is accepted. “(4) If the Secretary determines that a performance standard can be developed by any Federal agency (including an agency within the Department of Health. Education, and Welfare), the Secretary may— “(A) if such determination is made with respect to an agency within such Department, develop such a standard in lieu of accepting any offer to develop such a standard pursuant to a notice published pursuant to this subsection, or “(B) if such determination is made with respect to any other agency, authorize such agency to develop such a standard in lieu of accepting any such offer. In making such a determination respecting a Federal agency, the Secretary shall take into account the personnel and expertise within such agency. The requirements described in subparagraphs (B) and (C) of subsection (e) (4) shall apply to development of a standard under this paragraph. “Acceptance of Certain Existing Standards “(d) (1) If the Secretary— “(A) determines that a performance standard has been issued or adopted or is being developed by any Federal agency or by any other qualified entity or receives a performance standard submitted pursuant to a notice published pursuant to subsection (c), and 90 STAT. 549 “(B) determines that such performance standard is based upon scientific data and information and has been subjected to scientific consideration, he may, in lieu of accepting any offer to develop such a standard pursuant to a notice published pursuant to subsection (c), accept such standard as a proposed performance standard for such device or as a basis upon which a proposed performance standard may be developed. “(2) If a standard is submitted to the Secretary pursuant to a notice

Publication in Federal Register.

published pursuant to subsection (c) and the Secretary does not accept such standard, he shall publish in the Federal Register notice of that fact together with the reasons therefor. “Acceptance of Offer To Develop Standard “(e) (1) Except as provided by subsections (c)(4) and (d), the Secretary shall accept one, and may accept more than one, offer to develop a proposed performance standard for a device pursuant to a notice published pursuant to subsection (c) if he determines that (A) the offeror is qualified to develop such a standard and is technically competent to undertake and complete the development of an appropriate performance standard within the period specified in the notice, and (B) the offeror will comply with procedures prescribed by regulations of the Secretary under paragraph (4) of this subsection. In determ filing the qualifications of an offeror to develop a standard, the Secretary shall take into account the offeror’s financial stability, expertise, experience, and any potential conflicts of interests (including financial interest in the device for which such standard is to be developed) and other information submitted pursuant to subsection (c) (3), which may be relevant with respect, to the offeror’s qualifications. “(2) The Secretary shall publish in the Federal Register the name

Publication in Federal Register.

and address of each person whose offer is accepted under paragraph (1) and a summary of the terms of such offer as accepted. “(3) If such an offer is accepted, the Secretary may, upon application which may be made prior to the acceptance of the offer, agree to contribute to the offeror’s cost in developing a proposed standard if the Secretary determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution. The Secretary shall by regulation prescribe the items

Regulation.

of cost in which he will participate, except that such items may not include the cost of construction (except minor remodeling) or the acquisition of land or buildings. Payments to an offerer under this paragraph may be made without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). “(4) The Secretary shall prescribe regulations governing the development

Regulations.

of proposed standards by persons whose offers are accepted under paragraph (1), Such regulations shall, notwithstanding subsection (b) (A) of section 553 of title 5, United States Code, be promulgated in accordance with the requirements of that section for not ice and opportunity for participation and shall— “(A) require that performance standards proposed for promulgation

Performance standards.

be supported by such test data or other documents or materials as the Secretary may reasonably require to be obtained; “(B) require that notice be given to interested persons of the

Notice.

opportunity to participate in the development of such performance standards and require the provision of such opportunity; “(C) require the maintenance of records to disclose (i) the

Record maintenance.

course of the development of performance standards proposed for promulgation, (ii) the comments and other information sub-90 STAT. 550nutted by any person in connection with such development, including comments and information with respect, to the need for such performance standards, and (iii) such other matters as may be relevant to the evaluation of such performance standards; “(D)

Audit, access to books.

 provide that the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and other records, relevant to the expenditure of any funds contributed by the Secretary under paragraph (3); and “(E)

Reports.

 require the submission of such periodic reports as the Secretary may require to disclose the course of the development of performance standards proposed for promulgation. “(5)

Publication in Federal Register.

 If an offer is made pursuant to a notice published pursuant to subsection (c) and the Secretary does not accept such offer, he shall publish in the Federal Register notice of that fact together with the reasons therefor. “Development of Standard by Secretary After Publication of Subsection (c) Notice “(f) If the Secretary has published a notice pursuant to subsection (c) and— “(1) no person makes an offer or submits a standard pursuant to the notice; “(2) the Secretary has not accepted an existing performance standard under subsection (d) or accepted an offer to develop a proposed performance standard pursuant to the notice; or “(3) the Secretary has accepted an offer or offers to develop a proposed performance standard, but determines thereafter that— “(A) the offeror under each such offer is unwilling or unable to continue the development of the performance standard which was the subject of the offer or offers, or “(B) the performance standard which has been developed is not satisfactory,

Publication in Federal Register.

and publishes notice of that determination in the Federal Register together with his reasons therefor; then the Secretary may proceed to develop a proposed performance standard. The authority provided by this subsection is in addition to the authority provided by subsection (c)(4). The requirements described in subparagraphs (B) and (C) of subsection (e) (4) shall apply t° Hie development of a standard by the Secretary under this subsection. “Establishment of a Standard “(g) (1) (A) After publication pursuant to subsection (c) of a notice respecting a performance standard for a device, the Secretary shall either— “(i)

Publication in Federal Register.

 publish, in the Federal Register in a notice of proposed rulemaking, a proposed performance standard for the device (I) developed by an offeror under such notice and accepted by the Secretary, (H) developed under subsection (c)(4), (HI) accepted by the Secretary under subsection (d), or (IV) developed by him under subsection (f), or “(ii)

Publication in Federal Register.

 issue a notice in the Federal Register that the proceeding is terminated together with the reasons for such termination. 90 STAT. 551 “(B) If the Secretary issues under subparagraph (A)(ii) a notice of termination of a proceeding to establish a performance standard for a device, he shall (unless such notice is issued because the device is a banned device under section 516) initiate a proceeding under

Post, p. 560.

Ante, p, 540.

section 513(e) to reclassify the device subject to the proceeding terminated by such notice. “(2) A notice of proposed rulemaking for the establishment of a

Notice of proposed rulemaking.

performance standard for a device published under paragraph (1) (A) (i) shall set forth proposed findings with respect to the degree of the risk of illness or injury designed to be eliminated or reduced by the proposed standard and the benefit to the public from the device. “(3) (A) After the expiration of the period for comment on a notice

Publication in Federal Register.

of proposed rulemaking published under paragraph (1) respecting a performance standard and after consideration of such comments and any report from an advisory committee under paragraph (5), the Secretary shall (i) promulgate a regulation establishing a performance standard and publish in the Federal Register findings on the matters referred to in paragraph (2), or (ii) publish a notice terminating the

Notice.

proceeding for the development of the standard together with the reasons for such termination. If a notice of termination is published, the Secretary shall (unless such notice is issued because the device is a banned device under section 516) initiate a proceeding under Section 513(e) to reclassify the device subject to the proceeding terminated by such notice. “(B) A regulation establishing a performance standard shall set forth the date or dates upon which the standard shall take effect, but no such regulation may take effect before one year after the date of its publication unless (i) the Secretary determines that an earlier effective date is necessary for the protection of the public health and safety, or (ii) such standard has been established for a device which, effective upon the effective date of the standard, has been reclassified from class III to class II, Such date or dates shall be established so as to minimize, consistent with the public health and safety, economic loss to, and disruption or dislocation of, domestic and international trade. “(4) (A) The Secretary, upon his own initiative or upon petition of

Regulation.

an interested person may by regulation, promulgated in accordance with the requirements of paragraphs (2) and (3) (B) of this subsection amend or revoke a performance standard. “(B) The Secretary may declare a proposed amendment of a performance standard to be effective on and after its publication in the Federal Register and until the effective date of any final action taken on such amendment if he determines, after affording all interested persons an opportunity for an informal hearing, that making it so effective is in the public interest. A proposed amendment of a performance standard made so effective under the preceding sentence may not prohibit, during the period in which it is so effective, the introduction or delivery for introduction into interstate commerce of a device which conforms to such standard without the change or changes provided by such proposed amendment. “(5) (A) The Secretary— “(i) may on his own initiative refer a proposed regulation for the establishment, amendment, or revocation of a performance standard, or “(ii) shall, upon the request of an interested person unless the Secretary finds the request to be without good cause or the request is made after the expiration of the period for submission of comments on such proposed regulation refer such proposed regulation, to an advisory committee of experts, established pursuant to subpara-90 STAT. 552graph (B), for a report anti recommendation with respect to any matter involved in the proposed regulation which requires the exercise of scientific judgment. If a proposed regulation is referred under this subparagraph to an advisory committee, the Secretary shall provide the advisory committee with the data and information on which such proposed regulation is based. The advisory committee shall, within

Report and recommendation.

sixty days of the referral of a proposed regulation and after independent study of the data and information furnished to it by the Secretary and other data and information before it, submit to the Secretary a report and recommendation respecting such regulation, together with all underlying data and information and a statement

Information, availability to public.

Advisory committees.

Ante, p. 540.

of the reason or basis for the recommendation. A copy of such report and recommendation shall be made public by the Secretary. “(B) The Secretary shall establish advisory committees (which may not be panels under section 513) to receive referrals under subparagraph (A). The Secretary shall appoint as members of any such advisory committee, persons qualified in the subject matter to be referred to the committee and of appropriately diversified professional background, except that the Secretary may not appoint to such a committee any individual who is in the regular full-time employ of the United States and engaged in the administration of this Act, Each such committee shall include as non voting members a representative of consumer interests and a representative of interests of the device manufacturing industry. Members of an advisory committee who are not officers or employees of the United States, while attending conferences or meetings of their committee or otherwise serving at the request of the Secretary, shall be entitled to receive compensation at rates to be fixed by the Secretary, which rates may not exceed the daily equivalent of the rate in effect for grade GS–18

5 USC 5332 note.

of the General Schedule, for each day (including traveltime) they are so engaged; and while so serving away from their homes or regular places of business each member may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. The Secretary shall designate one of the members of each advisory committee to serve as chairman

Procedures, regulation.

thereof. The Secretary shall furnish each advisory committee with clerical and other assistance, and shall by regulation prescribe the procedures to be followed by each such committee in acting on referrals made under subparagraph (A).
“premarket approval
“General Requirement “Sec. 515.

21 USC 360e.

 (a) A class III device— “(1) which is subject to a regulation promulgated under subsection (b); or “(2) which is a class III device because of section 513(f),

Post, p. 565.

is required to have, unless exempt under section 520(g), an approval under this section of an application for premarket approval. “Regulation To Require Premarket Approval “(b) (1) In the case of a class III device which— “(A) was introduced or delivered for introduction into inter-state commerce for commercial distribution before the date of enactment of this section; or 90 STAT. 553 “(B) is (i) of a type so introduced or delivered, and (ii) is substantially equivalent to another device within that type, the Secretary shall by regulation, promulgated in accordance with this subsection, require that such device have an approval under this section of an application for premarket approval. “(2) (A) A proceeding for tile promulgation of a regulation under

Publication in Federal Register.

paragraph (1) respecting a device shall be initiated by the publication in the Federal Register of a notice of proposed rulemaking. Such notice shall contain— “(i) the proposed regulation; “(ii) proposed findings with respect to the degree of risk of illness or injury designed to be eliminated or reduced by requiring the device to have an approved application for premarket approval and the benefit to the public from use of the device; “(iii) opportunity for the submission of comments on the proposed regulation and the proposed findings; and “(iv) opportunity to request a change in the classification of the device based on new information relevant to the classification of the device. “(B) If, within fifteen days after publication of a notice under subparagraph

Publication in Federal Register.

(A), the Secretary receives a request for a change in the classification of a device, he shall, within sixty days of the publication of such notice and after consultation with the appropriate panel under section 513, by order published in the Federal Register, either deny the

Ante, p. 540.

request for change in classification or give notice of his intent to initiate such a change under section 513(e), “(3) After the expiration of the period for comment on a proposed

Publication in Federal Register.

regulation and proposed findings published under paragraph (2) and after consideration of comments submitted on such proposed regulation and findings, the Secretary shall (A) promulgate such regulation and publish in the Federal Register findings on the matters referred to in paragraph (2) (A) (ii), or (B) publish a notice terminating the proceeding for the promulgation of the regulation together with the reasons for such termination. If a notice of termination is published, the Secretary shall (unless such notice is issued because the device is a banned device under section 516) initiate a proceeding

Post, p, 560,

under section 513(e) to reclassify the device subject to the proceeding terminated by such notice. “(4) The Secretary, upon his own initiative or upon petition of an interested person, may by regulation amend or revoke any regulation promulgated under this subsection. A regulation to amend or revoke a regulation under this subsection shall be promulgated in accordance with the requirements prescribed by this subsection for the promulgation of the regulation to be amended or revoked. “Application for Premarket Approval “(c) (1) Any person may file with the Secretary an application for premarket approval for a class III device. Such an application for a device shall contain— “(A) full reports of all information, published or known to or which should reasonably be known to the applicant, concerning investigations which have been made to snow whether or not such device is safe and effective; “(B) a full statement of the components, ingredients, and properties and of the principle or principles of operation, of such device; 90 STAT. 554 “(C) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and, when relevant, packing and installation of, such device; “(D) an identifying reference to any performance standard

Ante, p. 546.

under section 514 which would be applicable to any aspect of such device if it were a class II device, and either adequate information to show that such aspect of such device fully meets such performance standard or adequate information to justify any deviation from such standard: “(E) such samples of such device and of components thereof as the Secretary may reasonably require, except that where the sub-mission of such samples is impracticable or unduly burdensome, the requirement of this subparagraph may be met by the sub-mission of complete information concerning the location of one or more such devices readily available for examination and testing; “(F) specimens of the labeling proposed to be used for such device; and “(G) such other information relevant to the subject matter of the application as the Secretary, with the concurrence of the

Ante, p. 540.

appropriate panel under section 513, may require. “(2) Upon receipt of an application meeting the requirements set forth in paragraph (1), the Secretary shall refer such application to the appropriate panel under section 513 for study and for submission (within such period as he may establish) of a report and recommendation respecting approval of the application, together with all underlyingdata and the reasons or basis for the recommendation. “Action on an Application for Premarket Approval “(d) (1) (A) As promptly as possible, but in no event later than one hundred and eighty days after the receipt of an application under

Post, p. 565.

subsection (c) (except as provided in section 520(1) (3) (D) (ii) or unless, in accordance with subparagraph (B) (i), an additional period as agreed upon by the Secretary and the applicant), the Secretary, after considering the report and recommendation submitted under paragraph (2) of such subsection, shall— “(i) issue an order approving the application if he finds that none of the grounds for denying approval specified in paragraph (2) of this subsection applies; or “(ii) deny approval of the application if he finds (and sets forth the basis for such finding as part, of or accompanying such denial) that one or more grounds for denial specified in paragraph (2) of this subsection apply. “(B) (i) The Secretary may not enter into an agreement to extend the period in which to take action with respect to an application submitted for a device, subject to a regulation promulgated under subsection (b) unless he finds that, the continued availability of the device is necessary for the public health. “(ii) An order approving an application for a device may require as a condition to such approval that the sale and distribution of the device be restricted but only to the extent that the sale and distribution of a device may be restricted under a regulation under section 520(e). “(2)

Denial.

 The Secretary shall deny approval of an application for a device if, upon the basis of the information submitted to the Secretary as part of the application and any other information before him with respect to such device, the Secretary finds that— 90 STAT. 555 “(A) there is a lack of a showing of reasonable assurance that such device is safe under the conditions of use prescribed, recommended, or suggested in the proposed labeling thereof; “(B) there is a lack of a showing of reasonable assurance that the device is effective under the conditions of use prescribed, recommended, or suggested in the proposed labeling thereof; “(C) the methods used in, or the facilities or controls used for, the manufacture, processing, packing, or installation of such device do not conform to the requirements of section 520(f);

Post, p. 565.

 “(D) based on a fair evaluation of all material facts, the proposed labeling is false or misleading in any particular; or “(E) such device is not shown to conform in all respects to a performance standard in effect under section 514 compliance with

Ante, p. 546.

which is a condition to approval of the application and there is a lack of adequate information to justify the deviation from such standard. Any denial of an application shall, insofar as the Secretary determines

Statement.

to be practicable, be accompanied by a statement informing the applicant of the measures required to place such application in approvable form (which measures may include further research by the applicant in accordance with one or more protocols prescribed by the Secretary). “(3) An applicant whose application has been denied approval may,

Review.

by petition filed on or before the thirtieth day after the date upon which he receives notice of such denial, obtain review thereof in accordance with either paragraph (1) or (2) of subsection (g), and any interested person may obtain review, in accordance with paragraph (1) or (2) of subjection (g), of an order of the Secretary approving an application. “Withdrawal of Approval of Application “(e) (1) The Secretary shall, upon obtaining, where appropriate,

Notice and hearing.

Ante, p. 540.

advice on scientific matters from a panel or panels under section 513, and after due notice and opportunity for informal hearing to the holder of an approved application for a device, issue an order withdrawing approval of the application if the Secretary finds— “(A) that such device is unsafe or ineffective under the conditions of use prescribed, recommended, or suggested in the labeling thereof; “(B) on the basis of new information before Id in with respect to such device, evaluated together with the evidence available to him when the application was approved, that there is a lack of a showing of reasonable assurance that the device is safe or effective under the conditions of use prescribed, recommended, or suggested in the labeling thereof; “(C) that the application contained or was accompanied by an untrue statement of a material fact; “(D) that the applicant (i) has failed to establish a system

Record maintenance.

for maintaining records, or has repeatedly or deliberately failed to maintain records or to make reports, required by an applicable regulation under section 519(a), (ii) has refused to permit access

Post, p. 564.

to, or copying or verification of, such records as required by section 704, or (iii) has not complied with the requirements of

21 USC 374.

21 USC 360.

section 510; “(E) on the basis of new information before him with respect to such device, evaluated together with the evidence before him when the application was approved, that the methods used in, or 90 STAT. 556the facilities and controls used for, the manufacture, processing, packing, or installation of such device do not conform with the requirements of section 520(f) and were not brought into conformity with such

Post, p. 565.

requirements within a reasonable time after receipt of written notice from the Secretary of nonconformity; “(F) on the basis of new information before him, evaluated together with the evidence before him when the application was approved, that the labeling of such device, based on a fair evaluation of all material facts, is false or misleading in any particular and was not corrected within a reasonable time after receipt of written notice from the Secretary of such fact; or “(G) on the basis of new information before him, evaluated together with the evidence before him when the application was approved, that such device is not shown to conform in all respects

Ante, p. 546.

to a performance standard which is in effect under section 514 compliance with which was a condition to approval of the application and that there is a lack of adequate information to justify the deviation from such standard. “(2) The holder of an application subject to an order issued under paragraph (1) withdrawing approval of the application may, by petition filed on or before the thirtieth day after the date upon which he receives notice of such withdrawal, obtain review thereof in accordance with either paragraph (1) or (2) of subsection (g). “Product Development Protocol “(f) (1) In the case of a class III device which is required to have an approval of an application submitted under subsection (c), such device shall be considered as having such an approval if a notice of completion of testing conducted in accordance with a product development protocol approved under paragraph (4) has been declared completed under paragraph (6). “(2) Any person may submit to the Secretary a proposed product development protocol with respect to a device. Such a protocol shall be accompanied by data supporting it. If, within thirty days of the receipt of such a protocol, the Secretary determines that it appears to be appropriate to apply the requirements of this subsection to the device with respect to which the protocol is submitted, he shall refer

Ante, p. 540.

the proposed protocol to the appropriate panel under section 513 for its recommendation respecting approval of the protocol. “(3) A proposed product development protocol for a device may be approved only if— “(A) the Secretary determines that it is appropriate to apply the requirements of this subsection to the device in lieu of the requirement of approval of an application submitted under subsection (c); and “(B) the Secretary determines that the proposed protocol provides— “(i) a description of the device and the change« which may be made in the device, “(ii) a description of the preclinical trials (if any) of the device and a specification of (I) the results from such trials to be required before the commencement of clinical trials of the device, and (II) any permissible variations in preclinical trials and the results therefrom, “(iii) a description of the clinical trials (if any) of the device and a specification of (I) the results from such trials to be required before the filing of a notice of completion of the 90 STAT. 557requirements of the protocol, and (II) any permissible variations in such trials and the results therefrom, “(iv) a description of the methods to be used in, and the facilities and controls to be used for, the manufacture, processing, and, when relevant, packing and installation of the device, “(v) an identifying reference to any performance standard under section 514 to be applicable to any aspect of such device,

Ante, p. 546.

 “(vi) if appropriate, specimens of the labeling proposed to be used for such device, “(vii) such other information relevant to the subject matter of the protocol as the Secretary, with the concurrence of the appropriate panel or panels under section 513, may require,

Ante, p. 540.

and “(viii) a requirement for submission of progress reports

Progress report.

and, when completed, records of the trials conducted under the protocol which records are adequate to show compliance with the protocol. “(4) The Secretary shall approve or disapprove a proposed product development protocol submitted under paragraph (2) within one hundred and twenty days of its receipt unless an additional period is agreed upon by the Secretary and the person who submitted the protocol. Approval of a protocol or denial of approval of a protocol is final agency action subject to judicial review under chapter 7 of title 5, United States Code.

5 USC 701 et seq.

Notice of completion.

 “(5) At any time after a product development protocol for a device has been approved pursuant to paragraph (4), the person for whom the protocol was approved may submit a notice of completion— “(A) stating (i) his determination that the requirements of the protocol have been fulfilled and that, to the best of his knowledge, there is no reason bearing on safety or effectiveness why the notice of completion should not become effective, and (ii) the data and other information upon which such determination was made, and “(B) setting forth the results of the trials required by the protocol and all the information required by subsection (c) (1). “(6) (A) The Secretary may, after providing the person who has

Final order to revoke protocol.

an approved protocol an opportunity for an informal hearing and at any time prior to receipt of notice of completion of such protocol, issue a final order to revoke such protocol if he finds that— “(i) such person has failed substantially to comply with the requirements of the protocol, “(ii) the results of the trials obtained under the protocol differ so substantially from the results required by the protocol that further trials cannot be justified, or “(iii) the results of the trials conducted under the protocol or available new information do not demonstrate that the device tested under the protocol does not present an unreasonable risk to health and safety. “(B) After the receipt of a notice of completion of an approved protocol the Secretary shall, within the ninety-day period beginning on the date such notice is received, by order either declare the protocol completed or declare it not completed. An order declaring a protocol not completed may take effect only after the Secretary has provided the person who has the protocol opportunity for an informal nearing on the order. Such an order may be issued only if the Secretary finds— 90 STAT. 558 “(i) such person has failed substantially to comply with the requirements of the protocol, “(ii) the results of the trials obtained under the protocol differ substantially from the results required by the protocol, or “(iii) there is a lack of a showing of reasonable assurance of the safety and effectiveness of the device under the conditions of use prescribed, recommended, or suggested in the proposed labeling thereof. “(C) A final order issued under subparagraph (A) or (B) shall be in writing and shall contain the reasons to support the conclusions thereof. “(7) At any time after a notice of completion has become effective, the Secretary may issue an order (after due notice and opportunity for an informal hearing to the person for whom the notice is effective) revoking the approval of a device provided by a notice of completion which has become effective as provided in subparagraph (B) if he finds that any of the grounds listed in subparagraphs (A) through (G) of subsection (e) (1) of this section apply. Each reference in such subparagraphs to an application shall be considered for purposes of this paragraph as a reference to a protocol and the notice of completion of such protocol, and each reference to the time when an application was approved shall be considered for purposes of this paragraph as a reference to the time when a notice of completion took effect. “(8) A person who has an approved protocol subject to an order issued under paragraph (6) (A) revoking such protocol, a person who has an approved protocol with respect to which an order under paragraph (6)(B) was issued declaring that the protocol had not been completed, or a person subject to an order issued under paragraph (7) revoking the approval of a device may, by petition filed on or before the thirtieth day after the date upon which he receives notice of such order, obtain review thereof in accordance with either paragraph (1) or (2) of subsection (g). “Review “(g)

Hearing.

 (1) Upon petition for review of— “(A) an order under subsection (d) approving or denying approval of an application or an order under subsection (e) with-drawing approval of an application, or “(B) an order under subsection (f)(6)(A) revoking an approved protocol, under subsection (f)(6)(B) declaring that an approved protocol has not been completed, or under subsection (f) (7) revoking the approval of a device, the Secretary shall, unless he finds the petition to be without good cause or unless a petition for review of such order has been submitted under paragraph (2), hold a hearing, in accordance with section 554 of title 5 of the United States Code, on the order. The panel or panels which considered the application, protocol, or device subject to such order shall designate a member to appear and testify at any such hearing upon request of the Secretary, the petitioner, or the officer conducting the hearing, but this requirement does not preclude any other member of the panel or panels from appearing and testifying at any

Order.

such hearing. Upon completion of such hearing and after considering the record established in such hearing, the Secretary shall issue an order either affirming the order subject to the hearing or reversing such order and, as appropriate, approving or denying approval of the application, reinstating the application’s approval, approving the protocol, or placing in effect a notice of completion. 90 STAT. 559 “(2) (A) Upon petition for review of— “(i) an order under subsection (d) approving or denying approval of an application or an order under subsection (e) withdrawing approval of an application, or “(ii) an order under subsection (f)(6)(A) revoking an approved protocol, under subsection (f)(6)(B) declaring that an approved protocol has not been completed, or under subsection (f) (7) revoking the approval of a device, the Secretary shall refer the application or protocol subject to the order and the basis for the order to an advisory committee of experts established pursuant to subparagraph (B) for a report and recommendation with respect to the order. The advisory committee

Report and recommendation.

shall, after independent study of the data and information furnished to it by the Secretary and other data and information before it, submit to the Secretary a report and recommendation, together with all under-lying data and information and a statement of the reasons or basis for the recommendation. A copy of such report shall be promptly supplied by the Secretary to any person who petitioned for such referral to the advisory committee. “(B) The Secretary shall establish advisory committees (which may

Advisory committees.

Establishment.

not be panels under section 513) to receive referrals under subparagraph (A). The Secretary shall appoint as members of any such advisory committee persons qualified in the subject matter to be referred to the committee and of appropriately diversified professional backgrounds, except that the Secretary may not appoint to such a committee any individual who is in the regular full-time employ of the United States and engaged in the administration of this Act. Members of an advisory committee (other than officers or employees

Compensation.

of the United States), while attending conferences or meetings of their committee or otherwise serving at the request of the Secretary, shall be entitled to receive compensation at rates to be fixed by the Secretary, which rates may not exceed the daily equivalent for grade GS–18 of the General Schedule for each day (including traveltime)

5 USC 5332 note.

they are so engaged; and while so serving away from their homes or regular places of business each member may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. The Secretary shall

Chairman.

designate the chairman of an advisory committee from its members. The Secretary shall furnish each advisory committee with clerical and other assistance, and shall by regulation prescribe the procedures to be followed by each such committee in acting on referrals made under subparagraph (A). “(C) The Secretary shall make public the report and recommendation

Information, availability to public.

made by an advisory committee with respect to an application and shall by order, stating the reasons therefor, either affirm the order referred to the advisory committee or reverse such order and, if appropriate, approve or deny approval of the application, reinstate the application’s approval, approve the protocol, or place in effect a notice of completion, “Service, of Orders “(h) Orders of the Secretary under this section shall be served (1) in person by any officer or employee of the department designated by the Secretary, or (2) by mailing the order by registered mail or certified mail addressed to the applicant at his last known address in the records of the Secretary.
90 STAT. 560 “banned devices
“General Rule “Sec. 516.

21 USC 360f.

 (a) Whenever the Secretary finds, on the basis of all available data and information and after consultation with the

Ante, p. 540.

appropriate panel or panels under section 513, that— “(1) a device intended for human use presents substantial deception or an unreasonable and substantial risk of illness or injury; and “(2) in the case of substantial deception or an unreasonable and substantial risk of illness or injury which the Secretary determined could be corrected or eliminated by labeling or change in labeling and with respect to which the Secretary provided written notice to the manufacturer specifying the deception or risk of illness or injury, the labeling or change in labeling to correct the deception or eliminate or reduce such risk, and the period within which such labeling or change in labeling was to be done, such labeling or change in labeling was not done within such period; he may initiate a proceeding to promulgate a regulation to make such

Hearing.

device a banned device. The Secretary shall afford all interested persons opportunity for an informal hearing on a regulation proposed under this subsection. “Special Effective Date “(b)

Publication in Federal Register.

 The Secretary may declare a proposed regulation under subsection (a) to be effective upon its publication in the Federal Register and until the effective date of any final action taken respecting such regulation if (1) he determines, on the basis of all available data and information, that the deception or risk of illness or injury associated with the use of the device which is subject to the regulation presents an unreasonable, direct, and substan rial danger to the health of individuals, and (2) before the date of the publication of such regulation, the Secretary notifies the manufacturer of such device that such

Notice and hearing.

regulation is to be made so effective. If the Secretary makes a proposed regulation so effective, he shall, as expeditiously as possible, give interested persons prompt notice of his action under this subsection, provide reasonable opportunity for an informal hearing on the proposed regulation, and either affirm, modify, or revoke such proposed regulation.
“judicial review
“Application of Section “Sec. 517.

21 USC 360g.

 (a) Not later than thirty days after— “(1) the promulgation of a regulation under section 513 classifying a device in class I or changing the classification of a device to class I or an order under subsection (f) (2) of such section reclassifying a device or denying a petition for reclassification of a device, “(2)

Ante, p. 546.

 the promulgation of a regulation under section 514 establishing, amending, or revoking a performance standard for a device, “(3) the issuance of an order under section 514(b) (2) or 515

Ante, p. 552.

(b) (2) (B) denying a request for reclassification of a device, “(4) the promulgation of a regulation under paragraph (3) of section 515(b) requiring a device to have an approval of a pre-90 STAT. 561market application, a regulation under paragraph (4) of that section amending or revoking a regulation under paragraph (3), or an order pursuant to section 515(g)(1) or 515 (g) (2) (C),

Ante, p. 552.

Ante, p. 560.

 “(5) the promulgation of a regulation under section 516 (other than a proposed regulation made effective under subsection (b) of such section upon the regulation’s publication) making a device a banned device, “(6) the issuance of an order under section 520(f) (2), or

Post, p. 565.

 “(7) an order under section 520(g) (4) disapproving an application for an exemption of a device for investigational use or an order under section 520(g)(5) withdrawing such an exemption for a device, any person adversely affected by such regulation or order may file a petition with the United States Court of Appeals for the District of Columbia or for the circuit wherein such person resides or has his principal place of business for judicial review of such regulation or order. A copy of the petition shall be transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary shall file in the court the record of the proceedings on which the Secretary based his regulation or order as provided m section 2112 of title 28, United States Code. For purposes of this section,

“Record.”

the term ‘record’ means all notices and other matter published in the Federal Register with respect to the regulation or order reviewed, all information submitted to the Secretary with respect to such regulation or order, proceedings of any panel or advisory committee with respect to such regulation or order, any hearing held with respect to such regulation or order, and any other information identified by the Secretary, in the administrative proceeding held with respect to such regulation or order, as being relevant to such regulation or order. “Additional Data, Views, and Arguments “(b) If the petitioner applies to the court for leave to adduce additional data, views, or arguments respecting the regulation or order being reviewed and shows to the satisfaction of the court that such additional data, views, or arguments are material and that there were reasonable grounds for the petitioner’s failure to adduce such data, views, or arguments in the proceedings before the Secretary, the court may order the Secretary to provide additional opportunity for the oral presentation of data, views, or arguments and for written sub-missions. The Secretary may modify his findings, or make new findings

Modifications.

by reason of the additional data, views, or arguments sc taken and shall file with the court such modified or new findings, and his recommendation, if any, for the modification or setting aside of the regulation or order being reviewed, with the return of such additional data, view’s, or arguments. “Standard for Review “(c) Upon the filing of the petition tinder subsection (a) of this section for judicial review of a regulation or order, the court shall have jurisdiction to review the regulation or order in accordance with chapter 7 of title 5, United States Code, and to grant appropriate

5 USC 701 et seq.

relief, including interim relief, as provided in such chapter. A regulation described in paragraph (2) or (5) of subsection (a) and an order issued after the review provided by section 515(g) shall not be affirmed if it is found to be unsupported by substantial evidence on the record taken as a whole. 90 STAT. 562 “Finality of Judgments “(d)

Review.

 The judgment of the court affirming or setting aside, in whole or in part, any regulation or order shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28 of the United States Code. “Other Remedies “(e) The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by law. “Statement of Reasons “(f) To facilitate judicial review under this section or under any other provision of law of a regulation or order issued under section 513, 514, 515, 516, 518, 519, 520, or 521 each such regulation or order shall contain a statement of the reasons for its issuance and the basis, in the record of the proceedings held in connection with its issuance, for its issuance.
“notification and other remedies
“Notification “Sec. 518.

21 USC 360h.

 (a) If the Secretary determines that— “(1) a device intended for human use which is introduced or delivered for introduction into interstate commerce for commercial distribution presents an unreasonable risk of substantial harm to the public health, and “(2) notification under this subsection is necessary to eliminate the unreasonable risk of such harm and no more practicable means is available under the provisions of this Act (other than this section) to eliminate such risk, the Secretary may issue such order as may be necessary to assure that adequate notification is provided in an appropriate form, by the per-sons and means best suited under the circumstances involved, to all health professionals who prescribe or use the device and to any other person (including manufacturers, importers, distributors, retailers, and device users) who should properly receive such notification in order to eliminate such risk. An order under this subsection shall require that the individuals subject to the risk with respect to which the order is to be issued be included in the persons to be notified of the risk unless the Secretary determines that notice to such individuals would present, a greater danger to the health of such individuals than no such notification. If the Secretary makes such a determination with respect to such individuals, the order shall require that the health professionals who prescribe or use the device provide for the notification of the individuals whom the health professionals treated with the device of the risk presented by the device and of any action which may be taken by or on behalf of such individuals to eliminate or reduce such risk. Before issuing an order under this subsection, the Secretary shall consult with the persons who are to give notice under the order. “Repair, Replacement, or Refund “(b)

Hearing.

 (1) (A) If, after affording opportunity for an informal hearing, the Secretary determines that— “(i) a device intended for human use which is introduced or delivered for introduction into interstate commerce for commer-90 STAT. 563cial distribution presents an unreasonable risk of substantial harm to the public health, “(ii) there are reasonable grounds to believe that the device was not properly designed and manufactured with reference to the state of the art as it existed at the tune of its design and manufacture, “(iii) there are reasonable grounds to believe that the unreasonable risk was not caused by failure of a person other than a manufacturer, importer, distributor, or retailer of the device to exercise due care in the installation, maintenance, repair, or use of the device, and “(iv) the notification authorized by subsection (a) would not by itself be sufficient to eliminate the unreasonable risk and action described in paragraph (2) of this subsection is necessary to eliminate such risk, the Secretary may order the manufacturer, importer, or any distributor of such device, or any combination of such persons, to submit to him within a reasonable time a plan for taking one or more of the actions described in paragraph (2). An order issued under the preceding sentence which is directed to more than one person shall specify which person may decide which action shall be taken under such plan and the person specified shall be the person who the Secretary determines bears the principal, ultimate financial responsibility for action taken under the plan unless the Secretary cannot determine who bears such responsibility or the Secretary determines that the protection of the public health requires that such decision be made by a person (including a device user or health professional) other than the person he determines bears such responsibility. “(B) The Secretary shall approve a plan submitted pursuant to

Hearing.

an order issued under subparagraph (A) unless he determines (after affording opportunity for an informal hearing) that the action or actions to be taken under the plan or the manner in which such action or actions are to be taken under the plan will not assure that the unreasonable risk with respect to which such order was issued will be eliminated. If the Secretary disapproves a plan, he shall order a revised plan to be submitted to him within a reasonable time. If the Secretary

Hearing.

determines (after affording opportunity for an informal hearing) that the revised plan is unsatisfactory or if no revised plan or no initial plan has been submitted to the Secretary within the prescribed time, the Secretary shall (i) prescribe a plan to be carried out by the person or persons to whom the order issued under subparagraph (A) was directed, or (ii) after affording an opportunity for an informal hearing, by order prescribe a plan to be carried out by a person who is a manufacturer, importer, distributor, or retailer of the device with respect to which the order was issued but to whom the order under subparagraph (A) was not directed. “(2) The actions which may be taken under a plan submitted under an order issued under paragraph (1) arc as follows: “(A) To repair the device so that it does not present the unreasonable risk of substantial harm with respect to which the order under paragraph (1) was issued. “(B) To replace the device with a like or equivalent device which is in conformity with all applicable requirements of this Act. “(C) To refund the purchase price of the device (less a reasonable allowance for use if such device has been in the possession of the device user for one year or more— “(i) at the time of notification ordered under subsection (a),or 90 STAT. 564 “(ii) at th© time the device user receives actual notice of the unreasonable risk with respect to which the order was issued under paragraph (1), whichever first occurs). “(3) No charge shall be made to any person (other than a manufacturer, importer, distributor or retailer) for availing himself of any remedy, described in paragraph (2) and provided under an order issued under paragraph (1), and the person subject to the order shall reimburse each person (other than a manufacturer, importer, distributor, or retailer) who is entitled to such a remedy for any reasonable and foreseeable expenses actually incurred by such person in availing himself of such remedy. “Reimbursement “(c) An order issued under subsection (b) with respect to a device may require any person who is a manufacturer, importer, distributor, or retailer of the device to reimburse any other person who is a manufacturer, importer, distributor, or retailer of such device for such other person’s expenses actually incurred in connection with carrying out the order if the Secretary determines such reimbursement is required for the protection of the public health. Any such requirement shall not affect, any rights or obligations under any contract to which the person receiving reimbursement or the person making such reimbursement is a party. “Effect on Other Liability “(d) Compliance with an order issued under this section shall not relieve any person from liability under Federal or State law. In awarding damages for economic loss in an action brought for the enforcement of any such liability, the value to the plaintiff in such action of any remedy provided him under such order shall be taken into account.
“records and reports on devices
“General Rule “Sec. 519.

21 USC 360i.

 (a) Every person who is a manufacturer, importer, or distributor of a device intended for human use shall establish and maintain such records, make such reports, and provide such information, as the Secretary may by regulation reasonably require to assure that such device is not adulterated or misbranded and to otherwise assure its safety and effectiveness. Regulations prescribed under the preceding sentence— “(1) shall not impose requirements unduly burdensome to a device manufacturer, importer, or distributor taking into account his cost of complying with such requirements and the need for the protection of the public health and the implementation of this Act.; “(2) which prescribe the procedure for making requests for reports or information shall require that each request made under such regulations for submission of a report or information to the Secretary state the reason or purpose for such request and identify to the fullest extent practicable such report or information; “(3) which require submission of a report or information to the Secretary shall state the reason or purpose for the submission of such report or information and identify to the fullest extent practicable such report or information; 90 STAT. 565 “(4) may not require that the identity of any patient be dis-closed in records, reports, or information required under this subsection unless required for the medical welfare of an individual, to determine the safety or effectiveness of a device, or to verify a record, report, or information submitted under this Act; and “(5) may not require a manufacturer, importer, or distributor of a class I device to— “(A) maintain for such a device records respecting information not in the possession of the manufacturer, importer, or distributor, or “(B) to submit for such a device to the Secretary any report or information— “(i) not in the possession of the manufacturer, importer, or distributor, or “(ii) on a periodic basis, unless such report or information is necessary to determine if the device should be reclassified or if the device is adulterated or misbranded. In prescribing such regulations, the Secretary shall have due regard for the professional ethics of the medical profession and the interests of patients. The prohibitions of paragraph (4) of this subsection continue to apply to records, reports, and information concerning any individual who has been a patient, irrespective of whether or when he ceases to be a patient. “Persons Exempt “(b) Subsection (a) shall not apply to— “(1) any practitioner who is licensed by law to prescribe or administer devices intended for use in humans and who manufactures or imports devices solely for use in the course of his professional practice : “(2) any person who manufactures or imports devices intended for use in humans solely for such person’s use in research or teaching and not for sale (including any person who uses a device under an exemption granted under section 520(g)); and

Infra.

 “(3) any other class of persons as the Secretary may by regulation exempt from subsection (a) upon a finding that compliance with the requirements of such sunsection by such class with respect to a device is not necessary to ( A ) assure that a device is not adulterated or misbranded or (B) otherwise to assure its safety and effectiveness.
“general provisions respecting control of devices intended for human use
“General Rule “Sec. 520. (a) Any requirement authorized by or under section 501,

21 USC 360j.

21 USC 351, 352, 360.

502, 510, or 519 applicable to a device intended for human use shall apply to such device until the applicability of the requirement to the device has been changed by action taken under section 513, 514, or 515

Ante. p. 564.

Ante, pu. 540, 546, 552.

or under subsection (g) of this section, and any requirement established by or under section 501, 502, 510, or 519 which is inconsistent with a requirement imposed on such device under section 514 or 515 or under subsection (g) of this section shall not apply to such device. 90 STAT. 566 “Custom Devices “(b) Sections 514 and 515 do not apply to any device which, in order to comply with the order of an individual physician or dentist (or any other specially qualified person designated under regulations promulgated by the Secretary after an opportunity for an oral hearing) necessarily deviates from an otherwise applicable performance standard or requirement prescribed by or under section 515 if (1) the device is not generally available in finished form for purchase or for dispensing upon prescription and is not offered through labeling or advertising by the manufacturer, importer, or distributor thereof for commercial distribution, and (2) such device— “(A) (i) is intended for use by an individual patient named in such order of such physician or dentist (or other specially qualified person so designated) and is to be made in a specific form for such patient, or “(ii) is intended to meet the special needs of such physician or dentist (or other specially qualified person so designated) in the course of the professional practice of such physician or dentist (or other specially qualified person so designated), and “(B) is not generally available to or generally used by other physicians or dentists (or other specially qualified persons so designated). “Trade Secrets “(c) Any information reported to or otherwise obtained by the Secretary or his representative under section 513, 514, 515. 516, 518, 519,

Ante, pp. 540, 546, 552, 560, 562, 564.

21 USC 374.

or 704 or under subsection (f) or (g) of this section which is exempt from disclosure pursuant to subsection (a) of section 552 of title 5, United States Code, by reason of subsection (b) (4) of such section shall be considered confidential and shall not be disclosed and may not be used by the Secretary as the basis for the reclassification of a device under section 513 from class III to class II or as the basis for the establishment or amendment of a performance standard under section 514 for a device reclassified from class III to class II, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act (other than section 513 or 514 thereof). “Notices and Findings “(d) Each notice of proposed rulemaking under section 513,514,515, 516, 518, or 519, or under this section, any other notice which is published in the Federal Register with respect to any other action taken under any such section and which states the reasons for such action, and each publication of findings required to be made in connection with rulemaking under any such section shall set forth— “(1) the manner in which interested persons may examine data and other information on which the notice or findings is based, and “(2)

Publication in Federal Register.

 the period within which interested persons may present their comments on the notice or findings (including the need therefor) orally or in writing, which period shall be at least sixty days but may not exceed ninety days unless the time is extended by the Secretary by a notice published in the Federal Register stating good cause therefor. 90 STAT. 567 “Restricted Devices “(e) (1) The Secretary may by regulation require that a device be

Regulation.

restricted to sale, distribution, or use— “(A) only upon the written or oral authorization of a practitioner licensed by law to administer or use such device, or “(B) upon such other conditions as the Secretary may prescribe in such regulation, if, because of its potentiality for harmful effect or the collateral measures necessary to its use, the Secretary determines that there cannot otherwise be reasonable assurance of its safety and effectiveness. No condition prescribed under subparagraph (B) may restrict the use of a device to persons with specific training or experience in its use or to persons for use in certain facilities unless the Secretary determines that such a restriction is required for the safe and effective use of the device. No such condition may exclude a person from using a device solely because the person does not have the training or experience to make him eligible for certification by a certifying board recognized by the American Board of Medical Specialties or has not been certified by such a Board. A device subject to a regulation under this subsection is a restricted device. “(2) The label of a restricted device shall bear such appropriate

Labeling.

statements of the restrictions required by a regulation under paragraph (1) as the Secretary may in such regulation prescribe. “Good Manufacturing Practice Requirements “(f) (1) (A) The Secretary may, in accordance with subparagraph

Regulations.

(B), prescribe regulations requiring that the methods used in, and the facilities and controls used for, the manufacture, packing, storage, and installation of a device conform to current good manufacturing practice, as prescribed in such regulations, to assure that the device will be safe and effective and otherwise in compliance with this Act. “(B) Before the Secretary may promulgate any regulation under subparagraph (A) he shall— “(i) afford the advisory committee established under paragraph

Recommendations.

(3) an opportunity to submit recommendations to him with respect to the regulation proposed to be promulgated, and “(ii) afford opportunity for an oral hearing.

Hearing.

 The Secretary shall provide the advisory committee a reasonable time to make its recommendation with respect to proposed regulations under subparagraph (A). “(2) (A) Any person subject to any requirement prescribed by regulations

Petition for exemption or variance.

under paragraph (1) may petition the Secretary for an exemption or variance from such requirement. Such a petition shall be submitted to the Secretary in such form and manner as he shall prescribe and shall— “(i) in the case of a petition for an exemption from a requirement, set forth the basis for the petitioner’s determination that compliance with the requirement is not required to assure that the device will be safe and effective and otherwise in compliance with this Act, “(ii) in the case of a petition for a variance from a requirement, set forth the methods proposed to be used in, and the facilities and controls proposed to lie used for, the manufacture, packing, storage, and installation of the device in lieu of the methods, facilities, and controls prescribed by the requirement, and 90 STAT. 568 “(iii) contain such other information as the Secretary shall prescribe. “(B) The Secretary may refer to the advisory committee established under paragraph (3) any petition submitted under subparagraph

Recommendations.

(A). The advisory committee shall report its recommendations to the Secretary with respect to a petition referred to it within sixty days of the date of the petition’s referral. Within sixty days after— “(i) the date the petition was submitted to the Secretary under subparagraph (A), or “(ii) if the petition was referred to an advisory committee, the expiration of the sixty-day period beginning on the date the petition was referred to the advisory committee, ever occurs later, the Secretary shall by order either deny the petition or approve it. “(C) The Secretary may approve— “(i) a petition for an exemption for a device from a requirement if he determines that compliance with such requirement is not required to assure that the device will be safe and effective and otherwise in compliance with this Act, and “(ii) a petition for a variance for a device from a requirement if he determines that the methods to be used in, and the facilities and controls to be used for, the manufacture, packing, storage, and installation of the device in lieu of the methods, controls, and facilities prescribed by the requirement are sufficient to assure that the device will be safe and effective and otherwise in compliance with tills Act. An order of the Secretary approving a petition for a variance shall prescribe such conditions respecting the methods used in, and the facilities and controls used for, the manufacture, packing, storage, and installation of the device to be granted the variance under the petition as may be necessary to assure that the device will be safe and effective and otherwise in compliance with this Act. “(D)

Hearing.

 After the issuance of an order under subparagraph (B) respecting a petition, the petitioner shall have an opportunity for an informal hearing on such order. “(3)

Advisory committee.

Establishment.

 The Secretary shall establish an advisory committee for the purpose of advising and making recommendations to him with respect to regulations proposed to be promulgated under paragraph (1) (A) and the approval or disapproval of petitions submitted under

Membership.

paragraph (2). The advisory committee shall lie composed of nine members as follows: “(A) Three of the members shall be appointed from persons who are officers or employees of any State or local government or of the Federal Government. “(B) Two of the members shall be appointed from persons who are representative of interests of the device manufacturing industry; two of the members shall be appointed from persons who are representative of the interests of physicians and other health professionals; and two of the members shall be representative of the interests of the general public. Members of the advisory committee who are not officers or employees of the United States, while attending conferences or meetings of the committee or otherwise engaged in its business, shall be entitled to receive compensation at rates to be fixed by the Secretary, which rates may not exceed the daily equivalent of the rate in effect for grade

5 USC 5332 note.

GS–18 of the General Schedule, for each day (including traveltime) they are so engaged; and while so serving away from their homes or 90 STAT. 569regular places of business each member may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. The Secretary shall designate one of the members of the advisory committee to serve as its chairman. The Secretary shall furnish the advisory committee with clerical and other assistance. Section 14 of the Federal Advisory Committee Act

5 USC app. 1.

shall not apply with respect to the duration of the advisory committee established under this paragraph. “Exemption for Devices for Investigational Use “(g) (1) It is the purpose of this subsection to encourage, to the extent consistent with the protection of the public health and safety and with ethical standards, the discovery and development of useful devices intended for human use and to that end to maintain optimum freedom for scientific investigators in their pursuit of that purpose. “(2) (A) The Secretary shall, within the one hundred and twenty-day

Regulation.

period beginning on the date of the enactment of this section, by regulation prescribe procedures and conditions under which devices intended for human use may upon application be granted an exemption from the requirements of section 502, 510, 514, 515, 516, 519, or 706 or subsection (e) or (f) of this section or from any combination

21 USC 352, 360.

Ante, pp. 546, 552, 560, 564.

21 USC 376.

of such requirements to permit the investigational use of such devices by experts qualified by scientific training and experience to investigate the safety and effectiveness of such devices. “(B) The conditions prescribed pursuant to subparagraph (A) shall include the following: “(i) A requirement that an application be submitted to the Secretary before an exemption may be granted and that the application be submitted in such form and manner as the Secretary shall specify. “(ii) A requirement that the person applying for an exemption for a device assure the establishment and maintenance of such records, and the making of such reports to the Secretary of data obtained as a result of the investigational use of the device during the exemption, as the Secretary determines will enable him to assure compliance with such conditions, review the progress of the investigation, and evaluate the safety and effectiveness of the device. “(iii) Such other requirements as the Secretary may determine to be necessary for the protection of the public health and safety. “(C) Procedures and conditions prescribed pursuant to subparagraph (A) for an exemption may appropriately vary depending on (i) the scope and duration of clinical testing to be conducted under such exemption, (ii) the number of human subjects that are to be involved in such testing, (iii) the need to permit changes to be made in the device subject to the exemption during testing conducted in accordance with a clinical testing plan required under paragraph (3) (A), and (iv) whether the clinical testing of such device is for the purpose of developing data to obtain approval for the commercial distribution of such device. “(3) Procedures and conditions prescribed pursuant to paragraph (2) (A) shall require, as a condition to the exemption of any device to be the subject of testing involving human subjects, that the person applying for the exemption— “(A) submit a plan for any proposed clinical testing of the device and a report of prior investigations of the device (includ-90 STAT. 570trig, where appropriate, tests on animals) adequate to justify the proposed clinical testing— “(i) to the local institutional review committee which has been established in accordance with regulations of the Secretary to supervise clinical testing of devices in the facilities where the proposed clinical testing is to be conducted, or “(ii) to the Secretary, if— “(I) no such committee exists, or “(II) the Secretary finds that the process of review by such committee is inadequate (whether or not the plan for such testing has been approved by such committee), for review for adequacy to justify the commencement of such testing; and, unless the plan and report are submitted to the Secretary, submit to the Secretary a summary of the plan and a report of prior investigations of the device (including, where appropriate, tests on animals); “(B)

Notification.

 promptly notify the Secretary (under such circumstances and in such manner as the Secretary prescribes) of approval by a local institutional review committee of any clinical testing plan submitted to it in accordance with subparagraph (A); “(C) in the case of a device to be distributed to investigators for testing, obtain signed agreements from each of such investigators that any testing of the device involving human subjects will be under such investigator’s supervision and in accordance with subparagraph (D) and submit such agreements to the Secretary; and “(D) assure that informed consent will be obtained from each human subject (or his representative) of proposed clinical testing involving such device, except where subject to such conditions as the Secretary may prescribe, the investigator conducting or supervising the proposed clinical testing of the device determines in writing that there exists a life threatening situation involving the human subject of such testing which necessitates the use of such device and it is not feasible to obtain informed consent from the subject and there is not sufficient time to obtain such consent from his representative. The determination required by subparagraph (D) shall be concurred in by a licensed physician who is not involved in the testing of the human subject with respect to which such determination is made unless immediate use of the device is required to save the life of the human subject of such testing and there is not sufficient time to obtain such concurrence. “(4)

Application approval.

Ante, p. 560.

 (A) An application, submitted in accordance with the procedures prescribed by regulations under paragraph (2), for an exemption for a device (other than an exemption from section 516) shall be deemed approved on the thirtieth day after the submission of the application to the Secretary unless on or before such day the Secretary by order disapproves the application and notifies the applicant of the disapproval of the application. “(B) The Secretary may disapprove an application only if he finds that the investigation with respect to which the application is submitted does not conform to procedures and conditions prescribed under

Hearing.

regulations under paragraph (2). Such a notification shall contain the order of disapproval and a complete statement of the reasons for the Secretary’s disapproval of the application and afford the applicant opportunity for an informal hearing on the disapproval order. “(5)

Exemption withdrawal.

 The Secretary may by order withdraw an exemption granted under this subsection for a device if the Secretary determines that the 90 STAT. 571conditions applicable to the device under this subsection for such exemption are not met. Such an order may be issued only after opportunity for an informal hearing, except that such an order may be issued before the provision of an opportunity for an informal hearing if the Secretary determines that the continuation of testing under the exemption with respect to which the order is to be issued will result in an unreasonable risk to the public health. “Release of Safety and Effectiveness Information “(h) (1) The Secretary shall promulgate regulations under which

Regulations.

a detailed summary of information respecting the safety and effectiveness of a device which information was submitted to the Secretary and which was the basis for— “(A) an order under section 515(d)(1)(A) approving an

Ante, p. 552.

application for premarket approval for the device or denying approval of such an application or an order under section 515(e) withdrawing approval of such an application for the device, “(B) an order under section 515(f)(6)(A) revoking an approved protocol for the device, an order under section 515(f) (6)(B) declaring a protocol for the device completed or not completed, or an order under section 515(f)(7) revoking the approval of the device, or “(C) an order approving an application under subsection (g) for an exemption for the device from section 516 or an order disapproving, or withdrawing approval of, an application for an exemption under such subsection for the device, shall be made available to the public upon issuance of the order.

Ante, p. 560.

Summaries of information made available pursuant to this paragraph respecting a device shall include information respecting any adverse effects on health of the device. “(2) The Secretary shall promulgate regulations under which each

Regulations.

advisory committee established under section 515(g)(2)(B) shall make available to the public a detailed summary of information respecting the safety and effectiveness of a device which information was submitted to the advisory committee and which was the basis for its recommendation to the Secretary made pursuant to section 515 (g) (2) (A). A summary of information upon which such a recommendation is based shall be made available pursuant to this paragraph only after the issuance of the order with respect to which the recommendation was made and each summary shall include information respecting any adverse effect on health of the device subject to such order. “(3) Any information respecting a device which is made available pursuant to paragraph (1) or (2) of this subsection (A) may not be used to establish the safety or effectiveness of another device for purposes of this Act by any person other than the person who submitted the information so made available, and (B) shall be made available subject to subsection (c) of this section. “Proceedings of Advisory Panels and Committees “(i) Each panel under section 513 and each advisory committee

Ante, p. 540.

Ante, p. 546.

established under section 514(g) (5) (B) or 515(g) or under subsection (f) of this section shall make and maintain a transcript of any proceeding of the panel or committee, Each such panel and committee shall delete from any transcript made pursuant to this subsection information which under subsection (c) of this section is to be considered confidential. 90 STAT. 572 “Traceability Requirements “(j) No regulation under this Act may impose on a type or class of device requirements for the traceability of such type or class of device unless such requirements are necessary to assure the protection of the public health. “Research and Development “(k)

Contracts.

 The Secretary may enter into contracts for research, testing, and demonstrations respecting devices and may obtain devices for research, testing, and demonstration purposes without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5). “Transitional Provisions for Devices Considered as New Drugs or Antibiotic Drugs “(l) (1) Any device intended for human use— “(A) for which on the date of enactment of the Medical Device Amendments of 1976 (hereinafter in this subsection referred to as the ‘enactment date’) an approval of an application

21 USC 355.

submitted under section 505 (b) was in effect; “(B) for which such an application was filed on or before the enactment date and with respect to which application no order of approval or refusing to approve had been issued on such date under subsection (c) or (d) of such section; “(C) for which on the enactment date an exemption under subsection (i) of such section was in effect; “(D) which is within a type of device described in subparaSraph (A), (B), or (C) and is substantially equivalent to another device within that type; “(E) which the Secretary in a notice published in the Federal Register before the enactment date has declared to be a new drug subject to section 505; or “(F)

21 USC 332–334.

21 USC 331.

 with respect to which on the enactment date an action is pending in a United States court under section 302, 303, or 304 for an alleged violation of a provision of section 301 which enforces a requirement of section 505 or for an alleged violation of section 505(a), is classified in class III unless the Secretary in response to a petition submitted under paragraph (2) has classified such device in class I or II. “(2)

Petition.

 The manufacturer or importer of a device classified under paragraph (1) may petition the Secretary (in such form and manner as he shall prescribe) for the issuance of an order classifying the

Notification.

device in class I or class II. Within thirty days of the filing of such a petition, the Secretary shall notify the petitioner of any deficiencies in the petition which prevent the Secretary from making a decision

Hearing.

on the petition. Except as provided in paragraph (3) (D) (ii), within one hundred and eighty days after the filing of a petition under this paragraph and after affording the petitioner an opportunity for an informal hearing, the Secretary shall, after consultation with the

Ante, p. 540.

appropriate panel under section 513, by order either deny the petition or order the classification, in accordance with the criteria prescribed by section 513(a) (1) (A) or 513(a) (1) (B), of the device in class I or class II. 90 STAT. 573 “(3) (A) In the case of a device which is described in paragraph (1) (A) and which is in class III— “(i) such device shall on the enactment date be considered a device with an approved application under section 515, and

Ante, p. 552.

 “(ii) the requirements applicable to such device before the enactment date under section 505 shall continue to apply to such

21 USC 355.

device until changed by the Secretary as authorized by this Act. “(B) Tn the case of a device which is described in paragraph (1) (B) and which is in class III, an application for such device shall be considered as having been filed under section 515 on the enactment date. The period in which the Secretary shall act on such application in accordance with section 515(d) (1) shall be one hundred and eighty days from the enactment date (or such greater period as the Secretary and the applicant may agree upon after the Secretary has made the finding required by section 515 (d) (1) (B) (i)) less the number of days in the period beginning on the date an application for such device was filed under section 505 and ending on the enactment date. After the expiration of such period such device is required, unless exempt under subsection (g), to have in effect an approved application under section 515. “(C) A device which is described in paragraph (1) (C) and which is in class TH shall be considered a new drug until the expiration of the ninety-day period beginning on the date of the promulgation of regulations under subsection (g) of this section. After the expiration of such period such device is required, unless exempt under subsection (g), to have in effect an approved application under section 515. “(D) (i) Except as provided in clauses (ii) and (iii), a device which is described in subparagraph (D), (E), or (F) of paragraph (1) and which is in class III is required, unless exempt under subsection (g) of this section, to have on and after sixty days after the enactment date in effect an approved application under section 515. “(ii) If— “(I) a petition is filed under paragraph (2) for a device described in subparagraph (D), (E),or (F) of paragraph (1),or “(II) an application for premarket approval is filed under section 515 for such a device, within the sixty-day period beginning on the enactment date (or within such greater period as the Secretary, after making the finding required under section 515(d)(1)(B), and the petitioner or applicant may agree upon), the Secretary shall act on such petition or application in accordance with paragraph (2) or section 515 except that the period within which the Secretary must act on the petition or application shall be within the one hundred and twenty-day period beginning on the date the petition or application is filed. If such a petition or application is filed within such sixty-day (or greater) period, clause (i) of this subparagraph shall not apply to such device before the expiration of such one hundred and twenty-day period, or if such petition is denied or such application is denied approval, before the date of such denial, whichever occurs first. “(iii) In the case of a device which is described in subparagraph

Publication in Federal Register.

(E) of paragraph (1), which the Secretary in a notice published in the Federal Register after March 31, 1976, declared to be a new drug subject to section 505, and which is in class TIT— “(I) the device shall, after eighteen months after the enactment date, have in effect an approved application under section 515 unless exempt under subsection (g) of this section, and “(II) the Secretary may, during the period beginning one 90 STAT. 574hundred and eighty days after the enactment date and ending eighteen months after such date, restrict the use of the device to investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of such device, and to investigational use in accordance with the requirements applicable muter regulations under subsection (g) of this section to investigational use of devices granted an exemption under such subsection. If the requirements under subsection (g) of this section are made applicable to the investigational use of such a device, they shall be made applicable in such a manner that the device shall be made reasonably available, to physicians meeting appropriate qualifications prescribed by the Secretary. “(4)

21 USC 357.

 Any device intended for human use which on the enactment date was subject to the requirements of section 507 shall be subject to such requirements as follows: “(A) In the case of such a device which is classified into class I, such requirements shall apply to such device until the effective date of the regulation classifying the device into such class. “(B) In the case of such a device which is classified into class II, such requirements shall apply to such device until the effective date of a performance standard applicable to the device under

Ante, p. 546.

section 514. “(C) In the case of such a device which is classified into class III, such requirements shall apply to such device until the date on which the device is required to have in effect an approved

Ante, p. 552.

application under section 515.
“state and local requirements respecting devices
“General Rule “Sec. 521.

21 USC 360k.

 (a) Except as provided in subsection (b), no State or political subdivision of a State may establish or continue in effect with respect to a device intended for human use any requirement— “(1) which is different from, or in addition to, any requirement applicable under this Act to the device, and “(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this Act. “Exempt Requirements “(b)

Regulation.

Notice and hearing.

 Upon application of a State or a political subdivision thereof, the Secretary may, by regulation promulgated after notice and opportunity for an oral hearing, exempt from subsection (a), under such conditions as may be prescribed in such regulation, a requirement of such State or political subdivision applicable to a device intended for human use if— “(1) the requirement is more stringent than a requirement under this Act which would be applicable to the device if an exemption were not in effect under this subsection; or “(2) the requirement— “(A) is required by compelling local conditions, and “(B) compliance with the requirement would not cause the device to be in violation of any applicable requirement under this Act.”.
90 STAT. 575 conforming amendments
Amendments to Section 201 Sec. 3. (a) (1) (A) Paragraph (h) of section 201 is amended to read

21 USC 321.

as follows: “(h) The term ‘device’ (except when used in paragraph (n) of this

“Device.”

21 USC 331, 343, 352, 362.

section and in sections 301 (i), 403(f), 502(c), and 602(c)) means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is— “(1) recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them, “(2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or “(3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its principal intended purposes through c’emical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.”. (B) Section 15(d) of the Federal Trade Commission Act is amended

15 USC 55.

to read as follows: “(d) The term ‘device’ (except when used in subsection (a) of this

“Device.”

section) means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is— “(1) recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them, “(2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or “(3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its principal intended purposes through chemical notion within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.”. (2) Section 201 is amended by adding at the end the following: “(y) The term ‘informal hearing’ means a hearing which is not

“Informal hearing.”

subject to section 554, 556, or 557 of title 5 of the United States Code and which provides for the following: “(1) The presiding officer in the hearing shall be designated by the Secretary from officers and employees of the Department of Health, Education, and Welfare who have not participated in any action of the Secretary which is the subject of the hearing and who are not directly responsible to an officer or employee of the Department who has participated in any such action. “(2) Each party to the hearing shall have the right at all times to be advised and accompanied by an attorney. “(3) Before the hearing, each party to the hearing shall be

Notice.

given reasonable notice of the matters to be considered at the hearing, including a comprehensive statement of the basis for the action taken or proposed by the Secretary which is the subject of the hearing and a general summary of the information which will be presented by the Secretary at the hearing in support of such action. 90 STAT. 576 “(4)

Statement

 At the hearing the parties to the hearing shall have the right to hear a full arid complete statement of the action of the Secretary which is the subject of the hearing together with the information and reasons supporting such action, to conduct reasonable questioning, and to present any oral or written information relevant to such action. “(5)

Report.

 The presiding officer in such hearing shall prepare a written report of the hearing to which shall he attached all

Review.

written material presented at the hearing. The participants in the hearing shall be given the opportunity to review and correct or supplement the presiding officer’s report, of the hearing. “(6)

Transcription.

 The Secretary may require the hearing to be transcribed. A party to the hearing shall have the right to have the hearing transcribed at his expense. Any transcription of a hearing shall be included in the presiding officer’s report, of the hearing.”. Amendments to Section 301 (b)

21 USC 331.

 (1) Section 301 is amended by adding at the end the following new paragraphs: “(q) (1) The failure or refusal to (A) comply with any

Ante, pp. 562, 565.

Ante, p. 564.

requirement prescribed under section 518 or 520(g), or (B) furnish any notification or other material or information required by or under section 519 or 520(g). “(2) With respect to any device, the submission of any report that is required by or under this Act that is false or misleading in any material respect”. (2) Section 301(e) is amended by striking out “or” before “512” ml by inserting after “(m)” a comma and the following: “515(f), or 519”. (3) Section 301(j) is amended by inserting “510,” before “512”, by inserting “513, 514, 515, 516. 518, 519, 520” before “704”. and by striking out “or 706” and inserting in lieu thereof “706, or 708”. (4) Section 301(1) is amended (A) by inserting “or device” after “drug” each time it occurs, and (B) by striking out “505” and inserting in lieu thereof “505, 515, or 520(g), as the case may be”. Amendments to Section 304 (c)

21 USC 334.

 Section 304(a) is amended (1) by striking out “device,” in paragraph (1), and (2) by striking out “and” before “(C)” in paragraph (2), and (3) by striking out the period at the end of that paragraph and inserting in lieu thereof a comma and the following: “and (D) Any adulterated or misbranded device.”. Amendments to Section 501 (d)

21 USC 351.

 Section 501 is amended by adding at the end the following new paragraphs: “(e)

Ante, p. 546.

 If it is, or purports to be or is represented as, a device which is subject to a performance standard established under section 514, unless such device is in all respects in conformity with such standard. “(f) (1) If it is a class TIT device— “(A) (i) which is required by a regulation promulgated under

Ante, p. 552.

subsection (b) of section 515 to have an approval under such section of an application for premnrket approval and which is not exempt from section 515 under section 520(g), and 90 STAT. 577 “(ii) (I) for which an application for premarket approval or a notice of completion of a product development protocol was not filed with the Secretary within the ninety-day period beginning on the date of the promulgation of such regulation, or “(II) for which such an application was filed and approval of the application has been denied or withdrawn, or such a notice was filed and has been declared not completed or the approval of the device under the protocol has been withdrawn; “(B) (i) which was classified under section 513(f) into class

Ante, p. 540.

Ante, p. 552.

III, which under section 515(a) is required to have in effect an approved application for premarket approval, and which is not exempt from section 515 under section 520(g), and

Ante, p. 565.

 “(ii) which does not have such an application in effect; or “(C) which was classified under section 520(1) into class III, which under such section is required to have in effect an approved application under section 515, and which does not have such an application in effect. “(2) (A) In the case of a device classified under section 513(f) into class TIT and intended solely for investigational use, paragraph (1) (B) shall not apply with respect to such device during the period ending on the ninetieth day after the date of the promulgation of the regulations prescribing the procedures and conditions required by section 520(g) (2). “(B) In the case of a device subject to a regulation promulgated under subsection (b) of section 515, paragraph (1) shall not apply with respect to such device during the period ending— “(i) on the last day of the thirtieth calendar month beginning after the month in which the classification of the device in class III became effective under section 513, or “(ii) on the ninetieth day after the date of the promulgation of such regulation, whichever occurs later. “(g) If it is a banned device. “(h) If it is a device and the methods used in, or the facilities or controls used for, its manufacture, packing, storage, or installation are not in conformity with applicable requirements under section 520 (f) (1) or an applicable condition prescribed by an order under section 520(f)(2). “(i) If it is a device for which an exemption has been granted under section 520(g) for investigational use and the person who was granted such exemption or any investigator who uses such device, under such exemption fails to comply with a requirement prescribed by or under such section.”. Amendments to Section 502 (e) (1) Section 502 is amended by adding at the end the following

21 USC 352.

new paragraphs: “(q) In the case of any restricted device distributed or offered for sale in any State, if (1) its advertising is false or misleading in any particular, or (2) it is sold, distributed, or used in violation of regulations prescribed under section 520(e). “(r) In the case of any restricted device distributed or offered for sale in any State, unless the manufacturer, packer, or distributor there-of includes in alt advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that device (1) a true statement of the device’s 90 STAT. 578

21 USC 352.

established name as defined in section 502(e), printed prominently and in type at least half as large as that used for any trade or brand

Notice and hearing.

name thereof, and (2) a brief statement of the intended uses of the device and relevant warnings, precautions, side effects, and contra-indications and, in the case of specific devices made subject to a finding by the Secretary after notice and opportunity for comment that such action is necessary to protect the public health, a full description of the components of such device or the formula showing quantitatively each ingredient of such device to the extent required in regulations which shall be issued by the Secretary after an opportunity for a hearing. Except in extraordinary circumstances, no regulation issued under this paragraph shall require prior approval by the Secretary of the content of any advertisement and no advertisement of a restricted device, published after the effective date of this paragraph shall, with respect to the matters specified in this paragraph or covered by regulations issued hereunder, be subject to the provisions of sections 12 through 15 of the Federal Trade Commission Act (15 U.S.C. 52–55). This paragraph shall not be applicable to any printed mutter which the Secretary determines to he labeling as denied in

21 USC 321.

section 201(m). “(s) If it is a device subject to a performance standard established

Ante, p. 546.

under section 514, unless it bears such labeling as may be prescribed in such performance standard. “(t) If it is a device and there was a failure or refusal (1) to comply

Ante, p. 562.

with any requirement prescribed under section 518 respecting the device, or (2) to furnish any material or information required by or

Ante, p. 564.

under section 519 respecting the device.”. (2) Section 502(j) is amended by inserting “or manner” after “dosage”. Amendments to Section 801 (f)

21 USC 381.

 (1) Section 801(d) is amended to read as follows: “(d) (1) A food, drug, device, or cosmetic intended for export shall not be deemed to be adulterated or misbranded under this Act if it— “(A) accords to the specifications of the foreign purchaser, “(B) is not in conflict with the laws of the country to which it is intended for export. “(C) is labeled on the outside of the shipping package that it is intended for export, and “(D) is not sold or offered for sale in domestic commerce. This paragraph does not authorize the exportation of any new animal drug, or an animal feed bearing or containing a new animal drug,

21 USC 360b.

which is unsafe within the meaning of section 512. “(2) Paragraph (1) does not apply to any device— “(A) which does not comply with an applicable requirement

Ante, p. 552.

of section 514 or 515, “(B) which under section 520(g) is exempt from either such section, or “(C)

Ante, p. 560.

 which is a banned device under section 516, unless, in addition to the requirements of paragraph (1), the Secretary has determined that the exportation of the device is not contrary to public health and safety and has the approval of the country to which it is intended for export,.”. (2) Section 801(a)(1) is amended by inserting after “conditions” the following: “or, in the case of a device, the methods used in, or the facilities or controls used for, the manufacture, packing, storage, 90 STAT. 579or installation of the device do not conform to the requirements of section 520(f)”.

Ante, p. 565.
registration of device manufacturers Sec. 4. (a) Section 510 is amended as follows:

21 USC 360.

 (1) The section heading is amended, by inserting “and devices” after “drugs”. (2) Subsection (a) (1) is amended by inserting “or device package” after “drug package”; by inserting “or device” after “the drug”; and by inserting “or user” after “consumer”. (3) Subsections (b), (c), and (d) are amended by inserting “or a device or devices” after “drugs” each time it occurs. (4) Subsection (e) is amended by adding at the end the following: “The Secretary may by regulation prescribe a uniform system for the identification of devices intended for human use and may require that persons who are required to list such devices pursuant to subsection (j) shall list such devices in accordance with such system.”. (5) Subsection (g) is amended by inserting “or devices” after “drugs” each time such term occurs in paragraphs (1), (2), and (3) of such subsection. (6) Subsection (h) is amended by inserting after “704 and” the following: “every such establishment engaged in the manufacture, propagation, compounding, or processing of a drug or drugs or of a device or de vices classified in class IT or III”. (7) The first sentence of subsection (i) is amended by inserting “, or a device or devices,” after “drug or drugs”; and the second sentence of such subsection is amended by inserting “shall require such establishment to provide the information required by subsection (j) in the case of a device or devices and” immediately before “shall include” and by inserting “or devices” after “drugs”. (8) Subsection (j) is amended— (A) in the matter preceding subparagraph (A) of paragraph (1), by striking out “a list of all drugs (by established name” and inserting in lieu thereof “a list of all drugs and a list of all devices and a brief statement of the basis for believing that each device included in the list is a device rather than a drug (with each drug and device in each list listed by its established name”, and by striking out “drugs filed” and inserting in lieu thereof “drugs or devices filed”: (B) in paragraph (1)(A), by striking out “such list” and inserting in lieu thereof “the applicable list”; by inserting “or a device intended for human use contained in the applicable list with respect to which a performance standard has been established under section 514 or which is subject to section 515,” after “512,”,

Ante, pp. 546, 552.

and by inserting “or device” after “such drug” each time it appears; (C) in paragraph (1) (B), by striking out “drag contained in such list” before clause (i) and inserting in lieu thereof “drug or device contained in an applicable list”; (D) by amending clause (i) of paragraph (1) (B) to read as follows— “(i) which drag is subject to section 503(b) (1), or which

21 USC 353.

device is a restricted device, a copy of all labeling for such drug or device, a representative sampling of advertisements for such drug or device, and, upon request made by the Secretary for good cause, a copy of all advertisements for a particular drug product or device, or”; 90 STAT. 580 (E) by amending clause (ii) of paragraph (1) (B) to read as follows: “(ii)

21 USC 353.

 which drug is not subject to section 503(b)(1) or which device is not a restricted device, the label and package insert for such drug or device and a representative sampling of any other labeling for such drug or device;”; (F) in paragraph (1)(C), by striking out “such list” and inserting “an applicable list” in lieu thereof; (G) in paragraph (1)(D), by striking out “the list” and inserting in lieu thereof “a list”; by inserting “or the particular device contained in such list is not subject to a performance

Ante, pp. 546, 552.

standard established under section 514 or to section 515 or is not a restricted device” after “512,”; and by inserting “or device” after “particular drug product” each pl ace it occurs; and (H) in paragraph (2), by inserting “or device” after “drug” each time it appears and, in paragraph (2)(C), by inserting “each” before “by established name”. (9) Such section is amended by adding after subsection (j) the following new subsection: “(k)

Report.

 Each person who is required to register under this section and who proposes to begin the introduction or delivery for introduction into interstate commerce for commercial distribution of a device intended for human use shall, at least ninety days before making such introduction or delivery, report to the Secretary (in such form and manner as the Secretary shall by regulation prescribe) — “(1)

Ante, p. 540.

 the class in which the device is classified under section 513 or if such person determines that the device is not classified under such section, a statement of that determination and the basis for such person’s determination that the device is or is not so classified, and “(2) action taken by such person to comply with requirements under section 514 or 515 which are applicable to the device.”. (b)

21 USC 331.

 (1) Section 301 (p) is amended by striking out “510(j),” and inserting in lieu thereof “510(j) or 510(k),”. (2)

21 USC 352.

 Section 502(o) is amended (A) by striking out “is a drug and” and (B) by inserting before the period a comma and the following: “

21 USC 360.

if it was not included in a list required by section 510(j), if a notice or other information respecting it was not provided as required by such section or section 510 (k), or if it does not bear such symbols from the uniform system for identification of devices prescribed under section 510(c) as the Secretary by regulation requires.” (3)

21 USC 381.

 The second sentence of section 801(a) is amended by inserting “or devices” after “drugs” each time it occurs.
device established and official names Sec. 5.

21 USC 352.

 (a) (1) Subparagraph (1) of section 502(e) is amended by striking out “subparagraph (2)” and inserting in lieu thereof “subparagraph (3)”. (2) Subparagraph (2) of such section is redesignated as subparagraph (3) and is amended by striking out “this paragraph (e)” and inserting in lieu thereof “subparagraph (1) ”. (3) Such section is amended by adding after subparagraph (1) the following new subparagraph: “(2) If it is a device and it has an established name, unless its label bears, to the exclusion of any other nonproprietary name, its established name (as defined in subparagraph (4)) prominently printed in type at least half as large as that used thereon for any proprietary 90 STAT. 581name or designation for such device, except that to the extent compliance with the requirements of this subparagraph is impracticable, exemptions shall he established by regulations promulgated by the Secretary.”. (4) Such section is amended by adding after subparagraph (3) (as so redesignated) the following: “(4) As used in subparagraph (2), the term ‘established name’ with

“Established name.”

21 USC 358.

respect to a device means (A) the applicable official name of the device designated pursuant to section 508, (B) if there is no such name and such device is an article recognized in an official compendium, then the official title thereof in such compendium, or (C) if neither clause (A) nor clause (B) of this subparagraph applies, t hen any common or usual name of such device.”. (b) Section 508 is amended (1) in subsections (a) and (e) by adding “or device” after “drug” each time it appears; (2) in subsection (b) by adding after “all supplements thereto,” the following: “and at such times as he may deem necessary shall cause a review

Review.

to be made of the official names by which devices are identified in any official compendium (and all supplements thereto)”; (3) in subsection (c) (2) by adding “or device” after “single drug”, and by adding “or to two or more devices which are substantially equivalent in design mid purpose.” after “purity,”; (4) in subsection (c)(3) by adding “or device” after “useful drug”, and after “drug or drugs’ each time it appears; and (5) in subsection (d) by adding “or devices” after “drugs”.
inspections relating to devices Sec. 6. (a) The second sentence of subsection (a) of section 704 (21 U.S.C. 374) is amended by inserting “or restricted devices” after “prescription drugs” both times it appears. (b) The third sentence of such subsection is amended to read as follows: “No inspection authorized by the preceding sentence shall extend to financial data, sales data other than shipment data, pricing data, personnel data (other than data as to qualifications of technical and professional personnel performing functions subject to this Act), and research data (other than data relating to new drugs, antibiotic drugs, and devices and subject to reporting and inspection under regulations lawfully issued pursuant to section 505 (i) or (j), section 507 (d) or (g), section 519, or 520(g), and data relating to other

21 USC 355, 357.

Ante, pp. 564, 565.

drugs or devices which in the case of a new drug would be subject to reporting or inspection under lawful regulations issued pursuant to section 505(j)).”. (c) (1) Paragraph (1) of the sixth sentence of such subsection is amended by inserting “or devices” after “drugs” each time it occurs. (3) Paragraph (2) of that sentence is amended by inserting “, or prescribe or use devices, as the case may be,” after “administer drugs”; and by inserting “, or manufacture or process devices,” after “process drugs”. (4) Paragraph (3) of that sentence is amended by inserting “or manufacture or process devices,” after “process drugs”. (d) Section 704 is amended by adding at the end the following new subsection: “(e) Every person required, under section 519 or 520(g) to maintain

Records, accessibility.

records and every person who is in charge or custody of such records shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to, and to copy and verify, such records.”.
90 STAT. 582
administrative restraint Sec. 7.

21 USC 334.

 (a) Section 304 is amended by adding at the end the following new subsection; “(g)

Detention.

21 USC 374.

 (1) M during an inspection conducted under section 704 of a facility’ or a vehicle, a device which the officer or employee making the inspection has reason to believe is adulterated or misbranded is found in such facility or vehicle, such officer or employee may order the device detained (in accordance with regulations prescribed by the Secretary) for a reasonable period which may not exceed twenty days unless the Secretary determines that a period of detention greater than twenty days is required to institute an action under subsection

21 USC 332.

Regulations.

(a) or section 302, in which case he may authorize a detention period of not to exceed thirty days. Regulations of the Secretary prescribed under this paragraph shall require that before a device may be ordered detained under this paragraph the Secretary or an officer or employee designated by the Secretary approve such order. A detention order under this paragraph may require the labeling or marking of a device during the period of its detention for the purpose of

Appeal.

identifying the device as detained. Any person who would be entitled to claim a device if it were seized under subsection (a) may appeal to the Secretary a detention of such device under this paragraph. Within five days of the date an appeal of a detention is filed with the Secretary, the Secretary shall after affording opportunity for an informal hearing by order confirm the detention or revoke it. “(2) (A) Except as authorized by subparagraph (B), a device subsection to a detention order issued under paragraph (1) shall not be moved by any person from the place at which it is ordered detained until— “(i) released by the Secretary, or “(ii) the expiration of the detention period applicable to such order, whichever occurs first. “(B) A device subject to a detention order under paragraph (1) may be moved— “(i) in accordance with regulations prescribed by the Secretary, and “(ii) if not in final form for shipment, at the discretion of the manufacturer of the device for the purpose of completing the work required to put it in such form.”. (b)

21 USC 331.

 Section 301 is amended by adding after the paragraph added by section 3 (b) (1) the following new paragraph: “(r) The movement of a device in violation of an order under section 304(g) or the removal or alteration of any mark or label required by the order to identify the device as detained.”.
confidential information; presumption Sec. 8. Chapter 7 is amended by adding at the end the following new sections: “confidential information
“Sec. 708.

21 USC 379a.

 The Secretary may provide any information which is exempt from disclosure pursuant to subsection (a) of section 552 of title 5, United States Code, by reason of subsection (b) (4) of such section to a person other than an officer or employee of the Department if the Secretary determines such other person requires the information in connection with an activity which is undertaken under contract with the Secretary, which relates to the administration of this Act, and with 90 STAT. 583respect to which the Secretary (or an officer or employee of the Department) is not prohibited from using such information. The Secretary shall require as a condition to the provision of information under this section that the person receiving it take such security precautions respecting the information as the Secretary may by regulation prescribe.
“presumption “Sec. 709. In any action to enforce the requirements of this Act

21 USC 379a.

respecting a device the connection with interstate commerce required for jurisdiction in such action shall be presumed to exist.”.
color additives Sec. 9. (a) Section 706 is amended (1) by inserting “or device” after

21 USC 376.

“drug” each time it occurs, (2) by inserting “or devices” after “drugs” each time it occurs, and (3) by adding at the end of subsection (a) the following new sentences: “A color additive for use in or on a device shall be subject to this section only if the color additive comes in direct contact with the body of man or other animals for a significant period of time. The Secretary may by regulation designate the uses or color additives in or on devices which are subject to this section.”. (b) (1) Section 501(a) is amended (A) by inserting “(3) if its” in

21 USC 351.

lieu of “(3) if it is a drug and its”: (2) by inserting “(4) if (A) it bears or contains” in lieu of “(4) if (A) it is a drug which bears or contains”: and (3) by inserting “or devices” after “drugs” in subclause (B) of clause (4). (2) Section 502 (m) is amended by striking out “in or on drugs”.

21 USC 352.
assistance for small manufacturers of devices Sec. 10. The Secretary of Health, Education, and Welfare shall

Office.

Establishment.

42 USC 3512.

establish within the Department of Health, Education, and Welfare an identifiable office to provide technical and other nonfinancial assistance to small manufacturers of medical devices to assist them in complying with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended by this Act.
Approved May 28, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–853 accompanying H.R. 6844 (Comm. on Interstate and Foreign Commerce) and No. 94–1090 (Comm. of Conference). SENATE REPORT No. 94–33 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD:

Vol. 121 (1975): Apr. 17, considered and passed Senate.

Vol. 122 (1976): Mar. 9, considered and passed House, amended, in lieu of H.R. 6844.

May 13, House and Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 22 (1976): May 28, Presidential statement.

 Public Law 94–296: To amend section 404(d) of title 37, United States Code, relating to tier diem expenses of members of the uniformed services traveling on official business. Public Law 296 Public Law 94–296 90 Stat. 584 1976-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 584 Public Law 94–296 94th Congress
An Act To amend section 404(d) of title 37, United States Code, relating to tier diem expenses of members of the uniformed services traveling on official business.

May 29, 1976

[H.R. 8089]

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

Uniformed services.

Travel expenses.
That section 404(d) of title 37, United States Code, is amended— (1) by striking out “of not more than $25 a day” and inserting in lieu thereof “in an amount sufficient to meet actual and necessary expenses, but in no event more than $35 a day”. (2) by amending the last sentence to read as follows: “Under regulations prescribed by the Secretaries concerned, when either travel is to an area designated as a high cost area in those regulations or the per diem of clause (2) or this subsection is less than the amount, of the actual and necessary expenses required by the unusual circumstances of the travel assignment, reimbursement may be authorized for actual and necessary expenses, but not for more than $50 for each day in a travel status.”.
Sec. 2.

Effective date.

37 USC 404 note.

 The amendments made by this Act become effective on the first day of the first calendar month following the date of enactment.
Approved May 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–634 (Comm. on Armed Services). SENATE REPORT No. 94–715 (Comm. on Armed Services). CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 17, considered and passed House.

Vol. 122 (1976): Mar. 31, considered and passed Senate, amended.

May 18, House concurred in Senate amendment.

 Public Law 94–297: To provide for the definition and punishment of certain crimes in accordance with the Federal laws in force within the special maritime and territorial jurisdiction of the United States when said crimes are committed by an Indian in order to insure equal treatment for Indian and non-Indian offenders. Public Law 297 Public Law 94–297 90 Stat. 585 1976-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 585 Public Law 94–297 94th Congress
An Act To provide for the definition and punishment of certain crimes in accordance with the Federal laws in force within the special maritime and territorial jurisdiction of the United States when said crimes are committed by an Indian in order to insure equal treatment for Indian and non-Indian offenders.

May 29, 1976

[S. 2129]

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

Indian Crimes Act of 1976.

18 USC 1153 note.
That this Act may be cited as the “Indian Crimes Act of 1976”.
Sec. 2. Section 1153, title 18, United States Code, is amended to read as follows:
Ҥ 1153. Offenses committed within Indian country

“Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnaping, rape, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and larceny within the Indian country, shall be subject to the same laws and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.

“As used in this section, the offenses of burglary and incest shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.

“In addition to the offenses of burglary and incest, any other of the above offenses which are not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.”.
Sec. 3. Section 113 of title 18, United States Code, is amended by

Assault, penalties.

adding at the end thereof the following new subsection: “(f) Assault resulting in serious bodily injury, by fine of not more than $10,000 or imprisonment for not more than ten years, or both.”.
90 STAT. 586
Sec. 4. Section 3242, title 18, United States Code, is amended to read as follows:
“§ 3242. Indians committing certain offenses; acts on reservations “All Indians committing any offense listed in the first paragraph

Ante, p. 585.

of and punishable under section 1153 (relating to offenses committed within Indian country) of this title shall be tried in the same courts and in the same manner as are all other persons committing such offense within the exclusive jurisdiction of the United States.”.
Approved May 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1038 (Comm. on the Judiciary). SENATE REPORT No. 94–620 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 4, considered and passed Senate.

May 18, considered and passed House, amended.

May 20, Senate concurred in House amendment.

 Public Law 94–298: To authorize further appropriations for the Council on Environmental Quality. Public Law 298 Public Law 94–298 90 Stat. 587 1976-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 587 Public Law 94–298 94th Congress
An Act To authorize further appropriations for the Council on Environmental Quality.

May 29, 1976

[H.R. 11619]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 205 of

Council on Environmental Quality. Appropriation authorization.

the Environmental Quality Improvement Act of 1970 (42 U.S.C. 4374) is amended to read as follows:
“Sec. 205. There are hereby authorized to be appropriated for the operations of the Office of Environmental Quality and the Council on Environmental Quality not to exceed the following sums for the following fiscal years which sums are in addition to those contained in Public Law 91–190:

42 USC 4321 note.

 “(a) $2,000,000 for the fiscal year ending June 30, 1976. “(b) $500,000 for the transition period (July 1, 1976, to September 30, 1976). “(c) $3,000,000 for the fiscal year ending September 30, 1977. “(d) $3,000,000 for the fiscal year ending September 30, 1978.”
Approved May 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–888 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94–814 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 15, considered and passed House.

May 17, considered and passed Senate.

 Public Law 94–299: To amend the Federal Trade Commission Act to increase the authorization of appropriations for fiscal year 1976, and for other purposes. Public Law 299 Public Law 94–299 90 Stat. 588 1976-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 588 Public Law 94–299 94th Congress
An Act To amend the Federal Trade Commission Act to increase the authorization of appropriations for fiscal year 1976, and for other purposes.

May 29, 1976

[H.R. 12527]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 20 of

15 USC 57c.

the Federal Trade Commission Act (15 U.S.C. 57(c)) is amended by striking out “$46,000,000” and inserting in lieu thereof “$47,091,000”.
Sec. 2. Section 202(d) of the Magnuson-Moss Warranty—Federal

15 USC 57a note.

Trade Commission Improvement. Act is amended by striking out “18 months after the date of enactment of this Act” and inserting in lieu thereof “July 5, 1978”.
Approved May 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1104 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94–701 accompanying S. 2935 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 17, considered and passed House.

May 19, considered and passed Senate, amended.

May 21, House concurred in Senate amendments.

 Public Law 94–300: To authorize and direct the Administrator of General Services to convey certain land in Cambridge, Massachusetts, to the Commonwealth of Massachusetts. Public Law 300 Public Law 94–300 90 Stat. 589 1976-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 589 Public Law 94–300 94th Congress
An Act To authorize and direct the Administrator of General Services to convey certain land in Cambridge, Massachusetts, to the Commonwealth of Massachusetts.

May 29, 1976

[S. 3399]

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

Commonwealth of Massachusetts.

Land conveyance.

of General Services is authorized and directed to convey to the Commonwealth of Massachusetts, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to that certain tract of land, situated in Cambridge, Massachusetts, which was conveyed to the United States, by the Commonwealth of Massachusetts, as a gift on behalf of its people in order to provide a site for the Presidential archival depository of the John Fitzgerald Kennedy Library, by a deed dated January 24, 1968, and recorded with the Middlesex, Massachusetts, Southern District Registry of Deeds in book 11467 at page 668.
Approved May 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1182 accompanying H.R. 6844 (Comm. on Government Operations). SENATE REPORT No. 94–840 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 18, considered and passed Senate.

May 20, considered and passed House, in lieu of H.R. 6844.

 Public Law 94–301: To amend the Noise Control Act of 1972 to authorise additional appropriations. Public Law 301 Public Law 94–301 90 Stat. 590 1976-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 590 Public Law 94–301 94th Congress
An Act To amend the Noise Control Act of 1972 to authorise additional appropriations.

May 31, 1976

[H.R. 5275]

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

Noise Control Act of 1972, appropriation authorization.
That subsection (g) of section 15 of the Noise Control Act of 1972 (42 U.S.C. 4914(g) j is amended by striking out the period at the end thereof and substituting a comma and the following; “$2,200,000 for the fiscal year ending June 30, 1976, $550,000 for the transition period of July 1, 1976, through September 30, 1976, and $2,420,000 for the fiscal year ending September 30, 1977 ”
Sec. 2. Section 19 of the Noise Control Act of 1972 (42 U.S.C. 4918) is amended by striking out “and” and by inserting immediately before the period at “the end thereof the following: “; $11,090,000 for the fiscal year ending June 30, 1976; $2,772,500 for the transition period of July 1, 1976, through September 30, 1976; and $12,199,000 for the fiscal year ending September 30, 1977; except that no part of any amount appropriated pursuant to this section or section 15 for any period after the fiscal year ending June 30, 1975, shall be available for research or development”.
Approved May 31, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–179 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94–481 (Comm. on Public Works). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 29, considered and passed House.

Dec. 1, considered and passed Senate, amended.

Vol. 122 (1976): May 20, Senate receded from its amendments.

 Public Law 94–302: To provide for increased participation by the United States in the Inter-American Development Bank, to provide for the entry of nonregional members and the Bahamas and Guyana in the Inter-American Development Bank, to provide for the participation of the United States in the African Development Fund, and for other purposes. Public Law 302 Public Law 94–302 90 Stat. 591 1976-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 591 Public Law 94–302 94th Congress
An Act To provide for increased participation by the United States in the Inter-American Development Bank, to provide for the entry of nonregional members and the Bahamas and Guyana in the Inter-American Development Bank, to provide for the participation of the United States in the African Development Fund, and for other purposes.

May 31, 1976

[H.R. 9721]

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

Inter-American Development Bank and the African Development Fund, increased U.S. participation.

Swine influenza, control.

22 USC 283w.
Sec. 101. The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is further amended by adding at the end thereof the following new sections:
“Sec. 26. (a) The United States Governor of the Bank is hereby authorized to vote in favor of two resolutions proposed by the Governors at a special meeting in July 1975, and now pending before the Board of Governors of the Bank, which provide for (1) an increase in the authorized capital stock of the Bank and additional subscriptions of members thereto and (2) an increase in the resources of the Fund for Special Operations and contributions thereto. Upon adoption of such resolutions, the United States Governor is authorized to agree on behalf of the United States (1) to subscribe to ninety-nine thousand four hundred and seventy-four shares of $10,000 par value of the increase in the authorized capital stock of the Bank of which eighty-nine thousand five hundred and twenty-six shall be callable shares and nine thousand nine hundred and forty-eight shall be paid in and (2) to contribute to the Fund for Special Operations $600,000,000, in accordance with and subject to the terms and conditions of such resolutions. (b) There are hereby authorized to be appropriated, without fiscal

Appropriation authorization.

year limitation, the amounts necessary for payment by the Secretary of the Treasury of (1) $1,199,997,873 for the United States subscription to the capital stock of the Bank and (2) $600,000,000 for the United States share of the increase in the resources of the Fund for Special Operations.
“Sec. 27. (a) The United States Governor of the Bank is hereby

22 USC 283x.

authorized to vote for an additional increase of one hundred and eight thousand shares of $10,000 par value in the authorized callable capital stock of the Bank as recommended in the resolution of the Board of Governors entitled ‘Increase of US$4 Billion in the Authorized Capital Stock and Subscriptions Thereto’. Upon adoption of a Board of Governors resolution increasing the authorized capital stock of the Bank by such amount, the United States Governor is authorized to agree on behalf of the United States to subscribe to thirty-seven thousand three hundred and three shares of $10,000 par value of such additional increase in callable capital in accordance with and subject to the terms and conditions of such resolution. 90 STAT. 592 (b)

Appropriation authorization.

 In order to pay for the increase in the United States subscription to the Bank provided for in this section, there is hereby authorized to be appropriated, without fiscal year limitation, $450,002,218 for payment by the Secretary of the Treasury.”.
Sec. 102. Under the center heading “Investment in Inter-American Development Bank” in title III of the Foreign Assistance

89 Stat 22.

and Related Programs Appropriations Act, 1975, strike out all that follows after “to remain available until expended” and insert in lieu thereof a period.
Sec. 103. (a) The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is further amended as follows: (1) By adding after section 22 the following new sections:
“Sec. 23.

22 USC 283t.

 The United States Governor of the Bank is authorized to vote for three proposed resolutions of the Board of Governors entitled (a) ‘Amendments to the Agreement Establishing the Bank with respect to the Creation of the Inter-Regional Capital Stock of the Bank and to Related Matters’, (b) ‘General Rules Governing Admission of Nonregional Countries to Membership in the Bank’, and (c) ‘Increase in the Authorized Callable Ordinary Capital Stock and Subscriptions Thereto in Connection with the Admission of Hon-regional Member Countries’, which were submitted to the Board of Governors pursuant to a resolution of the Board of Executive Directors approved on March 4, 1975.
“Sec. 24.

22 USC 283u.

 The United States Governor of the Bank is authorized to agree to the amendments to article II, section 1(b) and article IV, Section 3(b) of the Agreement Establishing the Bank, as proposed by the Board of Executive Directors, to provide for membership for the Bahamas and Guyana in the Bank at such times and in accordance with such terms as the Bank may determine.
“Sec. 25.

22 USC 283v.

 The United States Governor of the Bank is authorized to agree to the amendments to article III, sections 1, 4, and 6(b) of the Agreement Establishing the Bank, as proposed by the Board of Executive Directors, to provide for lending to the Caribbean Development Bank.
“Sec. 28.

22 USC 283y.

 (a) The United States Executive Director of the Bank is authorized and directed to vote against any loan, any extension of financial assistance, or any technical assistance to any country which engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country. “(b) In determining whether this standard is being met with regard to activities of the Inter-American Development Bank, the Committee on Foreign Relations of the Senate or the House Committee on International Relations, or the House Committee on Banking, Currency and Housing, may require the United States Governor or the Bank to submit in writing information demonstrating that such loan or assistance will directly benefit those persons in such country to which such loan or assistance is supposed to be directed, together with a detailed explanation of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of how such assistance will directly benefit such persons in such country. “(c) In determining whether or not a country falls within the pro-visions of subsection (a), the Senate Committee on Foreign Relations and the House Committee on International Relations and the House Committee on Banking, Currency and Housing shall give considera-90 STAT. 593tion to the extent of cooperation of such country in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States.”.
(2) By inserting in the first sentence of section 5 after “article II,

22 USC 283c.

section 3” a comma and the words “or article IIA, section 2,”; and by inserting in the last sentence of section 5 after “article II, section 2,” the words “or article I1A, section 1,”. (3) By deleting in the first sentence of section 11(a) the word

22 USC 283h.

“ordinary”; by inserting in section 11(a) after the words “article II, section 5,” the words “and article I Li, section 4,”; and by inserting in section 11(a) after the words “article II, section 4(a)(ii),” the words “or article IIA, section 3(c),”. (b) The amendments made by paragraphs (2) and (3) of this section

22 USC 283c note.

shall become effective upon approval by the Board of Governors of the Bank of the resolutions referred to in section 23 of the Inter-American Development Bank Act (22 U.S.C. 283 et seq.).

Ante, p. 592.
Sec. 104. The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is further amended by adding at the end thereof the following new section:
“Sec. 29. (a) The United States Executive Director of the Bank

22 USC 283z.

shall propose to the. Board of Executive Directors of the Bank the adoption of a resolution providing (1) that the development and utilization of light-capital or intermediate technologies should be accepted as major facets of the Bank’s development strategy, and (2) that such light-capital or intermediate technologies should be developed and utilized as soon as possible in all Bank activities. Such resolution shall further provide that, by the close of the calendar year 1977, some projects that employ primarily such light-capital or intermediate technologies shall be designed and approved. “(b) The United States Governor of the Bank shall report to the

Report to Congress.

Congress no later than six months after the date of the enactment of this section on the proposal made, under subsection (a), and no later than twelve months after such date on the progress that has been made with respect to such proposal.”.
<num class="centered" value="I">TITLE II—</num><heading class="inline">AFRICAN DEVELOPMENT FUND</heading><sidenote><p class="indent0 firstIndent0 fontsize8">African Development Fund Act.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g">22 USC 290g note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g">22 USC 290g</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>This Title may be cited as the “<shortTitle role="title">African Development Fund Act</shortTitle>”.</content></section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>The President is hereby authorized to accept participation for the United States in the African Development Fund (hereinafter referred to as the “Fund”) provided for by the agreement establishing the Fund (hereinafter referred to as the “agreement”) deposited in the Archives of the United Nations.</content> </section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"><num value="a">(a) </num> <content>The President, by and with the advice and consent <sidenote><p class="indent0 firstIndent0 fontsize8">Governor, appointment</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g">22 USC 290g</ref>.</p></sidenote>of the Senate, shall appoint a Governor, and an Alternate Governor, of the Fund.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Governor, or in his absence the Alternate Governor, on the instructions of the President, shall cast the votes of the United States for the Director to represent the United States in the Fund. The Director representing the United States and his Alternate, if <sidenote><p class="indent0 firstIndent0 fontsize8">Compensation.</p></sidenote>they are citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits not exceeding those authorized for a Chief of Mission, class 2, within the meaning of the Foreign Service Act of 1946, as amended.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s801">22 USC 801 note</ref>.</p></sidenote></content> </subsection> </section> <page identifier="/us/stat/90/594">90 STAT. 594</page> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–2">22 USC 290g–2</ref>.</p></sidenote> <content class="inline">The provisions of section 4 of the Brett on Woods Agreements Act, as amended (22 U.S.C. 286b), shall apply with respect to the Fund to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund. Reports with respect to the Fund under paragraphs (o) and (6) of subsection 4 of said Act, as amended, shall be included in the first report made thereunder after the United States accepts participation in the Fund.</content></section> <section class="firstIndent1 fontsize10"><num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–3">22 USC 290g–3</ref>.</p></sidenote> <chapeau class="inline">Unless Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States:</chapeau> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>agree to an increase in the subscription of the United States to the Fund;</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would change the purpose or functions of the Fund; or</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>make a loan or provide other financing to the Fund, except that funds for technical assistance may be provided to the Fund by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations.</content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–4">22 USC 290g–4</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <content class="inline">There is hereby authorized to be appropriated without fiscal year limitation, as the United States subscription, $25,000,000 to be paid by the Secretary of the Treasury to the Fund in three annual installments of $9,000,000, $8,000,000, and $8,000,000.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Any repayment or distribution of moneys from the Fund to the United States shall be covered into the Treasury as a miscellaneous receipt.</content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–5">22 USC 290g–5</ref>.</p></sidenote> <content class="inline">Any Federal Reserve bank which is requested to do so by the President shall act as a depository for the Fund, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.</content> </section> <section class="firstIndent1 fontsize10"><num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–6">22 USC 290g–6</ref>.</p></sidenote> <content class="inline">For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Fund in accordance with the agreement, the Fund shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency appointed for the purpose of accepting service or notice of service is located, and any such action to which the Fund shall be party shall be deemed to arise under the laws of the United States, and the district courts of the United States (including the courts enumerated in title 28, section 460, United States Code) shall have original jurisdiction of any such action. When the Fund is defendant in any action in a State court, it may at any time before the trial thereof, remove such action into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.</content> </section> <section class="firstIndent1 fontsize10"><num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–7">22 USC 290g–7</ref>.</p></sidenote> <content class="inline">The agreement, including without limitation articles 41 through 50, shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon the acceptance of participation by the United States in and the entry into force of, the Fund. The President, at the time of deposit of the instrument of acceptance, of participation of the United States in the Fund, shall also deposit a declaration that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Fund to its citizens or nationals and may deposit a declaration providing for reservations on other matters set forth in article 58.</content> </section> <page identifier="/us/stat/90/595">90 STAT. 595</page> <section class="firstIndent1 fontsize10"><num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <chapeau>The President shall instruct the United States Governor <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–8">22 USC 290g–8</ref>.</p></sidenote>of the Fund to cause the Executive Director representing the United States in the Fund to cast the votes of the United States against any loan or other utilization of the funds of the Fund for the benefit of any country which has—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law.</continuation> </section> <section class="firstIndent1 fontsize10"><num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <subsection class="inline"><num value="a">(a) </num> <content>The United States Governor of the. Fund is authorized <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s290g–9">22 USC 290g–9</ref>.</p></sidenote>and directed to cause the Executive Director representing the United States to vote against any loan, any extension of financial assistance, or any technical assistance to any country which engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial of the right to life, liberty, and the security of person, and including providing refuge to individuals committing acts of international terrorism such as the hijacking of an aircraft, unless such assistance will directly benefit the needy people in such country.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>In determining whether this standard is being met with regard to activities of the African Development Fund, the Committee on Foreign Relations of the Senate or the House Committee on International Relations, or the House Committee on Banking, Currency and Housing may require the United States Governor of the Bank to submit in writing information demonstrating that such loan or assistance will directly benefit those persons in such country to which such loan or assistance is supposed to be directed, together with a detailed explanation of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of how such assistance will directly benefit such persons in such country.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>In determining whether or not a country falls within the pro-visions of subsection (a), the Senate Committee on Foreign Relations and the House Committee on International Relations and the House Committee on Banking. Currency and Housing shall give consideration to the extent of cooperation of such country in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States.</content> </subsection> </section> 90 STAT. 596 <num class="centered" value="III">TITLE III—</num><heading class="inline">SWINE INFLUENZA</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="indent0 firstIndent0 fontsize8">International cooperation and coordination.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2101">22 USC 2101 note</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num> <chapeau>The Congress finds and declares that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the problems posed by swine influenza transcend national and political boundaries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>no one country, or even one portion of the world, can singularly undertake the search for a worldwide solution to the problems posed by swine influenza;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the global nature of swine influenza demands international cooperation and coordination in the investigation and planning for effective control of swine influenza;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the Public Health Service of the United States has invited the World Health Organization of the United Nations and its International Influenza Reference Centers to participate in the investigation and planning for the control of swine influenza;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>special collaboration has already been established among the United States, the United Kingdom, and Canada for mutual participation in the investigation and planning for the control of swine influenza;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the United States Department of State and the Public Health Service of the United States have joint programs to provide information to foreign countries on the nature and extent of swine influenza and the methods necessary to control it; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the technology of the United States for the surveillance of virus disease and vaccine production should be made available to foreign countries.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>It is the sense of the Congress that the President should furnish assistance to foreign countries and international organizations for the investigation and planning for the control of swine influenza.</content> </subsection> </section> Approved May 31, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS No. 94–541 (Comm. on Banking, Currency and Housing) and No. 94–1121 (Comm. on Conference). SENATE REPORTS No. 94–673 (Comm. on Foreign Relations) and No. 94–815 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 8, 9, considered and passed House.

Vol. 122 (1976): Mar. 18, 30, considered and passed Senate, amended.

May 11, Senate agreed to conference report.

May 20, House agreed to conference report.

 Public Law 94–303: Making supplemental appropriations for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes. Public Law 303 Public Law 94–303 90 Stat. 597 1976-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 597 Public Law 94–303 94th Congress
An Act Making supplemental appropriations for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes.

June 1, 1976

[H.R. 13172]

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

Second Supplemental Appropriations Act, 1976.

sums are appropriated out of any money in the Treasury not otherwise appropriated to supply supplemental appropriations (this Act may be cited as the “Second Supplemental Appropriations Act, 1976”) for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes, namely:
<num class="centered" value="I">TITLE I</num> <chapter><num value="I"><inline class="centered">CHAPTER I</inline></num> <heading>DEPARTMENT OF AGRICULTURE</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Office of the Secretary”, $41,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Office of the Secretary”, for the period July 1, 1976, through September 30, 1976, $10,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Office of the Inspector General</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Office of the Inspector General”, $637,000, and in addition $372,000 shall be derived by transfer from the appropriation, “food stamp program” and merged with this appropriation.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Office of the Inspector General”, for the period July 1, 1976, through September 30, 1976, $159,000, and in addition $93,000 shall be derived by transfer from the appropriation, “food stamp program” and merged with this appropriation.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Agricultural Research Service</heading> <content>For an additional amount for “Agricultural Research Service”, $19,535,000.</content> </appropriations> <appropriations level="intermediate"><heading>Animal Ann Plant Health Inspection Service</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Animal and Plant Health Inspection Service”, $7,644,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Animal and Plant Health Inspection Service”, for the period July 1, 1976, through September 30, 1976, $2,161,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Statistical Reporting Service</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Statistical Reporting Service”, $532,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Statistical Reporting Service”, for the period July 1, 1976, through September 30, 1976, $133,000.</p> </content> </appropriations> <page identifier="/us/stat/90/598">90 STAT. 598</page> <appropriations level="intermediate"><heading>Federal Crop Insurance Corporation</heading> <appropriations level="small"><heading>limitation on administrative and operating expenses</heading> <content> <p class="firstIndent1 fontsize10">Ar additional amount not to exceed $15025,000 of administrative and operating expenses may be paid from premium income.</p> <p class="firstIndent1 fontsize10">An additional amount not to exceed $69,000 of administrative and operating expenses, for the period July 1, 1976, through September 30, 1976, may be paid from premium income.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Soil Conservation Service</heading> <appropriations level="small"><heading>conservation operations</heading> <content>For an additional amount for “Conservation operations”, $750,000.</content></appropriations> <appropriations level="small"><heading>watershed and flood prevention operations</heading> <content>For an additional amount for emergency measures for runoff retardation and soil-erosion prevention, as provided by section 216 of the Flood Control Act of 1950 ( 33 U.S.C. 701b–1) $12,327,000, to remain available until expended,</content></appropriations> <appropriations level="small"><heading>great plains conservation program</heading> <content>For an additional amount for “Great Plains Conservation Program”, $2,000,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Agricultural Stabilization and Conservation Service</heading> <appropriations level="small"><heading>agricultural conservation program</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Agricultural conservation program”, pursuant to the amount made available in the second proviso under <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s660">89 stat. 660</ref>.</p></sidenote>this heading in Public Law 94–122, $15,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Agricultural conservation program”, for the period July 1, 1976, through September 30, 1976, $85,000,000, to remain available until expended to liquidate obligations incurred under the program authorized in the Agriculture and Related <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s641">89 stat. 641</ref>.</p></sidenote>Agencies Appropriation Act, 1976.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Food and Nutrition Service</heading> <appropriations level="small"><heading>child nutrition programs</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Child nutrition programs”, $234,151,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Child nutrition programs”, for the period July 1, 1976, through September 30, 1976, $419,500,000, to remain available until expended, and in addition, $20,000,000 shall be transferred to this appropriation from funds available under Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) for purchase and distribution of agricultural commodities and other foods <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1755">42 USC 1755</ref>.</p></sidenote>pursuant to Section 6 of the National School Lunch Act, as amended.</p> </content> </appropriations> <appropriations level="small"><heading>special milk program</heading> <content>For an additional amount for “Special milk program” for the period July 1, 1976, through September 30, 1976, $24,000,000.</content></appropriations> <page identifier="/us/stat/90/599">90 STAT. 599</page> <appropriations level="small"><heading>food stamp program</heading> <content>For an additional amount for the “Food Stamp Program” for the period July 1, 1976, through September 30, 1976, $200,000,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="major"><heading>RELATED AGENCIES</heading> <subheading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</subheading> <appropriations level="intermediate"><heading>Food and Drug Administration</heading> <content>For an additional amount for “<quotedText>Salaries and expenses</quotedText>”, for the period July 1, 1976, through September 30, 1976, $1,200,000.</content></appropriations> <appropriations level="intermediate"><heading>Farm Credit Administration</heading> <appropriations level="small"><heading>limitation on administrative expenses</heading> <content>The limitation on administrative expenses is increased by $410,000.</content></appropriations> </appropriations> </appropriations> </chapter> <chapter><num value="II"><inline class="centered">CHAPTER II</inline></num> <heading>DEPARTMENT OF DEFENSE—MILITARY</heading> <appropriations level="major"><heading>MILITARY PERSONNEL</heading> <appropriations level="intermediate"><heading>Military Personnel, Army</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Military personnel, Anny”, $14,300,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Military personnel, Army” for the period July 1, 1976, through September 30, 1976, $3,900,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Military Personnel, Navy</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Military personnel, Navy”, $16,800,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Military personnel, Navy” for the period July 1, 1976, through September 30, 1976, $4,000,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Military Personnel, Marine Corps</heading> <content>For an additional amount for “Military personnel, Marine Corps”, $3,500,000.</content> </appropriations> <appropriations level="intermediate"><heading>Military Personnel, Air Force</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Military personnel, Air Force”, $6,200,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Military personnel, Air Force” for the period July 1, 1976, through September 30, 1976, $1,540,000.</p> </content> </appropriations> </appropriations> <appropriations level="major"><heading>RETIRED MILITARY PERSONNEL</heading> <appropriations level="intermediate"><heading>Retired Pay, Defense</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Retired pay, Defense”, $440,400,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Retired pay, Defense” for the period July 1, 1976, through September 30, 1976, $167,600,000.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/600">90 STAT. 600</page> <appropriations level="major"><heading>OPERATION AND MAINTENANCE</heading> <appropriations level="intermediate"><heading>Operation and Maintenance, Army</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Operation and maintenance, Army</quotedText>”, $6,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Army” for the period July 1, 1976, through September 30, 1976, $3,000,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Navy</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Navy”, $3,800,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Navy” for the period July 1, 1976, through September 30, 1976, $1,900,000; <proviso><i>Provided</i>, That appropriations available to the Navy for Operations and Maintenance during the period July 1, 1975, through September 30, 1976, for the alteration, overhaul and repair of naval vessels shall be available in an amount not to exceed $1,872,438,000 for the performance of such work in Navy shipyards.</proviso></p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Marine Corps</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Marine Corps”, $500,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Marine Corps” for the period July 1, 1976, through September 30, 1976, $200,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Air Force</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Air Force”, $4,800,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Air Force” for the period July 1, 1976, through September 30, 1976, $2,400,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Defense Agencies</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Defense Agencies”, as follows: for the Secretary of Defense activities, $258,000, of which $3,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services and $202,000 shall be available only for Overseas Dependent Education; for the Organization of the Joint Chiefs of Staff, $1,000; for the Office of Information for the Armed Forces, $6,000; for the Defense Contract Audit Agency, $133,000; for the Defense Investigative Service, $35,000; for the Defense Mapping Agency, $297,000; for the Defense Nuclear Agency, $12,000; for the Defense Supply Agency, $1,662,000; and for intelligence and communications activities, $596,000; in all: $3,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Defense Agencies” for the period July 1, 1976, through September 30, 1976, as follows: for the Secretary of Defense activities, $129,000, of which $2,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services and $101,000 shall be available only for Overseas Dependent Education; for the Office of Information for the Armed Forces, $3,000; for the Defense Contract Audit Agency, <page identifier="/us/stat/90/601">90 STAT. 601</page>$67,000; for the Defense Investigative Service, $18,000; for the Defense Mapping Agency, $154,000; for the Defense Nuclear Agency, $6,000; for the Defense Supply Agency, $815,000; and for intelligence and communications activities, $308,000; in all: $1,500,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Army Reserve</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Army Reserve”, $600,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Army Reserve” for the period July 1, 1976, through September 30, 1976, $300,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Navy Reserve</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Navy Reserve”, $100,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Navy Reserve” for the period July 1, 1976, through September 30, 1976, $100,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Air Force Reserve</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Air Force Reserve”, $500,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Air Force Reserve” for the period July 1, 1976, through September 30, 1976, $200,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Army National Guard</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Army National Guard”, $1,200,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Army National Guard” for the period July 1, 1976, through September 30, 1976, $600,000.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Air National Guard</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Air National Guard”, $1,100,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation and maintenance, Air National Guard” for the period July 1, 1976, through September 30, 1976, $600,000.</p> </content> </appropriations> </appropriations> <appropriations level="major"><heading>PROCUREMENT</heading> <appropriations level="intermediate"><heading>Procurement of Weapons and Tracked Combat Vehicles, Army</heading> <content> <p class="firstIndent1 fontsize10"><proviso><i>Provided</i>, That $365,600,000 of the funds appropriated under this heading for fiscal year 1976 in the Department of Defense Appropriation Act, 1976, shall be available only for the production of M60-series <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 153.</p></sidenote>tanks.</proviso></p> <p class="firstIndent1 fontsize10"><proviso><i>Provided</i>, That $150,900,000 of the funds appropriated under this heading for the period July 1, 1976, through September 30, 1976, in the Department of Defense Appropriation Act, 1976, shall be available only for the production of M60-series tanks.</proviso></p> </content> </appropriations> <page identifier="/us/stat/90/602">90 STAT. 602</page> <appropriations level="intermediate"><heading>Procurement of Equipment and Missiles, Army, 1971/1973</heading> <subheading class="smallCaps">(liquidation of deficiencies)</subheading> <content>For an additional amount for “Procurement of equipment and missiles, Army, 1971/1973,” for liquidation of obligations incurred and chargeable to that account, $147,800,000, to be derived by transfer from “<quotedText>Procurement of ammunition, Army, 1975/1977,</quotedText>” $118,000,000, from “Procurement of aircraft, Army, 1976/1978,” $5,800,000, and from “<quotedText>Other procurement, Army, 1976/1978,</quotedText>” $24,000,000.</content></appropriations> <appropriations level="intermediate"><heading>Procurement of Ammunition, Army, 1973/1975</heading> <subheading class="smallCaps">(liquidation of deficiencies)</subheading> <content>For an additional amount for “Procurement of ammunition, Army, 1973/1975,” for liquidation of obligations incurred and chargeable to that account, to be derived by transfer from “<quotedText>Procurement of ammunition, Army, 1974/1976,</quotedText>” $50,000,000.</content></appropriations> <appropriations level="intermediate"><heading>Other Procurement, Army, 1972/1974</heading> <subheading class="smallCaps">(liquidation of deficiencies)</subheading> <content>For an additional amount for “Other procurement, Army, 1972/1974,” for liquidation of obligations incurred and chargeable to that account, $17,200,000, to be derived by transfer from “Procurement of missiles, Army, 1976/1978,” $9,800,000, and from “Procurement of weapons and tracked combat vehicles, Army, 1976/1978,” $7,400,000.</content></appropriations> </appropriations> <appropriations level="major"><heading>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</heading> <appropriations level="intermediate"><heading>Research, Development, Test and Evaluation, Navy</heading> <content>For an additional amount for “<quotedText>Research, development, test and evaluation. Navy,</quotedText>” $8,000,000, to remain available for obligation until September 30, 1977.</content></appropriations> </appropriations> </chapter> <chapter><num class="centered" value="III">CHAPTER III—</num><heading class="inline">FOREIGN OPERATIONS</heading> <appropriations level="intermediate"><heading>Department of State</heading> <appropriations level="small"><heading>united states emergency refugee and migration assistance fund</heading> <content>For expenses necessary to carry out the purposes of the United States Emergency Refugee and Migration Assistance Fund, $10,000,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>foreign assistance</heading> <subheading>international disaster assistance</subheading> <content>For an additional amount for “International disaster assistance”, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2412">22 USC 2412</ref>.</p></sidenote>$25,000,000, notwithstanding section 10 of Public Law 91–672.</content></appropriations> <page identifier="/us/stat/90/603">90 STAT. 603</page> <appropriations level="small"><heading>international development assistance</heading> <subheading>multilateral assistance</subheading> <subheading>payment to international fund for agricultural development</subheading> <content>For payment to the International Fund for Agricultural Development, as authorized by section 103(e) of the Foreign Assistance Act of 1961, as amended, $200,000,000, to remain available until expended:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151a">22 USC 2151a</ref>.</p></sidenote> <proviso><i>Provided</i>, That the funds made available in this paragraph shall not be obligated or expended until proper justification of the obligation or expenditure of such funds is provided to the Committees on Appropriations of the Senate and the House of Representatives,</proviso></content></appropriations> <appropriations level="small"><heading>international financial institutions</heading> <subheading>investment in african development fund</subheading> <content>For payment by the Secretary of the Treasury of a United States contribution to the African Development Fund, $5,000,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available only upon enactment into law of authorizing legislation.</proviso></content></appropriations> </appropriations> </chapter> <chapter><num class="centered" value="IV">CHAPTER IV—</num><heading class="inline">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</heading> <appropriations level="intermediate"><heading>Housing Programs</heading> <appropriations level="small"><heading>housing for the elderly or handicapped</heading> <content>The limitation on the aggregate loans that may be made through September 30, 1976, under section 202 of the Housing Act of 1959, as amended, is hereby increased by $375,000,000.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>mobile home standards program</heading> <content>For necessary expenses, not otherwise provided for, to carry out the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401–5426), to remain available until September 30, 1976, $1,000,000.</content></appropriations> <appropriations level="small"><heading>federal housing administration fund</heading> <content>For reimbursement to the Federal Housing Administration Fund for losses incurred under the urban homesteading demonstration, $5,000,000, as authorized by Section 810 of the Housing and Community Development Act of 1974 (12 U.S.C. 1706e), to remain available until September 30, 1977.</content></appropriations> </appropriations> <page identifier="/us/stat/90/604">90 STAT. 604</page> <appropriations level="major"><heading>INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>Executive Office of the President</heading> <appropriations level="small"><heading>office of science and technology policy</heading> <subheading>salaries and expenses</subheading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Office of Science and Technology Policy, including services as authorized by 5 U.S.C. 3109, $500,000.</p> <p class="firstIndent1 fontsize10">For “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $500,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Veterans Administration</heading> <appropriations level="small"><heading>compensation and pensions</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Compensation and pensions”, $549,500,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Compensation and pensions” for the period July 1, 1976, through September 30, 1976, $173,300,000, to remain available until expended.</p> </content> </appropriations> <appropriations level="small"><heading>readjustment benefits</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Readjustment benefits”, $600,000,000 to remain available until expended.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Readjustment benefits” for the period July 1, 1976, through September 30, 1976, $120,000,000, to remain available until expended.</p> </content> </appropriations> <appropriations level="small"><heading>medical care</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Medical care”, $108,390,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Medical care” for the period July 1, 1976, through September 30, 1976, $31,235,000.</p> </content> </appropriations> <appropriations level="small"><heading>general operating expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “General operating expenses”, $8,300,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “General operating expenses” for the period July 1, 1976, through September 30, 1976, $4,800,000.</p> </content> </appropriations> <appropriations level="small"><heading>vocational rehabilitation revolving fund</heading> <content>To increase the “Vocational Rehabilitation Revolving Fund” established by the Act of March 24, 1943, and continued by 38 U.S.C. 1507, $100,000.</content></appropriations> <appropriations level="small"><heading>supply fund</heading> <content>For necessary expenses of the “Supply Fund” pursuant to Public Law 85–857, as amended (38 U.S.C. 5011), $110,000,000, of which $80,999,000 is for liquidation of contract authority and $29,001,000 is to remain available until expended.</content></appropriations> </appropriations> <page identifier="/us/stat/90/605">90 STAT. 605</page> <appropriations level="intermediate"><heading>Federal Home Loan Bank Board</heading> <appropriations level="small"><heading>limitation on administrative and non administrative expenses, federal home loan bank board</heading> <content> <p class="firstIndent1 fontsize10">The limitation on nonadministrative expenses of the Federal Home Loan Bank Board is increased by an amount not to exceed $679,000.</p> <p class="firstIndent1 fontsize10">The limitation on non administrative expenses of the Federal Home Loan Bank Board for the period July 1, 1976, through September 30, 1976, is increased by an amount not to exceed $220,000.</p> </content> </appropriations> </appropriations> </appropriations> </chapter> <chapter><num value="V"><inline class="centered">CHAPTER V</inline></num> <heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <appropriations level="small"><heading>management of lands and resources</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Management of lands and resources”, $23,010,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Management of lands and resources” for the period July 1, 1976, through September 30, 1976, $530,000.</p> </content> </appropriations> <appropriations level="small"><heading>construction and maintenance</heading> <content>For an additional amount for “Construction and maintenance”, $400,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Water Research and Technology</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>Appropriations and funds available to the Office of Water Research and Technology shall be used to maintain a research and development program at the Wrightsville Beach, North Carolina and the Roswell, New Mexico test facilities during the period July 1, 1976, through September 30, 1976.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Outdoor Recreation</heading> <appropriations level="small"><heading>land and water conservation fund</heading> <content>For an additional amount from the “Land and Water Conservation Fund”, $8,900,000, which shall be available to the National Park Service for land acquisition, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Fish and Wildlife Service</heading> <appropriations level="small"><heading>resource management</heading> <content>For an additional amount for “Resource management”, $267,000.</content> </appropriations> <appropriations level="small"><heading>construction and anadromous fish</heading> <content>For an additional amount for “Construction and anadromous fish”, $1,605,000, to remain available until expended.</content></appropriations> </appropriations> <page identifier="/us/stat/90/606">90 STAT. 606</page> <appropriations level="intermediate"><heading>National Park Service</heading> <appropriations level="small"><heading>operation op the national park system</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Operation of the national park system”, $3,875,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operation of the national park system”, for the period July 1, 1976, through September 30, 1976, $875,000.</p> </content> </appropriations> <appropriations level="small"><heading>planning and construction</heading> <content>For an additional amount for “<quotedText>Planning and construction</quotedText>”, $242,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Geological Survey</heading> <appropriations level="small"><heading>surveys, investigations, and research</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Surveys, investigations, and research”, $600,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Surveys, investigations, and research”, for the period July 1, 1976, through September 30, 1976, $175,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Mining Enforcement and Safety Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “<quotedText>Salaries and expenses</quotedText>”, $3,090,000, including the purchase of not to exceed 230 passenger motor vehicles.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Indian Affairs</heading> <appropriations level="small"><heading>operation of indian programs</heading> <content>For an additional amount for “Operation of Indian programs”, $13,250,000: <proviso><i>Provided further</i>, That within funds available for the operation of Bureau schools in Alaska, such amounts as are necessary shall be used for repair and rehabilitation of the North Slope Borough School to bring the facility Into conformance with life and safety code standards.</proviso></content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For an additional amount for “Construction”, $6,750,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>road construction</heading> <subheading class="smallCaps">(liquidation op contract authority)</subheading> <content>For an additional amount for “Road construction (Liquidation of contract authority)”, $10,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>miscellaneous appropriations</heading> <subheading>alaska native fund</subheading> <content>For an additional amount for transfer to “Alaska Native Fund”, $1,600,000, as authorized by Sec. 14. (d) of the Act of January 2, 1976 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1618">43 USC 1618 note</ref>.</p></sidenote>(P.L. 94–204).</content></appropriations> </appropriations> <page identifier="/us/stat/90/607">90 STAT. 607</page> <appropriations level="intermediate"><heading>Office of Territorial Affairs</heading> <appropriations level="small"><heading>administration of territories</heading> <content>For an additional amount for “Administration of Territories”, $5,740,000, to remain available until expended, for grants to American Samoa.</content></appropriations> <appropriations level="small"><heading>trust territory of the pacific islands</heading> <content>For an additional amount for “Trust Territory of the Pacific Islands,” $9,134,000, to remain available until expended, of which not to exceed $1,500,000 shall be used to aid in the transition of the Mariana Islands district to a new commonwealth status as a territory of the United States pursuant to Public Law 94–27.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t48/s1681">48 USC 1681 note</ref>.</p></sidenote></content></appropriations> </appropriations> <appropriations level="major"><heading>RELATED AGENCIES</heading> <subheading>DEPARTMENT OF AGRICULTURE</subheading> <appropriations level="intermediate"><heading>Forest Service</heading> <appropriations level="small"><heading>forest protection and utilization</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Forest protection and utilization”, for “Forest land management”. $115,997,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Forest protection and utilization”, for “Forest land management”, for the period July 1, 1976, through September 30, 1976, $40,000,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Energy Research and Development Administration</heading> <appropriations level="small"><heading>operating expenses, fossil fuels</heading> <content>For an additional amount for “Operating expenses, fossil fuels”, $16,000,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Energy Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $10,085,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, for the period July 1, 1976, through September 30, 1976, $7,000,000: <proviso><i>Provided</i>, That this appropriation shall be available only upon enactment into law of authorizing legislation.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>strategic petroleum reserve</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to carry out sections 151 through 166 of the Energy Policy and Conservation Act of 1975, $313,375,000, to remain <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6231–6246">42 USC 6231–6246</ref>.</p></sidenote>available until expended.</p> <p class="firstIndent1 fontsize10">For “Strategic petroleum reserve” for the period July 1, 1976, through September 30, 1976, $600,000, to remain available until expended.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/608">90 STAT. 608</page> <appropriations level="intermediate"><heading>Department of Health, Education, and Welfare</heading> <subheading>Health Services Administration</subheading> <appropriations level="small"><heading>indian health services</heading> <content>For an additional amount for “Indian health services”, $3,000,000.</content></appropriations> <appropriations level="small"><heading>indian health facilities</heading> <content>For an additional amount for “Indian health facilities”, $250,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Smithsonian Institution</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $1,665,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, for the period July 1, 1976, through September 30, 1976, $149,000.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>FUNDS APPROPRIATED TO THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Petroleum Reserves</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to carry out section 201 of the Naval <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 303.</p></sidenote>Petroleum Reserves Production Act of 1976, $24,152,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">For “Petroleum reserves” for the period July 1, 1976, through September 30, 1976, $15,350,000, to remain available until expended.</p> </content> </appropriations> </appropriations> </chapter> <chapter><num value="VI"><inline class="centered">CHAPTER VI</inline></num> <heading>DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"><heading>Employment and Training Administration</heading> <appropriations level="small"><heading>advances to the unemployment trust fund and other funds</heading> <content>Funds appropriated under this heading in the Supplemental <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s826">89 Stat 826</ref>.</p></sidenote>Appropriations Act, 1976 (Public Law 94–157) shall be available for repay-able loans to the Virgin Islands, as authorized by title III of the Emergency Compensation and Special Unemployment Assistance <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote>Extension Act of 1975.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Employment Standards Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $260,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $445,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $5,060,000: <proviso><i>Provided</i>, That $5,000,000 shall remain available until September 30, <page identifier="/us/stat/90/609">90 STAT. 609</page>1977 to carry out activities of the Mountain-Plains Family Education and Employment Program authorized by title III of the Comprehensive Employment and Training Act of 1973:</proviso> <proviso><i>Provided further</i>, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s871">29 USC 871</ref>.</p></sidenote>That the funds for the Mountain-Plains Family Education and Employment Program shall be transferred through the Old West Regional Commission.</proviso></p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $589,000.</p> </content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"><heading>Health Services Administration</heading> <appropriations level="small"><heading>health: services</heading> <content>For an additional amount for “Health services” for carrying out, to the extent not otherwise provided, title V of the Social Security Act, for the period July 1, 1976, through September 30, 1976, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s701">42 USC 701</ref>.</p></sidenote>$18,300,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>National Institutes of Health</heading> <appropriations level="small"><heading>national institute of environmental health sciences</heading> <content>For an additional amount for “National Institute of Environmental Health Sciences” for the period July 1, 1976, through September 30, 1976, $1,000,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Alcohol, Drug Abuse, and Mental Health Administration</heading> <appropriations level="small"><heading>alcohol, drug abuse, and mental health</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Alcohol, drug abuse, and mental health” for carrying out the Drug Abuse Office and Treatment Act Amendments of 1976, $161,126,000.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 241.</p></sidenote></p> <p class="firstIndent1 fontsize10">For an additional amount for “Alcohol, drug abuse, and mental health” for carrying out, to the extent not otherwise provided, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1966, and the Drug Abuse Office and Treatment <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551 note</ref>.</p></sidenote>Act Amendments of 1976, for the period July 1, 1976, through September 30, 1976, $32,690,000.</p> </content> </appropriations> <appropriations level="small"><heading>saint elizabeths hospital</heading> <content>For an additional amount for “Saint Elizabeths Hospital”, $125,000. For an additional amount for “Saint Elizabeths Hospital” for the period July 1, 1976, through September 30, 1976, $1,007,000.</content></appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content>For an additional amount for “Buildings and facilities” for construction, alterations, extension, and equipment of buildings and facilities on the grounds of Saint Elizabeths Hospital, $5,200,000, to remain available until expended.</content></appropriations> </appropriations> <page identifier="/us/stat/90/610">90 STAT. 610</page> <appropriations level="intermediate"><heading>Health Resources Administration</heading> <appropriations level="small"><heading>health resources</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Health resources” $4,000,000 to remain available until expended for the construction of a medical <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s242c">42 USC 242c</ref>.</p></sidenote>facility under section 305(b)(3) of the Public Health Service Act without regard to the requirements of section 308.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s299/300k–1">42 USC 299, 300k–1</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 13.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300o">42 USC 300o</ref>.</p></sidenote>For carrying out titles IX and XV of the Public Health Service Act, $22,500,000, to be derived by transfer from funds appropriated under this head in Public Law 94–206 for carrying out title XVI of the Public Health Service Act: <proviso><i>Provided</i>, That $10,000,000 for carrying out title IX shall remain available until expended, notwithstanding <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300l–4">42 USC 300<i>l</i>–4 note</ref>.</p></sidenote>the limitations of section 5(a)(2) of Public Law 93–641:</proviso> <proviso><i>Provided further</i>, That the appropriation under this head in Public Law 9A–206 for fiscal year 1976 is hereby amended by repealing the second proviso and by striking out “<quotedText>$100,000,000 for Title XVI</quotedText>” and inserting in lieu thereof “<quotedText>$51,760,000 for Title XVI.</quotedText>”</proviso></p> </content> </appropriations> <appropriations level="small"><heading>medical facilities guarantee and loan fund</heading> <content>The total principal amount of loans to be guaranteed or directly made, which may be allotted among the States pursuant to Titles VI and XVI of the Public Health Service Act shall not exceed a cumulative amount of $1,500,000,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Education</heading> <appropriations level="small"><heading>elementary and secondary education</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Elementary and secondary education”, $8,000,000, to remain available through September 30, 1976, for <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1901">20 USC 1901</ref>.</p></sidenote>carrying out Title VII of the Education Amendments of 1974 ($6,800,000) and section 721(b) (3) of the Elementary and Secondary <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s880b–7">20 USC 880b–7</ref>.</p></sidenote>Education Act ($1,200,000).</p> <p class="firstIndent1 fontsize10">For an additional amount for “Elementary and secondary <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s246">20 USC 246</ref>.</p></sidenote>education” to carry out section 842 of Public Law 93–380 for the period July 1, 1976, through September 30, 1976, $3,000,000.</p> </content> </appropriations> <appropriations level="small"><heading>school assistance in federally affected areas</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “School assistance in Federally affected areas”, $24,000,000, to remain available until expended only for payments under subparagraphs (A), (B), (C), and (D) of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s238">29 USC 238</ref>.</p></sidenote>section 305 of the Education Amendments of 1974.</p> <p class="firstIndent1 fontsize10">Funds appropriated under this heading in the Education Division <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s468">89 stat. 468</ref>.</p></sidenote>and Related Agencies Appropriation Act, 1976.</p> <p class="firstIndent1 fontsize10">Funds appropriated under this heading in that Appropriation Act for the period July 1, 1976, through September 30, 1976, shall be available only for payments under section 6 of title I of the Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s241">20 USC 241</ref>.</p></sidenote>September 30, 1950 (not to exceed $15,000,000), for the period July 1, 1976, through September 30, 1976, and for payments under subparagraphs (A), (B), (C), and (D) of section 305 of the Education Amendments of 1974 for the fiscal year ending June 30, 1976.</p> </content> </appropriations> <appropriations level="small"><heading>emergency school aid</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount to carry out the provisions of Section 708 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1607">20 USC 1607</ref>.</p></sidenote>(a) of the Emergency School Aid Act, to assist school districts which <page identifier="/us/stat/90/611">90 STAT. 611</page>have adopted desegregation plans described in Section 700(a) (1) (A) and (B) of the Act, $30,000,000, to remain available through September <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1605">20 USC 1605</ref>.</p></sidenote>30, 1976.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Emergency school aid” to carry out section 708(a) of the Emergency School Aid Act for the period <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1607">20 USC 1607</ref>.</p></sidenote>July 1, 1976, through September 30, 1976, $3,000,000.</p> </content> </appropriations> <appropriations level="small"><heading>education for the handicapped</heading> <content>For an additional amount for “Education for the handicapped” to carry out part B of the Education of the Handicapped Act, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1401">20 USC 1401 note</ref>.</p></sidenote>$90,000,000.</content></appropriations> <appropriations level="small"><heading>higher education</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Higher education”, $791,750,000, of which $791,000,000 shall be for basic educational opportunity grants authorized by title IV, part A, subpart I of the Higher Education Act, to remain available until September 30, 1977, and $750,000 shall <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1061">20 USC 1061</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1134r–1">20 USC 1134r–1</ref>.</p></sidenote>be for section 966 of the Higher Education Act.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Higher education” for the period July 1, 1976 through September 30, 1976, $1,000,000.</p> </content> </appropriations> <appropriations level="small"><heading>library resources</heading> <content>For an additional amount for “Library resources” to carry out titles I and III of the Library Services and Construction Act for the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s352/355e">20 USC 352, 355e</ref>.</p></sidenote>period July 1, 1976, through September 30, 1976, $12,937,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $1,575,000. For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $635,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Social and Rehabilitation Service</heading> <appropriations level="small"><heading>public assistance</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Public assistance”, $2,237,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Public assistance” for the period July 1, 1976, through September 30, 1976, $440,500,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Special Institutions</heading> <appropriations level="small"><heading>gallaudet college</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Gallaudet College”, $396,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Gallaudet College” for the period July 1, 1976, through September 30, 1976, $135,000.</p> </content> </appropriations> <appropriations level="small"><heading>howard university</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Howard University”, $2,400,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Howard University” for the period July 1, 1976, through September 30, 1976, $900,000.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/612">90 STAT. 612</page> <appropriations level="intermediate"><heading>Assistant Secretary for Human Development</heading> <appropriations level="small"><heading>human development</heading> <content> <p class="firstIndent1 fontsize10">To carry out, except as otherwise provided, the Older Americans <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3001">42 USC 3001 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s774">29 USC 774</ref>.</p></sidenote>Act, and the Rehabilitation Act of 1973, $146,975,000 of which $2,465,000 under section 304(b) (3) of the Rehabilitation Act shall remain available until expended.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Human development” for the period July 1, 1976, through September 30, 1976, $50,150,000, of which $5,000,000 shall be available for carrying out title V of the Older <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3041">42 USC 3041</ref>.</p></sidenote>Americans Act.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Corporation for Public Broadcasting public broadcasting fund</heading> <content> <p class="firstIndent1 fontsize10">For payment to the Corporation for Public Broadcasting, as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t47/s396">47 USC 396 note</ref>.</p></sidenote>authorized by the Public Broadcasting Financing Act of 1975, an amount which shall be available within limitations specified by said Act, for the fiscal year 1976, $78,500,000.</p> <p class="firstIndent1 fontsize10">For payment to the Corporation for Public Broadcasting for the period July 1, 1976, through September 30, 1976, $17,500,000.</p> </content> </appropriations> </appropriations> </chapter> <chapter><num value="VII"><inline class="centered">CHAPTER VII</inline></num> <heading>LEGISLATIVE BRANCH</heading> <appropriations level="major"><heading>SENATE</heading> <appropriations level="intermediate"><heading>Salaries, Officers and Employees</heading> <appropriations level="small"><heading>legislative assistance to senators</heading> <content>For an additional amount for “Legislative Assistance to Senators” for the period July 1, 1976, through September 30, 1976, $225,000.</content></appropriations> <appropriations level="small"><heading>office of sergeant at arms and doorkeeper</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Office of Sergeant at Arms and Door-keeper”, $127,805: <proviso><i>Provided</i>, That, effective May 1, 1976, the Sergeant at Arms and Doorkeeper may appoint and fix the compensation of an Executive Secretary at not to exceed $22,260 per annum; a Special Assistant at not to exceed $22,260 per annum; a Floor Assistant at not to exceed $17,172 per annum in lieu of an Assistant Doorkeeper at not to exceed $17,172 per annum; two Floor Assistants at not to exceed $16,059 per annum each; an Assistant Operations Manager at not to exceed $23,214 per annum; four Systems Analysts at not to exceed $23,214 per annum each in lieu of three Systems Analysts at not to exceed $23,214 per annum each; seven Office Systems Specialists at not to exceed $15,582 per annum each; two Training Specialists at not to exceed $23,214 per annum each; five Senior Computer Specialists at not to exceed $27,030 per annum each in lieu of four Senior Computer Specialists at not to exceed $27,030 per annum each; eight Senior Programmer Analysts at not to exceed $25,122 per annum each in lieu of seven Senior Programmer Analysts at not to exceed $25,122 <page identifier="/us/stat/90/613">90 STAT. 613</page>per annum each; thirteen Programmer Analysts at not to exceed $23,214 per annum each in lien of eight Programmer /Analysts at not to exceed $23,214 per annum each; six Systems Programmers at not to exceed $23,214 per annum each in lieu of five Systems Programmers at not to exceed $23,214 per annum each; a Network Technician at not to exceed $20,352 per annum; two Secretaries at not to exceed $13,992 per annum each in lieu of a Secretary at not to exceed $13,992 per annum; a Network Supervisor at not to exceed $29,892 per annum; three Senior Job Controllers at not to exceed $20,1)34 per annum each in lieu of a Job Controller at not to exceed $15,582 per annum and an Applications Programmer at not to exceed $20,034 per annum; four Operations Clerks at not to exceed $11,766 per annum each; two Key-punch Operators at not to exceed $10,971 per annum each in lieu of a Keypunch Operator at not to exceed $8,586 per annum; an Operations Scheduler at not to exceed $20,034 per annum; two Data Standards Specialists at not to exceed $20,034 per annum each; three Computer Shift Supervisors at not to exceed $16,059 per annum each; a Data Conversion Operator at not to exceed $10,017 per annum; a Tape Librarian at not to exceed $13,038 per annum; six Lead Opera-tors at not to exceed $14,628 per annum each in lieu of three Support Operators at not to exceed $14,628 per annum each, a Programmer-Operator at not to exceed $14,310 per anniun, an Operator at not to exceed $14,628 per annum, and on Operator at not to exceed $13,674 per annum; an Operations Clerk at not to exceed $11,766 per annum in lieu of a Systems Clerk at not to exceed $11,766 per annum; five Junior Operators at not to exceed $13,038 per annum each in lieu of four Operators at not to exceed $13,038 per annum each; an Operations Manager at not to exceed $27,666 per annum in lieu of a Manager Programmer at not to exceed $27,666 per annum; a Hardware Services Supervisor at not to exceed $17,808 per annum in lieu of a Supervisor Operator at not to exceed $17,808 per annum; and a Garage Foreman at not to exceed $14,628 per annum in lieu of a Stockroom Clerk at not to exceed $12,720 per annum.</proviso></p> <p class="firstIndent1 fontsize10">For an additional amount for “Office of Sergeant at Arms and Doorkeeper” for the period July 1, 1976, through September 30, 1976, $191,705.</p> </content> </appropriations> <appropriations level="small"><heading>agency contributions and longevity compensation</heading> <content>For an additional amount for “Agency Contributions and Longevity Compensation” for the period July 1, 1976, through September 30, 1976, $86,250,</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Contingent Expenses of the Senate</heading> <appropriations level="small"><heading>senate policy committees</heading> <content>For an additional amount for “Senate Policy Committees” for the period July 1, 1976, through September 30, 1976, $625.</content></appropriations> <appropriations level="small"><heading>automobiles and maintenance</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Automobiles and Maintenance”, $5,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Automobiles and Maintenance” for the period July 1, 1976, through September 30, 1976, $1,250.</p> </content> </appropriations> <page identifier="/us/stat/90/614">90 STAT. 614</page> <appropriations level="small"><heading>inquiries and investigations</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Inquiries and Investigations”, $1,350,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Inquiries and Investigations” for the period July 1, 1976, through September 30, 1976, $577,730.</p> </content> </appropriations> <appropriations level="small"><heading>miscellaneous items</heading> <content> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s61d–2">2 USC 61d–2</ref>.</p></sidenote>For an additional amount for “Miscellaneous Items”, $1,260,200.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Miscellaneous Items” for the period July 1, 1976, through September 30, 1976, $2,012,915.</p> </content> </appropriations> <appropriations level="small"><heading>postage stamps</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Postage Stamps”, $100: <proviso><i>Provided</i>, That, effective with fiscal year 1976 and each fiscal year thereafter, the postage allowance for the Office of the Chaplain is increased to $200 per year.</proviso></p> <p class="firstIndent1 fontsize10">For an additional amount for “Postage Stamps” for the period July 1, 1976, through September 30, 1976, $35.</p> </content> </appropriations> </appropriations> <level> <heading class="centered smallCaps">Administrative Provisions</heading> <section class="firstIndent1 fontsize10"><num value="115"><inline class="smallCaps">Sec</inline>. 115. </num><content>The unexpended balances of any of the appropriations granted under the heading “Salaries, Officers and Employees” for the current fiscal year shall be available to the Secretary of the Senate to pay the increases in the compensation of officers and employees not-withstanding the limitations contained therein.</content></section> <section class="firstIndent1 fontsize10"><num value="116"><inline class="smallCaps">Sec</inline>. 116. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Senate Computer Center Revolving Fund.</p><p class="indent0 firstIndent0 fontsize8">Establishment.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s123d">2 USC 123d</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>There is hereby established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Computer Center Revolving Fund (hereafter in this section referred to as the “revolving fund”).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The revolving fund shall be available only for paying the salaries of personnel employed under subsection (c), and agency contributions attributable thereto, and for paying refunds under contracts entered into under subsection (b).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Within 90 days after the end of each fiscal year, the Secretary of the Senate shall withdraw all amounts in the revolving fund in excess of $100,000, other than amounts required to make refunds under subsection (b)(2) (B), and shall deposit the amounts withdrawn in the Treasury of the United States as miscellaneous receipts.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Subject to the provisions of paragraph (2), the Sergeant at Arms and Doorkeeper of the Senate is authorized to enter into contracts with any agency or instrumentality of the legislative branch for the use of any available time on the Senate computer.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>No contract may be entered into under paragraph (1) unless it has been approved by the Committee on Rules and Administration of the Senate, and no such contract may extend beyond the end of the fiscal year in which it is entered into. Each contract entered into under paragraph (1) shall contain—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a provision requiring full advance payment for the amount of time contracted for, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>a provision requiring refund of a proportionate amount of such advance payment if the total amount of time contracted for is not used.</content> </subparagraph> <page identifier="/us/stat/90/615">90 STAT. 615</page> <continuation class="indent0 firstIndent0 fontsize10">Notwithstanding any other provision of law, any agency or instrumentality of the legislative branch is authorized to make advance payments under a contract entered into under paragraph (1).</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>To the extent that the personnel of the Senate Computer Center <sidenote><p class="indent0 firstIndent0 fontsize8">Additional personnel.</p></sidenote>are unable to carry out the contracts entered into under subsection (b) according to their terms and conditions, the Sergeant at Arms and Doorkeeper of the Senate is authorized to employ such additional personnel for the Senate Computer Center as may be necessary to carry out such contracts, and to pay the salaries of such additional personnel, and agency contributions attributable thereto, from the revolving fund. Such additional personnel may temporarily be assigned to per-form the regular functions of the Senate Computer Center when their services are not needed to carry out such contracts.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Disbursements from the revolving fund under subsections (b) and (c) shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate, except that, vouchers shall not be required for the disbursement of salaries of employees paid at an annual rate.</content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="117"><inline class="smallCaps">Sec</inline>. 117. </num><content>For the purpose of carrying out his duties, the Sergeant at <sidenote><p class="indent0 firstIndent0 fontsize8">Travel expenses.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s61f–1s">2 USC 61f–1s</ref>.</p></sidenote>Arms and Doorkeeper of the Senate is authorized to incur official travel expenses not exceeding $10,000 during any fiscal year. With the approval of the Sergeant at Arms and Doorkeeper, the Secretary of the Senate is authorized to advance to any designated employee under the jurisdiction of the Sergeant at Arms and Doorkeeper such sums as may be necessary, not exceeding $1,000, to defray official travel expenses in assisting the Sergeant at Arms and Doorkeeper in carrying out his duties. Any such employee shall, as soon as practicable, furnish to the Sergeant at Arms and Doorkeeper a detailed voucher for such expenses incurred and make settlement with respect to any amount so advanced. For purposes of this section, official travel expenses includes travel expenses incurred in connection with training of employees only if the training has been approved by the Committee on Rules and Administration of the Senate. Payments under this section shall be made from funds included in the appropriation “Miscellaneous Items” under the heading “Contingent Expenses of the Senate” upon vouchers approved by the Sergeant at Arms and Doorkeeper.</content></section> <section class="firstIndent1 fontsize10"><num value="118"><inline class="smallCaps">Sec</inline>. 118. </num> <subsection class="inline"><num value="a">(a)</num> <content>The first sentence of the paragraph under the heading “GENERAL PROVISION” of chapter XI of the Third Supplemental Appropriations Act, 1957 (2 U.S.C. 102a) is amended by inserting before the period at the end thereof the following: “<quotedText>, except that the unexpended balances of such appropriations for the period commencing on July 1, 1976, and ending on September 30, 1976, and for each fiscal year beginning on or after October 1, 1976, shall be with-drawn as of September 30 of the second fiscal year following the period or year for which provided</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The first paragraph of section 105(a) of the Legislative Branch Appropriation Act, 1965 (2 U.S.C. 104(a)) is amended by <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s104a">2 USC 104a</ref>.</p></sidenote>inserting “<quotedText>(1)</quotedText>” after “<quotedText>(a)</quotedText>” and by adding at the end thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The report by the Secretary of the Senate under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Secretary of the Senate under paragraph (1) shall be for the semiannual periods beginning on <page identifier="/us/stat/90/616">90 STAT. 616</page>October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s1020–1">31 USC 1020–1</ref>.</p></sidenote> <content>Effective October 1, 1976, any provision of law relating to the Senate which contains a July 1 or June 30 date which is related to the beginning or end of a fiscal year shall be treated as referring to October 1 and September 30, respectively.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 105(b) of the Legislative Branch Appropriation Act, 1965 (40 U.S.C. 162b) is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(b)</quotedText>” and by adding at the end thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The report, by the Architect of the Capitol under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Architect of the Capitol under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year.”.</content> </paragraph> </quotedContent> </content></subsection> </section> </level> <appropriations level="major"><heading>HOUSE OF REPRESENTATIVES</heading> <appropriations level="intermediate"><heading>Payments to Widows and Heirs of Deceased Members of Congress</heading> <content> <p class="firstIndent1 fontsize10">For payment to Pauline Patman, widow of Wright Patman, late a Representative from the State of Texas, $44,600.</p> <p class="firstIndent1 fontsize10">For payment to the estate of William A. Barrett, late a Representative from the State of Pennsylvania, $44,600.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Contingent Expenses of the House</heading> <appropriations level="small"><heading>special and select committees</heading> <content>For an additional amount for “Special and select committees”, $1,000,000.</content></appropriations> <appropriations level="small"><heading>reporting hearings</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Reporting hearings”, $400,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Reporting hearings” for the period July 1, 1976, through September 30, 1976, $250,000.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>JOINT ITEMS</heading> <appropriations level="intermediate"><heading>Contingent Expenses of the Senate</heading> <appropriations level="small"><heading>joint committee on printing</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t44/s103">44 USC 103 note</ref>.</p></sidenote>For an additional amount for “Joint Committee on Printing”, $300,000, to remain available until December 31, 1976: <proviso><i>Provided</i>, That, effective May 1, 1976, the Joint Committee is authorized (1) to procure the temporary or intermittent services of individual consultants, or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under subsection (i) of section 202 of the Legislative <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s72a">2 USC 72a</ref>.</p></sidenote>Reorganization Act of 1946, as amended, and (2) with the prior consent of the agency concerned, to use on a reimbursable basis the services of personnel, information, and facilities of any such agency:</proviso> <proviso><i>Provided further</i>, That, prior to the employment of any consultants or the procurement of services by contract relative to any review and analysis <page identifier="/us/stat/90/617">90 STAT. 617</page>of the operation of the Government Printing Office, the Joint Committee shall consult with the Legislative Branch Appropriations Sub-committees of the House and Senate; and that periodic reports on the <sidenote><p class="indent0 firstIndent0 fontsize8">Reports to congressional committees.</p></sidenote>progress of any such review and analysis be submitted to the Joint Committee on Printing and the Legislative Branch Appropriations Subcommittees of the House and Senate.</proviso></content></appropriations> <appropriations level="small"><heading>joint committee on inaugural ceremonies of 1977</heading> <content>For construction of platform and seating stands and for salaries and expenses of conducting the inaugural ceremonies of the President and Vice President of the United States, January 20, 1977, in accordance with such program as may be adopted by the joint committee authorized by concurrent resolution of the Senate and House of Representatives, $825,000, to remain available through September 30, 1977.</content></appropriations> <appropriations level="small"><heading>american indian policy review commission</heading> <content>Not to exceed $100,000 of the funds heretofore appropriated under this Heading for the fiscal year 1976 shall remain available until June 30, 1977.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Contingent Expenses of the House</heading> <appropriations level="small"><heading>joint committee on internal revenue taxation</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Joint Committee on Internal Revenue Taxation”, $75,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Joint Committee on Internal Revenue Taxation” for the period July 1, 1976, through September 30, 1976, $18,800.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Capitol Guide Service</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Capitol Guide Service”, $37,100, to be disbursed by the Secretary of the Senate: <proviso><i>Provided</i>, That notwithstanding the provisions of Public Law 94–59, the Sergeant at Arms <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s269">89 stat. 269</ref>.</p></sidenote>and Doorkeeper of the Senate and the Sergeant at Arms of the House each, subject to approval of the Capitol Guide Board, may appoint not to exceed ten additional temporary guides at an annual rate of compensation not to exceed $11,130 during the period May 1, 1976, through September 30, 1976.</proviso></p> <p class="firstIndent1 fontsize10">For an additional amount for “Capitol Guide Service” for the period July 1, 1976, through September 30, 1976, $55,650, to be disbursed by the Secretary of the Senate.</p> </content> </appropriations> </appropriations> <appropriations level="major"><heading>OFFICE OF TECHNOLOGY ASSESSMENT</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>Any funds remaining unobligated as of September 30, 1976, shall remain available until September 30, 1977.</content></appropriations> </appropriations> <appropriations level="major"><heading>ARCHITECT OF THE CAPITOL</heading> <appropriations level="intermediate"><heading>Contingent Expenses</heading> <content>For an additional amount for “Contingent expenses”, $201,000, to remain available until expended.</content></appropriations> <page identifier="/us/stat/90/618">90 STAT. 618</page> <appropriations level="intermediate"><heading>Capitol Buildings and Grounds</heading> <appropriations level="small"><heading>capitol buildings</heading> <content>For an additional amount for “Capitol buildings”, $330,000.</content></appropriations> <appropriations level="small"><heading>construction op an extension to the new senate office building</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8">Repeal.</p></sidenote>The paragraph under the heading “Construction of an Extension to the New Senate Office Building” in title V of the Legislative Branch Appropriation Act, 1976 (89 Stat. 289), is repealed.</content></appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>LIBRARY OF CONGRESS</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For an additional amount for “Salaries and expenses”, for the establishment of the American Folklife Center in the Library of Congress, for the period July 1, 1976, through September 30, 1976, $72,000.</content></appropriations> <appropriations level="intermediate"><heading>Copyright Office</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “<quotedText>Salaries and expenses</quotedText>”, for studies for copyright revision planning for the period July 1, 1976, through September 30, 1976, $130,000.</content></appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>GOVERNMENT PRINTING OFFICE</heading> <appropriations level="intermediate"><heading>Office of Superintendent of Documents</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Salaries and expenses</quotedText>”, Office of Superintendent of Documents, $6,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, Office of Superintendent of Documents, for the period July 1, 1976, through September 30, 1976, $1,500,000.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>GENERAL ACCOUNTING OFFICE</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $967,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, for the period July 1, 1976, through September 30, 1976, $242,000.</p> </content> </appropriations> </appropriations> </chapter> <chapter><num value="VIII"><inline class="centered">CHAPTER VIII</inline></num> <heading>ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For an additional amount for “Operating expenses” for the period July 1, 1976, through September 30, 1976, $17,000,000, to remain available until expended.</content></appropriations> <page identifier="/us/stat/90/619">90 STAT. 619</page> <appropriations level="small"><heading>plant and capital equipment</heading> <content>For an additional amount for “Plant and capital equipment” for architect-engineering services only, Project 76–8–g, additional facilities, enriched uranium production, authorized by Public Law 94–187, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s1063">89 stat. 1063</ref>.</p></sidenote>$12,630,000, to be derived by transfer from “Operating expenses”, to remain available until expended.</content></appropriations> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE—CIVIL</heading> <subheading>DEPARTMENT OF THE ARMY</subheading> <appropriations level="intermediate"><heading>Corps of Engineers—Civil</heading> <appropriations level="small"><heading>construction, general</heading> <content>For an additional amount for “Construction, general” for the period July 1, 1976, through September 30, 1976, $4,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>flood control and coastal emergencies</heading> <content>For an additional amount for “Flood control and coastal emergencies”, to remain available until expended, $50,000,000.</content></appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Reclamation</heading> <appropriations level="small"><heading>colorado river basin project</heading> <content>For an additional amount for advances to the “Lower Colorado River Basin Development Fund”, to remain available until expended, $5,000,000, of which $5,000,000 is for liquidation of contract authority.</content></appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>INDEPENDENT OFFICES</heading> <appropriations level="intermediate"><heading>Nuclear Regulatory Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">The appropriations made available under this head for the fiscal year 1976 and the period July 1, 1976, through September 30, 1976, in the Public Works for Water and Power Development and Energy Research Appropriation Act, 1976 (Public Law 94–180) are hereby <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s1047">89 stat. 1047</ref>.</p></sidenote>made available until expended.</p> <p class="firstIndent1 fontsize10">Moneys received by the Commission for the cooperative nuclear safety research program may be retained and used for salaries and expenses associated with that program and shall remain available until expended.</p> </content> </appropriations> </appropriations> </appropriations> </chapter> <page identifier="/us/stat/90/620">90 STAT. 620</page> <chapter><num value="IX"><inline class="centered">CHAPTER IX</inline></num> <heading>DEPARTMENT OF STATE</heading> <appropriations level="intermediate"><heading>Administration of Foreign Affairs</heading> <appropriations level="small"><heading>payment to the foreign service retirement and disability fund</heading> <content>For an additional amount for “Payment to the Foreign Service retirement and disability fund”, $1,700,000.</content></appropriations> <appropriations level="intermediate"><heading>PAYMENT TO CONDITIONAL GUT FUND, GENERAL</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2687">22 USC 2687 note</ref>.</p></sidenote>For payment to the Conditional Gift Fund, General, as authorized by Public Law 94–141, for the purpose of furnishing or refurnishing the diplomatic reception rooms of the Department of State, not to exceed $125,000, to remain available until expended: <proviso><i>Provided</i>, That payment shall be made upon the deposit of an equivalent amount in the general fund of the Treasury pursuant to the bequest made by the late Ambassador Waiter Thurston to the United States.</proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>International Organizations and Conferences</heading> <appropriations level="small"><heading>contributions to international organizations</heading> <content>For an additional amount for “Contributions to international organizations” for the period July 1, 1976, through September 30, 1976, $29,090,000.</content></appropriations> <appropriations level="small"><heading>international conferences and contingencies</heading> <content>For an additional amount for “International conferences and contingencies”, $1,300,000, to remain available until December 31, 1976, of which not to exceed $10,000 may be expended for representation allowances as authorized by section 901 of the act of August 13, 1946, as amended (22 U.S.C. 1131) and for official entertainment.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>International Commissions</heading> <appropriations level="small"><heading>international fisheries commissions</heading> <content>For an additional amount for “International fisheries commissions” for the period July 1, 1976, through September 30, 1976, $442,000.</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF JUSTICE</heading> <appropriations level="intermediate"><heading>General Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $20,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, for the period July 1, 1976, through September 30, 1976, $20,000.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/621">90 STAT. 621</page> <appropriations level="intermediate"><heading>Legal Activities</heading> <appropriations level="small"><heading>salaries and expenses, general legal activities</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, general legal activities”, $150,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, general legal activities”, for the period July 1, 1976, through September 30, 1976, $90,000.</p> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses, antitrust division</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, Antitrust Division”, $40,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, Antitrust Division”, for the period July 1, 1976, through September 30, 1976, $20,000.</p> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses, u.s. attorneys and marshals</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, U.S. Attorneys and Marshals”, $564,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, U.S. Attorneys and Marshals”, for the period July 1, 1976, through September 30, 1976, $1,000,000.</p> </content> </appropriations> <appropriations level="small"><heading>fees and expenses of witnesses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Fees and expenses of witnesses”, $350,000. The $1,750,000 limitation on compensation and expenses of expert witnesses contained in the Department of Justice Appropriation Act, 1976; is deleted.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Fees and expenses of witnesses”, for the period July 1, 1976, through September 30, 1976, $90,000. The $437,500 limitation on compensation and expenses of expert witnesses contained in the Department of Justice Appropriation Act, 1976, is deleted.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s618">89 Stat 618</ref>.</p></sidenote></p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Bureau of Investigation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $4,158,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Immigration and Naturalization Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $1,000,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Prison System</heading> <appropriations level="small"><heading>salaries and expenses, bureau of prisons</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, Bureau of Prisons”, $3,500,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, Bureau of Prisons”, for the period July 1, 1976, through September 30, 1976, $642,000.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/622">90 STAT. 622</page> <appropriations level="intermediate"><heading>Drug Enforcement Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $2,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, for the period July 1, 1976, through September 30, 1976, $400,000.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"><heading>Bureau of the Census</heading> <appropriations level="small"><heading>periodic censuses and programs</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Periodic censuses and programs”, $1,280,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Periodic censuses and programs” for the period July 1, 1976, through September 30, 1976, $1,520,000, to remain available until expended.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Oceanic and Atmospheric Administration</heading> <appropriations level="small"><heading>operations, research, and facilities</heading> <content>For an additional amount for “Operations, research, and facilities”, for the period July 1, 1976, through September 30, 1976, $2,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>offshore shrimp fisheries fund</heading> <content>For expenses necessary to carry out the provisions of the Offshore <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s1100b">16 USC 1100b note</ref>.</p></sidenote>Shrimp Fisheries Act of 1973 as amended (Public Law 94–58), $270,000, to remain available until expended.</content></appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>THE JUDICIARY</heading> <appropriations level="intermediate"><heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <appropriations level="small"><heading>fees of jurors</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Fees of jurors”, $2,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Fees of jurors” $500,000, for the period July 1, 1976, through September 30, 1976.</p> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses of referees</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses of referees”, $313,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses of referees”, $235,000, for the period July 1, 1976, through September 30, 1976.</p> </content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/90/623">90 STAT. 623</page> <appropriations level="major"><heading>RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Arms Control and Disarmament Agency</heading> <appropriations level="small"><heading>arms control and disarmament activities</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Arms control and disarmament activities”, $950,000, including not to exceed $5,000 for official reception and representation expenses.</p> <p class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Arms control and disarmament activities</quotedText>” for the period July 1, 1976, through September 30, 1976, $250,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Commission on Civil Rights</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $154,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $178,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Trade Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $108,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $122,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Legal Services Corporation</heading> <appropriations level="small"><heading>payment to the legal services corporation</heading> <content>For an additional amount for payment to the “Legal Services Corporation”, $4,330,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Privacy Protection Study Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $250,000, to remain available until expended: <i>Provided</i>, That this appropriation shall be available only upon enactment of authorizing legislation.</content></appropriations> </appropriations> </appropriations> </chapter> <chapter><num value="X"><inline class="centered">CHAPTER X</inline></num> <heading>DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>Notwithstanding the limitation of funds available in the appropriation under this head in the Department of Transportation and Related Agencies Appropriation Act, 1975, to lease and maintain <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t88/s769">88 stat. 769</ref>.</p></sidenote>automobile parking facilities in the Nassif Building, payments of not to exceed $53,000 may be made out of any unobligated Departmental funds provided for fiscal year 1975 to pay the full court judgment awarded in June 1975 relating to such facilities.</content></appropriations> <page identifier="/us/stat/90/624">90 STAT. 624</page> <appropriations level="small"><heading>transportation, planning, research, and development</heading> <content>From amounts made available in the fiscal year 1976 appropriation under this head, not to exceed $244,673 shall be used to pay the cost of a study by the Georgia Institute of Technology to devise analytical procedures for intercity transportation and development planning <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t87/s272">87 Stat. 272</ref>.</p></sidenote>using the route identified in section 143(1) of Public Law 93–87 as the focus of the study.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Coast Guard</heading> <appropriations level="small"><heading>acquisition, construction, and improvements</heading> <content>For an additional amount for “Acquisition, construction, and improvements” $10,000,000 for carrying out the provisions of Public <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 331.</p></sidenote>Law 94–265, Fishery Conservation and Management Act of 1976, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>retired pay</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Retired pay”, $8,000,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Retired pay” for the period July 1, 1976, through September 30, 1976, $3,250,000.</p> </content> </appropriations> <appropriations level="small"><heading>state boating safety assistance</heading> <content>For “State boating safety assistance” for the period July 1, 1976, through September 30, 1976, $1,450,000 to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Aviation Administration</heading> <appropriations level="small"><heading>operation and maintenance, national capital airports</heading> <content>For an additional amount for “Operation and maintenance, National Capital Airports”, $475,000.</content></appropriations> <appropriations level="small"><heading>facilities, engineering and development</heading> <content>For an additional amount for “Facilities, engineering and development”, $2,500,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Highway Administration</heading> <appropriations level="small"><heading>highway safety research and development</heading> <content>For “Highway safety research and development” for the period July 1, 1976, through September 30, 1976, to be derived from the Highway Trust Fund, $2,250,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>limitation on general operating expenses</heading> <content>For an additional amount for “Limitation on general operating expenses” for the period July 1, 1976, through September 30, 1976, $2,250,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>highway beautification</heading> <content>For an additional amount for “Highway beautification (liquidation of contract authorization)” for the period July 1, 1976, through <page identifier="/us/stat/90/625">90 STAT. 625</page>September 30, 1976, $250,000 for necessary administrative expenses for carrying out such provisions of title 23, United States Code, as authorized by section 104(a) of the Federal-Aid Highway Act of 1973.</content></appropriations> <appropriations level="small"><heading>federal-aid highways</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t87/s251">87 stat. 251</ref>.</p></sidenote> <heading>(liquidation of contact authorization)</heading> <heading>(trust fund)</heading> <content>For an additional amount for carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid high-ways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of section 308, title 23, United States Code, $1,100,000,000, or so much as may be available in and derived from the Highway Trust Fund, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>National Highway Traffic Safety Administration</heading> <appropriations level="small"><heading>traffic and highway safety</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Traffic and highway safety,” $950,000.</p> <p class="firstIndent1 fontsize10">For “Traffic and highway safety” for the period July 1, 1976, through September 30, 1976, $16,950,000 of which $6,300,000 shall be derived from the Highway Trust Fund: <proviso><i>Provided</i>, That not to exceed $6,700,000 shall remain available until expended, of which $1,870,000 shall be derived from the Highway Trust Fund, for contractual requirements of Research and Analysis activities.</proviso></p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Railroad Administration</heading> <appropriations level="small"><heading>railroad research and development</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Railroad research and development”, $3,000,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Railroad research and development” for the period July 1, 1976, through September 30, 1976, $2,000,000 to remain available until expended.</p> </content> </appropriations> <appropriations level="small"><heading>rail service assistance</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses to carry out the provisions of section 210(f) of the Regional Rail Reorganization Act of 1973 (Public Law 93–236), as amended, $250,000,000; together with $13,880,000 for rail service <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s720">45 USC 720</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 130.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s762">45 USC 762</ref>.</p></sidenote>assistance programs authorized by section 803 of Public Law 94–210 and section 402 of Public Law 93–236, as amended, and for necessary administrative expenses in connection with Federal assistance not otherwise provided for; together with $1,250,000 for the necessary expenses of the minority resource center as authorized by section 906 of Public Law 94–210, to remain available until expended.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 149.</p></sidenote></p> <p class="firstIndent1 fontsize10">For an additional amount for rail service continuation subsidies under section 402(i) of the Regional Rail Reorganization Act of 1973, as amended, $6,400,000; and for necessary expenses in connection with Federal assistance not authorized or provided for, $300,000; for the period July 1, 1976, through September 30, 1976, to remain available until expended.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/626">90 STAT. 626</page> <appropriations level="intermediate"><heading>Urban Mass Transportation Administration</heading> <subheading>Urban Mass Transportation Fund</subheading> <subheading class="smallCaps">(liquidation of contract authorization)</subheading> <chapeau>For an additional payment to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1961 et seq., <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s1601/1601b">49 USC 1601a note, 1601b note</ref>.</p></sidenote>as amended by Public Laws 91–453 and 93–503) and section 103(e) (4) of title 23, United States Code, $86,000,000, to remain available until expended: <proviso><i>Provided</i>, That none of the funds provided in Public Law 94–134 shall be available for administrative expenses in connection with obligations against contract authority for interstate substitutions under 23 U.S.C. 103 (e)(4) aggregating more than $444,000,000 in fiscal year 1976 and the period ending September 30, 1976, of which not more than $287,000,000 shall be for obligations for the Washington Metropolitan Area Transit Authority:</proviso> <proviso><i>Provided further</i>, That such amounts as are necessary for highway projects substituted for Inter-state System segments shall be transferred to the Federal Highway Administration.</proviso></chapeau> <appropriations level="small"><heading>projects substituted for interstate system projects</heading> <content>For necessary expenses to carry out the provisions of title 23, U.S.C. 103 (e)(4), $188,000,000, to remain available until expended: <proviso><i>Provided</i>, That such amounts as are necessary to carry out highway projects substituted for Interstate System segments shall be transferred to the Federal Highway Administration.</proviso></content></appropriations> </appropriations> <appropriations level="major"><heading>RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Interstate Commerce Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses,” $1,700,000, of which $600,000 shall be available for necessary expenses of the Rail Services Planning Office to carry out the powers and duties authorized <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s701/801">45 USC 701 note, 801 note</ref>.</p></sidenote>by the Regional Rail Reorganization Act of 1973, as amended by the Railroad Revitalization and Regulatory Reform Act of 1976; of which $186,000 shall be available for the Office of Rail Public Counsel to carry out the powers and duties authorized by the Railroad Revitalization and Regulatory Reform Act of 1976; and of which $500,000 shall be available for the Uniform Cost and Revenue Accounting System for railroads.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses,” for the period July 1, 1976, through September 30, 1976, $1,295,000, of which $350,000 shall be available for necessary expenses of the Rail Services Planning Office to carry out the powers and duties authorized by the Railroad Revitalization and Regulatory Reform Act of 1976; of which $225,000 shall be available for the Office of Rail Public Counsel to carry out the powers and duties authorized by the Railroad Revitalization and Regulatory Reform Act of 1976; and of which $500,000 shall be available for the Uniform Cost and Revenue Accounting System for railroads.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/627">90 STAT. 627</page> <appropriations level="intermediate"><heading>United States Railway Association</heading> <appropriations level="small"><heading>administrative expenses</heading> <content>For an additional amount for “Administrative expenses,” $6,500,000.</content></appropriations> </appropriations> </appropriations> </chapter> <chapter><num value="XI"><inline class="centered">CHAPTER XI</inline></num> <heading>DEPARTMENT OF THE TREASURY</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">Of the amount provided under this head in the “Treasury, Postal Service, and General Government Appropriation Act, 1976”, $712,000 shall be available for expenses of travel, notwithstanding the provisions of section 501 of the Act.</p> <p class="firstIndent1 fontsize10">Of the amount provided under this head for the period from July 1, 1976, through September 30, 1976, in the “Treasury, Postal Service, and General Government Appropriation Act, 1976”, $193,000 shall be available for expenses of travel, notwithstanding the provisions of section 501 of the Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s457">89 stat. 457</ref>.</p></sidenote></p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Government Financial Operations</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $10,573,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $4,944,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Customs Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $9,600,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $3,800,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of the Public Debt</heading> <appropriations level="small"><heading>administering the public debt</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Administering the public debt”, $3,869,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Administering the public debt” for the period July 1, 1976, through September 30, 1976, $1,410,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Secret Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, including purchase of ten motor vehicles for police-type use, $6,000,000, and in addition, $1,000,000, to remain available until expended, for payments to State and local governments for protection of permanent and observer foreign diplomatic missions, under extraordinary circum-<page identifier="/us/stat/90/628">90 STAT. 628</page>stances, pursuant to Public Law 94–198, approved December 31, 1975.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses” for the period July 1, 1976, through September 30, 1976, $1,700,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Postal Service</heading> <appropriations level="small"><heading>payment to the postal service fund</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Payment to the Postal Service Fund”, $121,231,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Payment to the Postal Service Fund” for the period July 1, 1976, through September 30, 1976, $17,649,000.</p> </content> </appropriations> </appropriations> <appropriations level="major"><heading>EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Council on Wage and Price Stability</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, for the period July 1, 1976, through September 30, 1976, $403,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Drug Abuse Policy</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of Drug Abuse Policy, as <sidenote><p class="indent0 firstIndent0 fontsize8">Ante, p. 241.</p></sidenote>authorized by Public Law 94–237, $250,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>Civil Service Commission</heading> <appropriations level="small"><heading>government payment for annuitants, employees health benefits</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for “Government payment for annuitants, employees health benefits”, $9,319,000.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Government payment for annuitants, employees health benefits” for the period July 1, 1976, through September 30, 1976, $4,407,000.</p> </content> </appropriations> <appropriations level="small"><heading>PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND</heading> <content>For an additional amount for “Payment to Civil Service retirement and disability fund”, $236,895,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>National Commission on the Observance of International Women’s Year, 1975</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the National Commission on the Observance of International Women’s Year, 1975, as authorized by Public <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s1003">89 stat. 1003</ref>.</p></sidenote>Law 94–167, $5,000,000, to remain available until expended: <proviso><i>Provided</i>, That none of the funds appropriated under this paragraph shall be used for lobbying activities.</proviso></content></appropriations> </appropriations> </appropriations> <page identifier="/us/stat/90/629">90 STAT. 629</page> <appropriations level="intermediate"><heading>National Study Commission on Records and Documents of Federal Officials</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the provisions of title II of the Public Documents Act of December 19, 1974 (Public Law 93–526), <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t44/s3315">44 USC 3315 note</ref>.</p></sidenote>$350,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>National Commission on Supplies and Shortages</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for the National Commission on Supplies and Shortages, for the necessary expenses of the Advisory Committee, established under section 720 (i) (2) of the Defense Production Act of 1950, $125,000, to remain available until March 31, 1977.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s2169">50 USC app. 2169</ref>.</p></sidenote></content></appropriations> </appropriations> </chapter> <chapter><num value="XII"><inline class="centered">CHAPTER XII</inline></num> <heading>CLAIMS AND JUDGMENTS</heading> <appropriations level="small"><heading>claims and judgments</heading> <content>For payment of claims settled and determined by departments and agencies in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in Senate Documents Numbered 94–163 and 94–180 and House Document Numbered 395, Ninety-fourth Congress, $53,971,745, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: <proviso><i>Provided</i>, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against, the United States by failure of the parties to appeal or otherwise:</proviso> <proviso><i>Provided further</i>, That unless otherwise specifically required by law or by judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of the Act.</proviso></content></appropriations> </chapter> <num class="centered" value="II">TITLE II—</num><heading class="inline">INCREASED PAY COSTS FOR THE FISCAL YEAR 1976</heading> <chapeau>For additional amounts for appropriations for the fiscal year 1976, for increased pay costs authorized by or pursuant to law, as follows:</chapeau> <appropriations level="major"><heading>LEGISLATIVE BRANCH</heading> <appropriations level="intermediate"><heading>Senate</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Legislative Counsel of the Senate”, $22,870;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Senate policy committees”, $29,410;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Inquiries and investigations”, $587,685;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Folding documents”, $3,250;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Miscellaneous items’, $4,450;</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/90/630">90 STAT. 630</page> <appropriations level="intermediate"><heading>House of Representatives</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Compensation of Members”, $787,200;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“House leadership offices”, $55,400;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries, officers and employees”, $294,500;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Committee on Appropriations (studies and investigations)”, $7,500;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Law Revision Counsel”, $2,800;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Legislative Counsel”, $32,300;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Members’ clerk hire”, $2,620,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Government contributions”, $640,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Special and select committees”, $551,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Leadership automobiles”, $2,100;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Joint Items</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Economic Committee”, $39,215;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Printing”, $17,090;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Internal Revenue Taxation”, $44,800;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Defense Production”, $5,600;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Congressional Operations”, $19,500;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Capitol Guide Service”, $11,050;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Office of Technology Assessment</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $93,000;</content></appropriations> <appropriations level="intermediate"><heading>Congressional Budget Office</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $132,100;</content></appropriations> <appropriations level="intermediate"><heading>Architect of the Capitol</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">Office of the Architect of the Capitol:</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries”, $51,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Capitol buildings and grounds:</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Capitol buildings”, $156,800;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Capitol grounds”, $58,700;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Senate office buildings”, $322,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Senate garage”, $7,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“House office buildings”, $438,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Capitol power plant”, $25,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Library buildings and grounds: Structural and mechanical care”, $69,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Botanic Gardens</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $47,500;</content></appropriations> <appropriations level="intermediate"><heading>Library of Congress</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $1,522,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Copyright Office: “Salaries and expenses”, $224,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Congressional Research Service: “Salaries and expenses”, $559,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Distribution of catalog cards: “Salaries and expenses”. $244,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Books for the blind and physically handicapped: “Salaries and expenses”, $33,000;</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/90/631">90 STAT. 631</page> <appropriations level="intermediate"><heading>Government Printing Office</heading> <content class="indent0 firstIndent1 fontsize10">Office of Superintendent of Documents: “Salaries and expenses”, $799,000;</content></appropriations> <appropriations level="intermediate"><heading>General Accounting Office</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $3,352,000;</content></appropriations> <appropriations level="intermediate"><heading>United States Tax Court</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $115,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>THE JUDICIARY</heading> <appropriations level="intermediate"><heading>Supreme Court of the United States</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Automobile for the Chief Justice”, $500;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Care of the building and grounds”, $25,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Customs Court</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $42,500;</content></appropriations> <appropriations level="intermediate"><heading>Court of Claims</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $25,000;</content></appropriations> <appropriations level="intermediate"><heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries of supporting personnel”, $2,400,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Representation by court-appointed counsel and operation of defender organizations”, $156,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses of referees”, $796,000, to be derived from the Referees’ salary and expense fund established pursuant to the Act of June 28, 1946, as amended (11 U.S.C. 68,102), and, to the extent of any deficiency in said fund, from any moneys in the Treasury not otherwise appropriated;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Administrative Office of the United States Courts</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $198,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Executive Residence</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $76,000;</content></appropriations> <appropriations level="intermediate"><heading>Special Assistance to the President</heading> <content class="indent0 firstIndent1 fontsize10">“Special assistance to the President”, $23,000;</content></appropriations> <appropriations level="intermediate"><heading>Council of Economic Advisers</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $21,000;</content></appropriations> <appropriations level="intermediate"><heading>Council on Wage and Price Stability</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $39,000;</content></appropriations> <page identifier="/us/stat/90/632">90 STAT. 632</page> <appropriations level="intermediate"><heading>Domestic Council</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $36,000;</content></appropriations> <appropriations level="intermediate"><heading>National Security Council</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $72,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Management and Budget</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Office of Federal Procurement Policy: Salaries and expenses</quotedText>”, $24,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of the Special Representative for Trade Negotiations</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $40,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF AGRICULTURE</heading> <appropriations level="small"><heading>(including transfer of funds)</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Secretary”, $48,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Departmental administration”, $421,000, of which $73,000 shall be available for the Office of Communication;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Inspector General”, $460,000, and, in addition, $169,000 shall be derived by transfer from the appropriation “Food stamp program” and merged with this appropriation;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the General Counsel”, $270,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Agricultural Research Service”, $6,629,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Animal and Plant Health Inspection Service”, $9,010,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“National Agricultural Library”, $118,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Statistical Reporting Service”, $787,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Economic Research Service”, $745,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Packers and Stockyards Administration”, $143,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Farmer Cooperative Service”, $77,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Crop Insurance Corporation</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Administrative and operating expenses”, $60,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Federal Crop Insurance Corporation fund”, an additional $395,000 of administrative and operating expenses may be paid from premium income;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Rural Development Service”, $36,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Rural Electrification Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $601,000;</content></appropriations> <appropriations level="intermediate"><heading>Agricultural Marketing Service</heading> <content class="indent0 firstIndent1 fontsize10">“Funds for strengthening markets, income, and supply (section 32)” (increase of $116,000 in the limitation “marketing agreements and orders”);</content></appropriations> <appropriations level="intermediate"><heading>Forest Service</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Forest protection and utilization”, for “Forest land management”, $7,840,000, of which $23,000 for cooperative law enforcement and <page identifier="/us/stat/90/633">90 STAT. 633</page>$221,000 for insect and disease control shall remain available until expended; “Forest research”, $1,925,000; and “State and private forestry cooperation”, $164,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Construction and land acquisition”, $389,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Youth Conservation Corps”, $98,000, to remain available until the end of the fiscal year following the fiscal year for which appropriated: <proviso><i>Provided</i>, That $49,000 shall be available to the Secretary of the Interior and $49,000 shall be available to the Secretary of Agriculture;</proviso></listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Assistance to States for tree planting”, $9,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"><heading>General Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $394,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Energy Programs</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $46,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of the Census</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $1,000,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Periodic censuses and programs”, $700,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Bureau of Economic Analysis</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $300,000;</content></appropriations> <appropriations level="intermediate"><heading>Domestic and International Business Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations and administration”, $1,350,000, to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>National Oceanic and Atmospheric Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operations, research, and facilities”, $10,400,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Coastal zone management”, $32,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>National Fire Prevention and Control Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations, research, and administration”, $100,000, to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>Patent and Trademark Office</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,050,000;</content></appropriations> <appropriations level="intermediate"><heading>Science and Technical Research</heading> <content class="indent0 firstIndent1 fontsize10">“Scientific and technical research and services”, $1,700,000, to remain available until expended;</content></appropriations> <page identifier="/us/stat/90/634">90 STAT. 634</page> <appropriations level="intermediate"><heading>Maritime Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations and training”, $900,000, to remain available until expended;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE—MILITARY</heading> <appropriations level="intermediate"><heading>Military Personnel</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Army”, $240,238,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Navy”, $161,500,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Marine Corps”, $51,400,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Air Force”, $155,227,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Army”, $9,921,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Navy”, $5,890,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Marine Corps”, $1,000,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Air Force”, $2,097,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“National Guard personnel, Air Force”, $6,154,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Army”, $218,850,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Navy”,$226,600,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Marine Corps”, $21,400,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Air Force”, $166,000,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Defense Agencies”, as follows: for the Secretary of Defense activities, $21,916,000, of which $75,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $20,281,000 shall be available only for Overseas Dependents Education; for the Organization of the Joint Chiefs of Staff, $249,000; for the Office of Information for the Armed Forces, $131,000; for the Defense Contract Audit Agency, $2,368,000; for the Defense Investigative Service, $705,000; for the Defense Mapping Agency, $5,412,000; for the Defense Nuclear Agency, $231,000; for the Uniformed Services University of the Health Sciences, $18,000; for the Defense Supply Agency, $27,556,000; and for intelligence and communications activities, $13,914,000; in all: $72,500,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Army Reserve”, $8,400,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Navy Reserve”, $3,200,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Marine Corps Reserve”, $31,000; “Operation and maintenance, Air Force Reserve”, $8,700,000; “Operation and maintenance, Army National Guard”, $19,600,000; “Operation and maintenance, Air National Guard”, $15,300,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“National Board for the Promotion of Rifle Practice, Army”, $6,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Court of Military Appeals, Defense”, $33,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Research, development, test, and evaluation, Army”, $9,185,000, to remain available for obligation until September 30, 1917;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Research, development, test, and evaluation, Navy”, $10,900,000, to remain available for obligation until September 30, 1977;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Research, development, test, and evaluation, Air Force”, $7,645,000, to remain available for obligation until September 30, 1977;</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/90/635">90 STAT. 635</page> <appropriations level="intermediate"><heading>Defense Civil Preparedness Agency</heading> <content class="indent0 firstIndent1 fontsize10">“Operation and maintenance”, $578,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"><heading>Cemeterial Expenses, Army</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $170,000, to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>Corps op Engineers—Civil</heading> <content class="indent0 firstIndent1 fontsize10">“General expenses”, $1,200,000;</content></appropriations> <appropriations level="intermediate"><heading>The Panama Canal</heading> <appropriations level="small"><heading>canal zone government</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $350,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"><heading>Food and Drug Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $6,000,000;</content></appropriations> <appropriations level="intermediate"><heading>Health Services Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Indian health services”, $5,475,000;</content></appropriations> <appropriations level="intermediate"><heading>National Institutes op Health</heading> <content class="indent0 firstIndent1 fontsize10">“Office of the Director”, $474,000;</content></appropriations> <appropriations level="intermediate"><heading>Alcohol, Drug Abuse, and Mental Health Administration</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Saint Elizabeths Hospital</quotedText>”, $2,000,000;</content></appropriations> <appropriations level="intermediate"><heading>Assistant Secretary for Health</heading> <content class="indent0 firstIndent1 fontsize10">“Assistant Secretary for Health”, $666,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Education</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,083,000;</content></appropriations> <appropriations level="intermediate"><heading>Social Security Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on salaries and expenses” (increase of $22,597,000 in the limitation on salaries and expenses paid from trust funds);</content></appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Office for Civil Rights”, $653,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of Consumer Affairs”, $46,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“General departmental management”, $2,610,000;</listContent></listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/636">90 STAT. 636</page> <appropriations level="major"><heading>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</heading> <subheading class="centered smallCaps">(Including Transfer of Funds)</subheading> <appropriations level="intermediate"><heading>Housing Programs</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Housing programs”, $5,819,000, of which $4,853,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Limitation on administrative expenses, Government National Mortgage Association” (increase of $33,000 in the limitation on administrative expenses);</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Community Planning and Development</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses, Community planning and development programs”, $1,280,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Interstate Land Sales Registration</heading> <content class="indent0 firstIndent1 fontsize10">“Interstate land sales”, $71,000;</content></appropriations> <appropriations level="intermediate"><heading>Policy Development and Research</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses, Policy development and research”, $190,000;</content></appropriations> <appropriations level="intermediate"><heading>Fair Housing and Equal Opportunity</heading> <content class="indent0 firstIndent1 fontsize10">“Fair housing and equal opportunity”, $372,000;</content></appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“General departmental management”, $133,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Office of general counsel”, $152,000, of which $50,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Office of inspector general”, $314,000, of which $97,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Administration and staff services”, $944,000, of which $633,000 shall be provided by transfer from the various fluids of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Regional management and services”, $594,000, of which $62,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Management of lands and resources”, $2,871,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Construction and maintenance”, $93,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Bureau of Reclamation</heading> <content class="indent0 firstIndent1 fontsize10">“General administrative expenses”, $550,000, which shall be derived from the reclamation fund;</content> </appropriations> <page identifier="/us/stat/90/637">90 STAT. 637</page> <appropriations level="intermediate"><heading>Bureau of Outdoor Recreation</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $152,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Land and water conservation fund”: In addition to the amount heretofore made available for administrative expenses of the Bureau of Outdoor Recreation, $152,000 is hereby made available until expended:</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>United States Fish and Wildlife Service</heading> <content class="indent0 firstIndent1 fontsize10">“Resource management”, $2,737,000;</content></appropriations> <appropriations level="intermediate"><heading>National Park Service</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operation of the National Park System”, $7,740,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“John F. Kennedy Center for the Performing Arts”, $70,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Geological Survey</heading> <content class="indent0 firstIndent1 fontsize10">“Surveys, investigations, and research”, $4,989,000;</content></appropriations> <appropriations level="intermediate"><heading>Mining Enforcement and Safety Administration</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Salaries and expenses</quotedText>”, $1,902,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Mines</heading> <content class="indent0 firstIndent1 fontsize10">“Mines and minerals”, $1,431,000;</content></appropriations> <appropriations level="intermediate"><heading>Alaska Power Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations and maintenance”, $170,000;</content></appropriations> <appropriations level="intermediate"><heading>Southwestern Power Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations and maintenance”, $80,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Indian Affairs</heading> <content class="indent0 firstIndent1 fontsize10">“Operation of Indian programs”, $9,950,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Territorial Affairs</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Administration of territories”, $13,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Trust Territory of the Pacific Islands”, $108,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Office of the Solicitor</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $335,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $522,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Departmental operations”, $213,000;</listContent></listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/638">90 STAT. 638</page> <appropriations level="major"><heading>DEPARTMENT OF JUSTICE</heading> <appropriations level="intermediate"><heading>General Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $544,000;</content></appropriations> <appropriations level="intermediate"><heading>Legal Activities</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, general legal activities”, $1,689,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Antitrust Division”, $604,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, United States attorneys and marshals”, $3,668,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Community Relations Service”, $94,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Bureau of Investigation</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $13,092,000;</content></appropriations> <appropriations level="intermediate"><heading>Immigration and Naturalization Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $5,609,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Prison System</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Bureau of Prisons”, $6,238,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Limitation on administrative and vocational training expenses, Federal Prison Industries Incorporated” (increase of $31,000 in the limitation on administrative expenses and of $128,000 in the limitation on vocational training expenses);</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Drug Enforcement Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $3,142,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"><heading>Manpower Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Program administration”, $1,629,000, together with not to exceed $840,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $186,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001–2003;</content></appropriations> <appropriations level="intermediate"><heading>Labor-Management Services Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $743,000;</content></appropriations> <appropriations level="intermediate"><heading>Employment Standards Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,811,000;</content></appropriations> <appropriations level="intermediate"><heading>Occupational Safety and Health Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $960,000;</content></appropriations> <page identifier="/us/stat/90/639">90 STAT. 639</page> <appropriations level="intermediate"><heading>Bureau of Labor Statistics</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,000,000, of which $173,000 shall be available, in addition to the amount heretofore made available, for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements;</content></appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, including $33,000 for the President’s Committee on Employment of the Handicapped, $680,000, together with $26,000, to be derived from the Employment Security Administration account, Unemployment Trust Fund;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF STATE</heading> <appropriations level="intermediate"><heading>Administration of Foreign Affairs</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $7,000,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Acquisition, operation, and maintenance of buildings abroad”, $102,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>International Organizations and Conferences</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Missions to international organizations</quotedText>”, $139,000;</content></appropriations> <appropriations level="intermediate"><heading>International Commissions</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">International Boundary and Water Commission, United States and Mexico:</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”. $225,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“American sections, international commissions”, $33,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“International fisheries commissions”, $30,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Educational Exchange</heading> <content class="indent0 firstIndent1 fontsize10">“Mutual educational and cultural exchange activities”, $325,000;</content></appropriations> <appropriations level="intermediate"><heading>Other</heading> <content class="indent0 firstIndent1 fontsize10">“Migration and refugee assistance”, $23,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $400,000;</content></appropriations> <appropriations level="intermediate"><heading>Coast Guard</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operating expenses”, $19,900,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve training”, $900,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Aviation Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operations”, $42,250,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, National Capital Airports”, $600,000;</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/90/640">90 STAT. 640</page> <appropriations level="intermediate"><heading>Federal Highway Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Limitation on general operating expenses” (increase of $2,000,000 in the limitation on general operating expenses);</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Motor carrier safety”, $167,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>National Highway Traffic Safety Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Traffic and highway safety”, $200,000, of which $80,000 shall be derived from the Highway Trust Fund;</content></appropriations> <appropriations level="intermediate"><heading>Federal Railroad Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Administrator, salaries and expenses”, $175,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Railroad Safety”, $250,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Saint Lawrence Seaway Development Corporation</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on administrative expenses, Saint Lawrence Seaway Development Corporation” (increase of $20,000 in the limitation on administrative expenses);</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF THE TREASURY</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $683,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Revenue Sharing</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $79,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Government Financial Operations</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,152,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Alcohol, Tobacco, and Firearms</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,858,000;</content></appropriations> <appropriations level="intermediate"><heading>United States Customs Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $9,077,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of the Public Debt</heading> <content class="indent0 firstIndent1 fontsize10">“Administering the public debt”, $1,131,000;</content></appropriations> <appropriations level="intermediate"><heading>Internal Revenue Service</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $1,325,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Accounts, collection and taxpayer service”, $20,240,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Compliance”, $23,955,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>United States Secret Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,200,000;</content></appropriations> </appropriations> <page identifier="/us/stat/90/641">90 STAT. 641</page> <appropriations level="major"><heading>ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $6,522,000, to remain available until expended;</content></appropriations> <appropriations level="major"><heading>GENERAL SERVICES ADMINISTRATION</heading> <chapeau class="indent0 firstIndent1 fontsize10">“Disposal of surplus real and related personal property, operating expenses”, $180,000;</chapeau> <appropriations level="intermediate"><heading>Federal Buildings Fund</heading> <content class="indent0 firstIndent1 fontsize10">“Limitations on availability of revenue”; In addition to the aggregate amount heretofore made available for real property management and related activities in fiscal year 1976, $9,600,000 shall be available for such purposes and the limitation on the amount available for real property operations is increased to $397,500,000 and the limitation on the amount available for program direction and centralized services is increased to $65,600,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Supply Service</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $667,000;</content></appropriations> <appropriations level="intermediate"><heading>National Archives and Records Service</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Records declassification</quotedText>”, $44,000;</content></appropriations> <appropriations level="intermediate"><heading>Automated Data and Telecommunications Service</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Operating expenses</quotedText>”, $210,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Preparedness</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $510,000;</content></appropriations> <appropriations level="intermediate"><heading>General Management and Agency Operations</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $183,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Indian trust accounting”, $75,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Administrative and Staff Support Services</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,397,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</heading> <content class="indent0 firstIndent1 fontsize10">“Research and program management”, $16,800,000;</content></appropriations> <appropriations level="major"><heading>VETERANS ADMINISTRATION</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Medical care”, $79,355,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Medical and prosthetic research”, $2,309,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“General operating expenses”, $12,550,000;</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/90/642">90 STAT. 642</page> <appropriations level="major"><heading>OTHER INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>Action</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operating expenses, international programs (Peace Corps)”, $440,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operating expenses, domestic programs”, $329,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>American Battle Monuments Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $362,000;</content></appropriations> <appropriations level="intermediate"><heading>Arms Control and Disarmament Agency</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Arms control and disarmament activities</quotedText>”, $230,000;</content></appropriations> <appropriations level="intermediate"><heading>Civil Aeronautics Board</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $560,000;</content></appropriations> <appropriations level="intermediate"><heading>Civil Service Commission</heading> <appropriations level="small"><heading>(including transfer of funds)</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,333,000; together with an additional amount of $545,000 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Commission in amounts determined by the Commission without regard to other statutes;</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Labor Relations Council</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $43,000;</content></appropriations> <appropriations level="intermediate"><heading>Commission of Fine Arts</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $4,000;</content></appropriations> <appropriations level="intermediate"><heading>Commission on Civil Rights</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $193,000;</content></appropriations> <appropriations level="intermediate"><heading>Committee for Purchase From the Blind and Other Severely Handicapped</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Salaries and expenses</quotedText>”, $6,000;</content></appropriations> <appropriations level="intermediate"><heading>Commodity Futures Trading Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Commodity futures trading commission”, $290,000;</content></appropriations> <appropriations level="intermediate"><heading>Equal Employment Opportunity Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $619,000;</content></appropriations> <appropriations level="intermediate"><heading>Farm Credit Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on administrative expenses” (increase of $172,000 in the limitation on administrative expenses);</content></appropriations> <page identifier="/us/stat/90/643">90 STAT. 643</page> <appropriations level="intermediate"><heading>Federal Communications Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,125,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Home Loan Bank Board</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on administrative and nonadministrative expenses, Federal Home Loan Bank Board” (increase of $596,000 in the limitation on nonadministrative expenses);</content></appropriations> <appropriations level="intermediate"><heading>Federal Maritime Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $200,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Mediation and Conciliation Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $428,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Power Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $950,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Trade Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,164,000;</content></appropriations> <appropriations level="intermediate"><heading>Appalachian Regional Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $40,000;</content></appropriations> <appropriations level="intermediate"><heading>Delaware River Basin Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,000;</content></appropriations> <appropriations level="intermediate"><heading>Susquehanna River Basin Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,000;</content></appropriations> <appropriations level="intermediate"><heading>Interstate Commerce Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,425,000;</content></appropriations> <appropriations level="intermediate"><heading>National Labor Relations Board</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,831,000;</content></appropriations> <appropriations level="intermediate"><heading>National Science Foundation</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,250,000, (and an increase of $1,020,000 in the limitation on program development and management);</content></appropriations> <appropriations level="intermediate"><heading>Nuclear Regulatory Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,000,000 to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>Occupational Safety and Health Review Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $131,000;</content></appropriations> <page identifier="/us/stat/90/644">90 STAT. 644</page> <appropriations level="intermediate"><heading>Railroad Retirement Board</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on salaries and expenses” (increase in the limitation on salaries and expenses of $789,000, to be derived from the railroad retirement accounts);</content></appropriations> <appropriations level="intermediate"><heading>Renegotiation Board</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $166,000;</content></appropriations> <appropriations level="intermediate"><heading>Securities and Exchange Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,406,000;</content></appropriations> <appropriations level="intermediate"><heading>Small Business Administration</heading> <appropriations level="small"><heading>(including transfer of funds)</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $650,000, and, in addition to the amounts heretofore authorized for transfer from the “<quotedText>Disaster loan fund</quotedText>”, the “Business loan and investment fund”, the “Lease guarantees revolving fund”, and the “<quotedText>Surety Bond guarantees revolving fund</quotedText>”, $2,350,000 may be transferred to this appropriation;</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Smithsonian Institution</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $2,067,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Science information exchange”, $65,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, National Gallery of Art”, $228,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Woodrow Wilson International Center for Scholars”, $13,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Temporary Study Commission</heading> <content class="indent0 firstIndent1 fontsize10">Privacy Protection Study Commission: “Salaries and Expenses”, $2,000;</content></appropriations> <appropriations level="intermediate"><heading>United States Information Agency</heading> <subheading class="smallCaps">(transfer of funds)</subheading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,100,000, of which $713,000 shall be derived by transfer from the appropriation for “Salaries and expenses (Special Foreign Currency Program)”, fiscal year 1976, and $387,000 shall be derived by transfer from the appropriation for “Salaries and expenses”, for the period July 1, 1976, through September 30, 1976;</content></appropriations> </appropriations> <appropriations level="major"><heading>ANNEXED BUDGETS</heading> <appropriations level="intermediate"><heading>Export-Import Bank of the United States</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on administrative expenses” (Increase of $270,000 in the limitation on administrative expenses).</content></appropriations> </appropriations> </appropriations> <num class="centered" value="III">TITLE III—</num><heading class="inline">INCREASED PAY COSTS FOR THE PERIOD JULY 1, 1976, THROUGH SEPTEMBER 30, 1976</heading> <chapeau>For additional amounts for appropriations for the period July 1, 1976, through September 30, 1976, for increased pay costs authorized by or pursuant to law, as follows:</chapeau> <page identifier="/us/stat/90/645">90 STAT. 645</page> <appropriations level="major"><heading>LEGISLATIVE BRANCH</heading> <appropriations level="intermediate"><heading>Senate</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries, officers and employees”, $1,342,925;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Legislative Counsel of the Senate”, $7,625;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Senate policy committees”, $9,805;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Inquiries and investigations”, $195,895;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Folding documents”, $1,085;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Miscellaneous items”, $1,485;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>House of Representatives</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Compensation of Members”, $262,400;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“House leadership offices”, $18,445;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries, officers and employees”,$81,365;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Committee on Appropriations (studies and investigations)”, $2,500;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Law Revision Counsel”, $925;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Legislative Counsel”, $10,800;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Members’ clerk hire”, $1,433,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Government contributions”, $140,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Special and select committees”, $184,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Leadership automobiles”, $700;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Joint Items</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Economic Committee”, $13,075;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Atomic Energy”, $6,805;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Printing”, $5,700;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Internal Revenue Taxation”, $14,900;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Defense Production”, $1,900;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Joint Committee on Congressional Operations”, $6,500;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Capitol Guide Service”, $3,685;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Library of Congress</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $629,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Copyright Office: “Salaries and expenses”, $86,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">National Commission on New Technological Uses of Copyrighted Works: “Salaries and expenses”, $4,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Congressional Research Service: “Salaries and expenses”, $220,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Distribution of catalog cards: “Salaries and expenses”, $98,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Books for the blind and physically handicapped: “Salaries and expenses”, $25,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Government Printing Office</heading> <content class="indent0 firstIndent1 fontsize10">Office of Superintendent of Documents: “Salaries and expenses”, $298,000;</content></appropriations> <appropriations level="intermediate"><heading>General Accounting Office</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,106,000;</content></appropriations> <appropriations level="intermediate"><heading>United States Tax Court</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $19,000;</content></appropriations> </appropriations> <page identifier="/us/stat/90/646">90 STAT. 646</page> <appropriations level="major"><heading>THE JUDICIARY</heading> <appropriations level="intermediate"><heading>Supreme Court of the United States</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries”, $63,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Automobile for the Chief Justice”, $200;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Court of Customs and Patent Appeals</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Salaries and expenses</quotedText>”, $11,000;</content></appropriations> <appropriations level="intermediate"><heading>Customs Court</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $32,500;</content></appropriations> <appropriations level="intermediate"><heading>Court of Claims</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $26,000;</content></appropriations> <appropriations level="intermediate"><heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries of supporting personnel”, $1,498,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Representation by court-appointed counsel and operation of defender organizations”,$52,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses of United States Magistrates”, $112,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses of referees”, $275,000, to be derived from the Referees’ salary and expense fund established pursuant to the Act of June 28, 1946, as amended (11 U.S.C. 68,102), and, to the extent of any deficiency in said fund, from any moneys in the Treasury not otherwise appropriated;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Administrative Office of the United States Courts</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $82,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Judicial Center</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $18,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Executive Residence</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $28,000;</content></appropriations> <appropriations level="intermediate"><heading>Special Assistance to the President</heading> <content class="indent0 firstIndent1 fontsize10">“Special assistance to the President”, $9,000;</content></appropriations> <appropriations level="intermediate"><heading>Council on Wage and Price Stability</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $15,000;</content></appropriations> <appropriations level="intermediate"><heading>Domestic Council</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $11,000;</content></appropriations> <appropriations level="intermediate"><heading>National Security Council</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $24,000;</content></appropriations> <page identifier="/us/stat/90/647">90 STAT. 647</page> <appropriations level="intermediate"><heading>Office of Management and Budget</heading> <content class="indent0 firstIndent1 fontsize10">Office of Federal Procurement Policy: “Salaries and expenses”, $9,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of the Special Representative for Trade Negotiations</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $14,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF AGRICULTURE</heading> <appropriations level="small"><heading>(including transfer of funds)</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Secretary”, $16,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Departmental administration”, $147,000, of which $26,000 shall be available for the Office of Communication;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Inspector General”, $162,000, and, in addition, $59,000 shall be derived by transfer from the appropriation “Food stamp program” and merged with this appropriation;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the General Counsel”, $94,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Agricultural Research Service”,$2,411,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Animal and Plant Health Inspection Service”, $3,164,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“National Agricultural Library”, $41,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Statistical Reporting Service”, $280,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Economic Research Service”, $255,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Packers and Stockyards Administration”, $50,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Farmer Cooperative Service”, $27,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Crop Insurance Corporation</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Administrative and operating expenses”, $125,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Federal Crop Insurance Corporation Fund”, an additional $33,000 of administrative and operating expenses may be paid from premium income;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Rural Development Service”, $12,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Rural Electrification Administration: “Salaries and expenses”, $212,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Agricultural Marketing Service</heading> <content class="indent0 firstIndent1 fontsize10">“Funds for strengthening markets, income, and supply (section 32)” (increase of $39,000 in the limitation on “marketing agreements and orders”);</content></appropriations> <appropriations level="intermediate"><heading>Forest Service</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Forest protection and utilization”, for “Forest land management”, $3,770,000, of which $12,000 for cooperative law enforcement shall remain available until expended; “Forest research”, $589,000; and “<quotedText>State and private forestry cooperation</quotedText>”, $60,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Construction and land acquisition”, $195,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Youth Conservation Corps”, $56,000, to remain available until the end of the fiscal year following the fiscal year for which appropriated: <proviso><i>Provided</i>, That $28,000 shall be available to the Secretary of the Interior and $28,000 shall be available to the Secretary of Agriculture;</proviso></listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Assistance to States for tree planting”, $5,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/648">90 STAT. 648</page> <appropriations level="major"><heading>DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"><heading>General Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $138,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Energy Programs</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $16,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of the Census</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $392,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Periodic censuses and programs”, $242,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Bureau of Economic Analysis</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $115,000;</content></appropriations> <appropriations level="intermediate"><heading>Domestic and International Business Administration</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Operations and administration</quotedText>”, $546,000, to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>National Oceanic and Atmospheric Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operations, research, and facilities”, $3,644,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Coastal zone management”, $11,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>National Fire Prevention and Control Administration</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Operations, research, and administration</quotedText>”, $44,000, to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>Patent and Trademark Office</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $704,000;</content></appropriations> <appropriations level="intermediate"><heading>Science and Technical Research</heading> <content class="indent0 firstIndent1 fontsize10">“Scientific and technical research and services”, $625,000, to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>Maritime Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations and training”, $376,000, to remain available until expended;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE—MILITARY</heading> <appropriations level="intermediate"><heading>Military Personnel</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Army”, $84,355,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Navy”, $61,000,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Marine Corps”, $16,700,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Military personnel, Air Force”, $76,095,000;<page identifier="/us/stat/90/649">90 STAT. 649</page></listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Army, $3,201,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Navy”, $2,340,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Marine Corps”, $800,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve personnel, Air Force”, $2,079,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“National Guard personnel, Army”, $6,950,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“National Guard personnel, Air Force”, $2,727,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Army”, $89,400,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Navy”, $72,100,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Marine Corps”, $5,300,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Air Force”, $57,400,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Defense Agencies”, as follows: for the Secretary of Defense activities, $1,458,000, of which $30,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $921,000 shall be available only for Overseas Dependents Education; for the Organization of the Joint Chiefs of Staff, $49,000; for the Office of Information for the Armed Forces, $45,000; for the Defense Contract Audit Agency, $804,000; for the Defense Investigative Service, $229,000; for the Defense Mapping Agency, $2,139,000; for the Defense Nuclear Agency, $81,000; for the Uniformed Services University of the Health Sciences, $8,000; for the Defense Supply Agency, $11,072,000; and for intelligence and communications activities. $5,215,000; in all: $21,100,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance. Army Reserve”, $3,700,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Navy Reserve”, $1,000,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, Marine Corps Reserve”, $9,000; “Operation and maintenance, Air Force Reserve”, $3,800,000; “Operation and maintenance, Army National Guard”, $8,800,000; “Operation and maintenance, Air National Guard”, $7,000,000. “National Board for the Promotion of Rifle Practice, Army”, $2,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Court of Military Appeals, Defense”, $11,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Research, development, test, and evaluation, Army”, $3,206,000, to remain available for obligation until September 30, 1977;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Research, development, test, and evaluation, Navy”, $3,700,000, to remain available for obligation until September 30, 1977:</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Research, development test, and evaluation, Air Force”, $2,926,000, to remain available for obligation until September 30, 1977;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Defense Civil Preparedness Agency</heading> <content class="indent0 firstIndent1 fontsize10">“Operation and maintenance”, $191,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE CIVIL</heading> <appropriations level="intermediate"><heading>Cemeterial Expenses, Army</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $56,000, to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>Corps of Engineers—Civil</heading> <content class="indent0 firstIndent1 fontsize10">“General expenses”, $400,000;</content> </appropriations> <page identifier="/us/stat/90/650">90 STAT. 650</page> <appropriations level="intermediate"><heading>The Panama Canal</heading> <appropriations level="small"><heading>canal zone government</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $300,000;</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"><heading>Food and Drug Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,900,000;</content> </appropriations> <appropriations level="intermediate"><heading>Health Services Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Indian health services”, $1,748,000;</content> </appropriations> <appropriations level="intermediate"><heading>National Institutes of Health</heading> <content class="indent0 firstIndent1 fontsize10">“Office of the Director”, $168,000;</content> </appropriations> <appropriations level="intermediate"><heading>Assistant Secretary for Health</heading> <content class="indent0 firstIndent1 fontsize10">“Assistant Secretary for Health”, $247,000;</content> </appropriations> <appropriations level="intermediate"><heading>Social Security Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on salaries and expenses” (increase of $15,300,000 in the limitation on salaries and expenses paid from trust funds);</content> </appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Office for Civil Rights”, $228,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Office of Consumer A flairs”, $16,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“General departmental management”, $953,000;</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</heading> <appropriations level="intermediate"><heading>(Including Transfer of Funds)</heading> <subheading>Housing Programs</subheading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Housing programs”, $2,188,000, of which $1,771,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Limitation on administrative expenses, Government National Mortgage Association” (increase of $12,000 in the limitation on administrative expenses);</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Community Planning and Development</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses, Community planning and development programs”, $449,000;</content> </appropriations> <appropriations level="intermediate"><heading>Office of Interstate Land Sales Registration</heading> <content class="indent0 firstIndent1 fontsize10">“Interstate land sales”, $23,000;</content> </appropriations> <page identifier="/us/stat/90/651">90 STAT. 651</page> <appropriations level="intermediate"><heading>Policy Development and Research</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses, Policy development and research”, $68,000;</content></appropriations> <appropriations level="intermediate"><heading>Fair Housing and Equal Opportunity</heading> <content class="indent0 firstIndent1 fontsize10">“Fair housing and equal opportunity”, $134,000;</content></appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“General departmental management”, $47,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Office of general counsel”, $55,000, of which $19,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Office of inspector general”, $112,000, of which $36,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Administration and staff services”, $335,000, of which $225,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Regional management and services”, $200,000, of which $21,000 shall be provided by transfer from the various funds of the Federal Housing Administration;</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Management of lands and resources”, $1,012,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Construction and maintenance”, $37,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Bureau of Reclamation</heading> <content class="indent0 firstIndent1 fontsize10">“General administrative expenses”, $200,000, which shall be derived from the reclamation fund;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Outdoor Recreation</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $52,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Land and water conservation fund”: In addition to the amount heretofore made available for administrative expenses of the Bureau of Outdoor Recreation, $52,000 is hereby made available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>United States Fish and Wildlife Service</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Resource management</quotedText>”, $843,000;</content></appropriations> <appropriations level="intermediate"><heading>National Park Service</heading> <content class="indent0 firstIndent1 fontsize10">“Operation of the National Park System”, $3,851,000;</content></appropriations> <appropriations level="intermediate"><heading>Geological Survey</heading> <content class="indent0 firstIndent1 fontsize10">“Surveys, investigations, and research”, $1,749,000;</content></appropriations> <appropriations level="intermediate"><heading>Mining Enforcement and Safety Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $729,000;</content></appropriations> <page identifier="/us/stat/90/652">90 STAT. 652</page> <appropriations level="intermediate"><heading>Bureau of Mines</heading> <content class="indent0 firstIndent1 fontsize10">“Mines and minerals”, $505,000;</content></appropriations> <appropriations level="intermediate"><heading>Alaska Power Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations and maintenance”, $50,000;</content></appropriations> <appropriations level="intermediate"><heading>Southwestern Power Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Operations and maintenance”, $24,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Indian Affairs</heading> <content class="indent0 firstIndent1 fontsize10">“Operation of Indian Programs”, $3,040,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Territorial Affairs</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Administration of territories”, $4,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Trust Territory of the Pacific Islands”, $38,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Office of the Solicitor</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $117,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $173,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Departmental operations”, $90,000;</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF JUSTICE</heading> <appropriations level="intermediate"><heading>General Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $204,000;</content></appropriations> <appropriations level="intermediate"><heading>Legal Activities</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, general legal activities”, $583,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Antitrust Division”, $214,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, United States attorneys and marshals”, $1,298,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Community Relations Service”, $35,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Bureau of Investigation</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $4,741,000;</content></appropriations> <appropriations level="intermediate"><heading>Immigration and Naturalization Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,990,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Prison System</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses, Bureau of Prisons”, $1,928,000;</content></appropriations> <page identifier="/us/stat/90/653">90 STAT. 653</page> <appropriations level="intermediate"><heading>Drug Enforcement Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,230,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"><heading>Manpower Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Program administration”, $543,000, together with not to exceed $280,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $62,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001–2003;</content></appropriations> <appropriations level="intermediate"><heading>Labor-Management Services Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $340,000;</content></appropriations> <appropriations level="intermediate"><heading>Employment Standards Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $740,000;</content></appropriations> <appropriations level="intermediate"><heading>Occupational Safety and Health Administration</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Salaries and expenses</quotedText>”, $400,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Labor Statistics</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $380,000, of which $46,000 shall be available, in addition to the amount heretofore made available, for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements;</content></appropriations> <appropriations level="intermediate"><heading>Departmental Management</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, including $12,000 for the President’s Committee on Employment of the Handicapped, $150,000, together with $6,000, to be derived from the Employment Security Administration account, Unemployment Trust Fund;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF STATE</heading> <appropriations level="intermediate"><heading>Administration on Foreign Affairs</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $2,500,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Acquisition, operation, and maintenance of buildings abroad”, $36,000, to remain available until expended;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>International Organizations and Conferences</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Missions to international organizations</quotedText>”, $50,000;</content></appropriations> <appropriations level="intermediate"><heading>International Commissions</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">International Boundary and Water Commission, United States and Mexico: “<quotedText>Salaries and expenses</quotedText>”, $69,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“American sections, international commissions”, $14,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“International fisheries commission”, $17,000;</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/90/654">90 STAT. 654</page> <appropriations level="intermediate"><heading>Educational Exchange</heading> <content class="indent0 firstIndent1 fontsize10">“Mutual educational and cultural exchange activities”, $97,000;</content></appropriations> <appropriations level="intermediate"><heading>Other</heading> <content class="indent0 firstIndent1 fontsize10">“Migration and refugee assistance”, $8,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"><heading>Coast Guard</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operating expenses”, $6,675,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Reserve training”, $400,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Aviation Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operations”, $14,600,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operation and maintenance, National Capital Airports”, $240,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Highway Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Limitation on general operating expenses” (increase of $1,075,000 in the limitation on general operating expenses);</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Motor carrier safety”; $59,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>National Highway Traffic Safety Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Traffic and highway safety”, $50,000, of which $20,000 shall be derived from the Highway Trust Fund;</content></appropriations> <appropriations level="intermediate"><heading>Federal Railroad Administration</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Office of the Administrator, salaries and expenses”, $56,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Railroad Safety”, $50,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Saint Lawrence Seaway Development Corporation</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on administrative expenses, Saint Lawrence Seaway Development Corporation” (increase of $8,000 in the limitation on administrative expenses);</content></appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF THE TREASURY</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $244,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Revenue Sharing</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $29,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Government Financial Operations</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $406,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Alcohol, Tobacco, and Firearms</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $991,000;</content></appropriations> <page identifier="/us/stat/90/655">90 STAT. 655</page> <appropriations level="intermediate"><heading>United States Customs Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $3,388,000;</content></appropriations> <appropriations level="intermediate"><heading>Bureau of the Public Debt</heading> <content class="indent0 firstIndent1 fontsize10">“Administering the public debt”, $390,000;</content></appropriations> <appropriations level="intermediate"><heading>Internal Revenue Service</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $460,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Accounts, collection anti taxpayer service”, $6,815,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Compliance”, $8,340,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>United States Secret Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $800,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $2,283,000, to remain available until expended;</content></appropriations> <appropriations level="major"><heading>GENERAL SERVICES ADMINISTRATION</heading> <chapeau>“Disposal of surplus real and related personal property, operating expenses”, $60,000;</chapeau> <appropriations level="intermediate"><heading>Federal Buildings Fund</heading> <content class="indent0 firstIndent1 fontsize10">“Limitations on availability of revenue”: In addition to the aggregate amount heretofore made available for real property management and related activities in fiscal year 1976, $4,440,000 shall be available for such purposes and the limitation on the amount available for real property operations is increased to $101,200,000 and the limitation on the amount available for program direction and centralized services is increased to $16,615,000.</content></appropriations> <appropriations level="intermediate"><heading>Federal Supply Service</heading> <content class="indent0 firstIndent1 fontsize10">“Operating expenses”, $196,000;</content></appropriations> <appropriations level="intermediate"><heading>National Archives and Records Service</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operating expenses”, $374,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Records declassification”, $15,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Automated Data and Telecommunications Service</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Operating expenses</quotedText>”, $73,000;</content></appropriations> <appropriations level="intermediate"><heading>Office of Preparedness</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $170,000;</content></appropriations> <page identifier="/us/stat/90/656">90 STAT. 656</page> <appropriations level="intermediate"><heading>General Management and Agency Operations</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $114,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Indian trust accounting”, $25,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Administrative and Staff Support Services</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $473,000;</content></appropriations> </appropriations> <appropriations level="major"><heading>NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</heading> <content class="indent0 firstIndent1 fontsize10">“Research and program management”, $7,117,000;</content></appropriations> <appropriations level="major"><heading>VETERANS ADMINISTRATION</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Medical care”, $34,422,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Medical and prosthetic research”, $813,000, to remain available until expended;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“General operating expenses”, $4,266,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="major"><heading>OTHER INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>Action</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Operating expenses, international programs (Peace Corps)”, $190,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Operating expenses, domestic programs”, $152,000;</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Arms Control and Disarmament Agency</heading> <content class="indent0 firstIndent1 fontsize10">“<quotedText>Arms control and disarmament activities</quotedText>”, $80,000;</content></appropriations> <appropriations level="intermediate"><heading>Civil Aeronautics Board</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $190,000;</content></appropriations> <appropriations level="intermediate"><heading>Civil Service Commission</heading> <appropriations level="small"><heading>(including transfer of funds)</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $930,000, together with an additional amount of $200,000 for the period July 1, 1976, through September 30, 1976, administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Commission in amounts determined by the Commission without regard to other statutes;</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Labor Relations Council</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $13,000;</content></appropriations> <appropriations level="intermediate"><heading>Commission of Fine Arts</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $2,000;</content></appropriations> <appropriations level="intermediate"><heading>Commission on Civil Rights</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $68,000;</content></appropriations> <page identifier="/us/stat/90/657">90 STAT. 657</page> <appropriations level="intermediate"><heading>Commodity Futures Trading Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Commodity Futures Trading Commission”, $104,000;</content></appropriations> <appropriations level="intermediate"><heading>Equal Employment Opportunity Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $400,000;</content></appropriations> <appropriations level="intermediate"><heading>Farm Credit Administration</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on administrative expenses” (increase of $64,000 in the limitation on administrative expenses);</content></appropriations> <appropriations level="intermediate"><heading>Federal Communications Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $310,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Home Loan Bank Board</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Limitation on administrative and nonadministrative expenses, Federal Home Loan Bank Board” (increase of $183,000 in the limitation on nonadministrative expenses);</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Limitation on administrative expenses, Federal Savings and Loan Insurance Corporation” (increase of $6,000 in the limitation on administrative expenses);</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Maritime Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $75,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Mediation and Conciliation Service</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $150,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Power Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $330,000;</content></appropriations> <appropriations level="intermediate"><heading>Federal Trade Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $421,000;</content></appropriations> <appropriations level="intermediate"><heading>Indian Claims Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $14,000;</content></appropriations> <appropriations level="intermediate"><heading>Advisory Commission on Intergovernmental Relations</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $6,000;</content></appropriations> <appropriations level="intermediate"><heading>Appalachian Regional Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $15,000;</content></appropriations> <appropriations level="intermediate"><heading>Delaware River Basin Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”; $1,000;</content></appropriations> <appropriations level="intermediate"><heading>Susquehanna River Basin Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $1,000;</content></appropriations> <page identifier="/us/stat/90/658">90 STAT. 658</page> <appropriations level="intermediate"><heading>Interstate Commerce Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $475,000;</content></appropriations> <appropriations level="intermediate"><heading>National Labor Relations Board</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $652,000;</content></appropriations> <appropriations level="intermediate"><heading>National Science Foundation</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $421,000;</content></appropriations> <appropriations level="intermediate"><heading>Nuclear Regulatory Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $700,000 to remain available until expended;</content></appropriations> <appropriations level="intermediate"><heading>Occupational Safety and Health Review Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $46,000;</content></appropriations> <appropriations level="intermediate"><heading>Railroad Retirement Board</heading> <content class="indent0 firstIndent1 fontsize10">“Limitation on salaries and expenses” (increase in the limitation on salaries and expenses of $280,000, to be derived from the railroad retirement accounts);</content></appropriations> <appropriations level="intermediate"><heading>Renegotiation Board</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $53,000;</content></appropriations> <appropriations level="intermediate"><heading>Securities and Exchange Commission</heading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $502,000;</content></appropriations> <appropriations level="intermediate"><heading>Small Business Administration</heading> <subheading class="smallCaps">(including transfer of funds)</subheading> <content class="indent0 firstIndent1 fontsize10">“Salaries and expenses”, $225,000, and, in addition to the amounts heretofore authorized for transfer from the “Disaster loan fund”, the “Business loan and investment fund”, the “Lease guarantees revolving fund”, and the “Surety Bond guarantees revolving fund”, $835,000 may be transferred to this appropriation;</content></appropriations> <appropriations level="intermediate"><heading>Smithsonian Institution</heading> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses”, $740,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Science information exchange”, $21,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, National Gallery of Art”, $84,000;</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">“Salaries and expenses, Woodrow Wilson International Center for Scholars”, $4,000;</listContent></listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/90/659">90 STAT. 659</page> <appropriations level="major"><heading>ANNEXED BUDGETS</heading> <appropriations level="intermediate"><heading>Export-Import Bank or the United States</heading> <content>“Limitation on administrative expenses” (Increase of $105,000 in the limitation on administrative expenses),</content> </appropriations> </appropriations> <num class="centered" value="IV">TITLE IV</num> <heading class="centered">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Fiscal year limitation.</p></sidenote>remain available for obligation beyond the current fiscal year unless expressly so provided herein, except as provided in section 204 of the Supplemental Appropriation Act, 1975 (P.L. 93–554).<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t88/s1784">88 stat. 1784</ref>.</p></sidenote></content></section> <section class="firstIndent1 fontsize10"><num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>Except where specifically increased or decreased else-where in this Act, the restrictions contained within appropriations, or provisions affecting appropriations or other funds, available during the fiscal year 1976 and the period July 1, 1976, through September 30, 1976, limiting the amounts which may be expended for personal services, or for purposes involving personal services, or amounts which may be transferred between appropriations or authorizations available for or involving such services, are hereby increased to the extent necessary to meet increased pay costs authorized by or pursuant to law.</content></section> <section class="firstIndent1 fontsize10"><num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>No part of any appropriation, funds, or other authority contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote></content> </section> <page identifier="/us/stat/90/660">90 STAT. 660</page> <section class="firstIndent1 fontsize10"><num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <content>None of the funds appropriated by this Act or previous Acts shall be used to further fund the Study of Effect of Marihuana on Human Sexual Response at Southern Illinois University.</content></section> <section class="firstIndent1 fontsize10"><num value="405"><inline class="smallCaps">Sec</inline>. 405. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Repeal.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t89/s473">89 stat. 473</ref>.</p></sidenote> <content class="inline">Section 307 of the Education Division and Related Agencies Appropriation Act, 1976 (Public Law 94–941 is hereby repealed.</content></section> <section class="firstIndent1 fontsize10"><num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <content>None of the funds appropriated by this Act or any other Act shall be paid to the Peoples Bicentennial Commission or used to support such Commission either directly or indirectly.</content></section> Approved June 1, 1976.
LEGISLATIVE HISTORY; HOUSE REPORT No. 94–1027 (Comm. on Appropriations) and No. 94–1133 (Comm. of Conference). SENATE REPORT No. 94–802 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 13, considered and passed House.

May 10–12, considered and passed Senate, amended.

May 18, House agreed to conference report; receded and concurred in certain Senate amendments; receded and concurred in certain Senate amendments with amendments.

May 19, Senate agreed to conference report, concurred in House amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 23:

June 1, Presidential statement.

 Public Law 94–304: To establish a Commission on Security and Cooperation in Europe. Public Law 304 Public Law 94–304 90 Stat. 661 1976-06-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 661 Public Law 94–304 94th Congress
An Act To establish a Commission on Security and Cooperation in Europe.

June 3, 1976

[S. 2679]

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

Commission on Security and Cooperation in Europe.

Establishment.

22 USC 3001.

Functions.

22 USC 3002.

 the Commission on Security and Cooperation in Europe (hereafter in this Act referred to as the “Commission”).
Sec. 2. The Commission is authorized and directed to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act of the Conference on Security and Cooperation in Europe, with particular regard to the provisions relating to Cooperation in Humanitarian Fields. The Commission is further authorized and directed to monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West.
Sec. 3. The Commission shall be composed of fifteen members as

Membership.

22 USC 3003.

 follows: (1) Six Members of the House of Representatives appointed by the Speaker of the House of Representatives. Four members shall be selected from the majority party and two shall be selected, after consultation with the minority leader of the House, from the minority party. The Speaker shall designate one of the House Members as chairman. (2) Six Members of the Senate appointed by the President of the Senate. Four members shall be selected from the majority party and two shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) One member of the Department of State appointed by the President of the United States, (4) One member of the Defense Department appointed by the President of the United States. (5) Ono member of the Commerce Department appointed by the President of the United States.
Sec. 4. In carrying out this Act, the Commission may require, by

Powers.

22 USC 3004.

 subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as it deems necessary. Subpenas may be issued over the signature of the Chairman of the Commission or any member designated by him, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by him, may administer oaths to any witness.
Sec. 5. In order to assist the Commission in carrying out its duties,

Report to Commission.

22 USC 3005.

 the President shall submit to the Commission a semiannual report, the first one to be submitted six months after the date of enactment of this Act, which shall include (1) a detailed survey of actions by the signatories of the Final Act reflecting compliance with or violation of the provisions of the Final Act, and (2) a listing and description of90 STAT. 662 present or planned programs and activities of the appropriate agencies of the executive, branch and private organizations aimed at taking advantage of the provisions of the Final Act to expand East-West economic cooperation and to promote a greater interchange of people and ideas between East and West.
Sec. 6.

Report to Congress.

22 USC 3006.

 The Commission is authorized and directed to report to the House of Representatives and the Senate with respect to the matters covered by this Act on a periodic basis and to provide information to Members of the House and Senate as requested. For each fiscal year for which an appropriation is made the Commission shall submit to Congress a report on its expenditures under such appropriation.
Sec. 7.

Appropriation.

22 USC 3007.

 There is authorized to be appropriated to the Commission for each fiscal year and to remain available until expended $350,000 to assist in meeting the expenses of the Commission for the purpose of carrying out the provisions of this Act, such appropriation to be disbursed on voucher to be approved by the Chairman of the Commission.
Sec. 8.

22 USC 3008.

 The Commission may appoint and fix the pay of such staff personnel as it deems desirable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter

5 USC 5101 et seq., 5331.

 III of chapter 53 of such title relating to classification and general schedule pay rates.
Approved June 3, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1149 (Comm. on International Relations). SENATE REPORT No. 94–756 (Comm. on Foreign Relations). CONGRESSIONAL RECORD. Vol. 122 (1976):

May 5, considered and passed Senate.

May 17, considered and passed House, amended.

May 21, Senate concurred in House amendment.

 Public Law 94–305: To amend the Small Business Act and Small Business Investment Act of 1958 to provide additional assistance under such Acts, to create a pollution control financing program for small business, and for other purposes. Public Law 305 Public Law 94–305 90 Stat. 663 1976-06-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 663 Public Law 94–305 94th Congress
An Act To amend the Small Business Act and Small Business Investment Act of 1958 to provide additional assistance under such Acts, to create a pollution control financing program for small business, and for other purposes.

June 4, 1976

[S. 2498]

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

Small Business Act and Small Business Investment Act of 1958, amendments.

 <num value="I">TITLE I—</num> <heading class="inline">SMALL BUSINESS DEVELOPMENT transfer of disaster relief authority</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">The President shall undertake a comprehensive review<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s636">15 USC 636 note</ref>.</p></sidenote> of all Federal disaster loan authorities and shall make a report to the Congress, not later than December 1, 1976, containing such recommendations and legislative proposals, including possible consolidation of Federal disaster loan authorities, as may be demonstrated to be necessary and appropriate to assure the most effective and efficient delivery of disaster relief. Such study shall give particular emphasis to alleviating any extraordinary burden the management of Federal disaster loan programs may impose on an agency.</content> </section> <section> <heading class="smallCaps centered">pollution control</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Part A of title IV of the Small Business Investment Act of 1958 is amended by adding at the end thereof the following new sections: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">“Sec</inline>. 404. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>For purposes of this section, the term—<sidenote><p class="firstIndent0 fontsize8">Definitions.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s694–1">15 USC 694–1</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>‘pollution control facilities’ means such property (both real and personal) as the Administration in its discretion determines is likely to help prevent, reduce, abate, or control noise, air or water pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, wastes, or heat, and such property (both real and personal) as the Administration determines will be used for the collection, storage, treatment, utilization, processing, or final disposal of solid or liquid waste.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>‘person’ includes corporations, companies, associations, firms, partnerships, societies, joint stock companies, States, territories, and possessions of the United States, or subdivisions of any of the foregoing, and the District of Columbia, as well as individuals.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>‘qualified contract’ means a lease, sublease, loan agreement, installment sales contract, or similar instrument, entered into between a small business concern and any person.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau>The Administration may, whenever it determines that small<sidenote><p class="firstIndent0 fontsize8">Guarantees.</p></sidenote> business concerns are or are likely to be at an operational or financing disadvantage with other business concerns with respect to the planning, design, or installation of pollution control facilities, or the obtaining of financing therefor (including financing by means of revenue bonds issued by States, political subdivisions thereof, or other public bodies), guarantee the payment of rentals or other amounts due under qualified<page identifier="/us/stat/90/664">90 STAT. 664</page> contracts. Any such guarantee may be made or effected either directly or in cooperation with any qualified surety company or other qualified company through a participation agreement with such company. The foregoing powers shall be subject, however, to the following restrictions and limitations:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Notwithstanding any other law, rule, or regulation or fiscal policy to the contrary, the guarantee authorized in the case of pollution control facilities or property may be issued when such property is acquired by the use of proceeds from industrial revenue bonds which provide the holders interest which is exempt from Federal income tax.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Amy such guarantee shall be for the full amount of the payments due under such qualified contract and shall be a full faith and credit obligation of the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>No guarantee shall be issued by the Administration unless the Administration determines that there exists a reasonable expectation that the small business concern in behalf of which the guarantee is issued will perform the covenants and conditions of the qualified, contract.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="firstIndent0 fontsize8">Fees.</p></sidenote> <content>The Administration shall fix a uniform annual fee for any guarantee issued under this section which shall be payable at such time and under such conditions as may be prescribed by the Administrator.<sidenote><p class="firstIndent0 fontsize8">Periodic review.</p></sidenote> The fee shall be set at an amount which the Administration deems reasonable and necessary and shall be subject to periodic review in order that the lowest fee that experience under the program shows to be, justified will be placed into effect. In no case shall such amount exceed 3½ per centum per annum of the minimum annual guaranteed rental payable under any qualified contract guaranteed under this section. The Administration may also fix such uniform fees for the processing of applications for guarantees under this section as the Administrator determines are reasonable and necessary to pay the administrative expenses that are incurred in connection therewith.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <chapeau>In connection with the guarantee of rentals under any qualified contract pursuant to authority conferred by this section, the Administrator may require, in order to minimize the financial risk assumed under such guarantee—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>that the lessee pay an amount, not to exceed one-fourth of the average annual payments for which a guarantee is issued under this section, which shall be held in escrow and shall be available (A) to meet rental charges accruing in any month for which the lessee is in default, or (B) if no default occurs during the term of the qualified contract, for application (with accrued interest) toward final payments of rental charges under the qualified contract;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>that upon occurrence of a default under the qualified contract, the lessor shall, as a condition precedent to enforcing any claim under the qualified contract guarantee, utilize the entire period, for which there are funds available in escrow for payment of rentals, in reasonable diligent efforts to eliminate or minimize losses, by releasing the property covered by the qualified contract to another qualified lessee, and no claim shall be made or paid under the guarantee until such effort has been made and such escrow funds have been exhausted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>that any guarantor of the qualified contract will become a successor of the lessor for the purpose of collecting from a lessee in default rentals which are in arrears and with respect to which the lessor has received payment under a guarantee made pursuant to this section; and</content> </paragraph> <page identifier="/us/stat/90/665">90 STAT. 665</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such other provisions, not inconsistent with the purposes of this section as the Administrator may in his discretion require.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Any guarantee issued under this section may be assigned with the permission of the Administration by the person to whom the payments under qualified contracts are due.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>Section 402 shall apply to the administration of this section. <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s693">15 USC 693</ref>.</p><p class="firstIndent0 fontsize8">Fund.</p><p class="firstIndent0 fontsize8">Establishment.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s694–2">15 USC 694–2</ref>.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 663.</p><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">“Sec</inline>. 405. </num> <content class="inline">There is hereby created within the Treasury a separate fund for guarantees which shall be available to the Administrator without fiscal year limitations as a revolving fund for the purposes of section 404. There are authorized to be appropriated to the fund from time to time such amounts not to exceed $15,000,000 to provide capital for the fund. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with section 404 shall be deposited in the fund. All expenses and payments pursuant to operations of the Administrator under section 404 shall be paid from the fund. From time to time, and at<sidenote><p class="firstIndent0 fontsize8">Interest.</p></sidenote> least at the close of each fiscal year, the Administrator shall pay from the fund into the Treasury as miscellaneous receipts interest at a rate determined by the Secretary of the Treasury on the cumulative amount of appropriations available as capital to the fund, less the average undisbursed cash balance in the fund during the year. The rate of such interest shall be determined by the Secretary of the Treasury, and shall not be less than a rate determined by taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of guarantees from the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under section 404 may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by the United States; except that, moneys provided as capital for the fund shall not be so invested.”.</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Section 403 of the Small Business Investment Act of 1958 (15 U.S.C. 694) is amended by striking out “<quotedText>this part</quotedText>” wherever it appears therein and by inserting in lieu thereof “<quotedText>section 401</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">small business investment company leverage</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 303(b)(1) of the Small Business Investment Act of 1958 is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s683">15 USC 683</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>200</quotedText>” and inserting in lieu thereof “<quotedText>300</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>$15,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$35,000,000</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Section 303(b)(2) of such Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>300</quotedText>” and inserting in lieu thereof “<quotedText>400</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>$20,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$35,000,000</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>Section 303 (c) of such Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>300</quotedText>” in clause (2)(iii) and inserting in lieu thereof “<quotedText>400</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>200</quotedText>” where it appears in clauses (2)(iii) and (4) and inserting in lieu thereof “<quotedText>300</quotedText>”.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/90/666">90 STAT. 666</page> <section> <heading class="smallCaps centered">small business investment company guarantees</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s685">15 USC 685</ref>.</p></sidenote> <content class="inline">The last sentence of section 305(b) of the Small Business Investment Act of 1958 is repealed.</content> </section> <section> <heading class="smallCaps centered">licensing of noncorporate small business investment companies</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 103 of the Small Business Investment Act of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s662">15 USC 662</ref>.</p></sidenote> 1958 is amended by striking out “<quotedText>and</quotedText>” at the end of clause (6) and inserting in lieu thereof a semicolon, by striking out the period at the end of clause (7) <quotedText>and</quotedText> inserting in lieu thereof a semicolon <quotedText>and</quotedText> “<quotedText>and</quotedText>”, and by adding at the end the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num><sidenote><p class="firstIndent0 fontsize8">“Articles.”</p></sidenote> <content>the term ‘articles’ means articles of incorporation for an incorporated body and means the functional equivalent or other similar documents specified by the Administrator for other business entities.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s681">15 USC 681</ref>.</p></sidenote> <chapeau>Section 301(a) of such Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking the comma and inserting “<quotedText>or a limited partnership</quotedText>” after “<quotedText>incorporated body</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>or otherwise existing</quotedText>” after “<quotedText>chartered</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting “<quotedText>or partners</quotedText>” after “<quotedText>shareholders</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking the words “<quotedText>of incorporation</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 301(b) of such Act is amended by striking the words “<quotedText>of incorporation</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 301(c) of such Act is amended by striking the words “<quotedText>of incorporation</quotedText>” wherever they appear therein.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s682">15 USC 682</ref>.</p></sidenote> <content>Section 302(a) of such Act is amended by striking the words “<quotedText>of incorporation</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s687d">15 USC 687d</ref>.</p></sidenote> <chapeau>Section 312 of such Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>or partners</quotedText>” after “<quotedText>shareholders</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>or shareholders</quotedText>” wherever it appears therein and by inserting “<quotedText>shareholder, or partner</quotedText>”.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">repeal of 50 percent limitation on bank investment</heading> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">Section 302(b) of the Small Business Investment Act of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s682">15 USC 682</ref>.</p></sidenote> 1958 is amended by striking out all that follows “<quotedText>upon the making of that acquisition</quotedText>”, and inserting in lieu thereof the following: “<quotedText>the aggregate amount of shares in small business investment companies then held by the bank would exceed 5 percent of its capital surplus.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">loans for plant acquisition</heading> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 502 of the Small Business Investment Act of<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s696">15 USC 696</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s636">15 USC 636</ref>.</p></sidenote> 1958 is amended by inserting “<quotedText> acquisition,</quotedText>” after “<quotedText>plant</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 7(a)(4)(C) of the Small Business Act is amended to read as follows: “<quotedText>(C) no such loans including renewals and extensions thereof may be made for a period or periods exceeding ten years, except that such portion of a loan made for the purpose of acquiring real property or constructing facilities may have a maturity of twenty years plus such additional period as is estimated may be required to complete such construction.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">economic opportunity loan limit</heading> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s636">15 USC 636</ref>.</p></sidenote> <content class="inline">Section 7(i) of the Small Business Act is amended by striking from paragraphs (1) and (3) thereof the figure “<quotedText>$50,000</quotedText>” and inserting in lieu thereof the figure “<quotedText>$100,000</quotedText>”.</content> </section> <page identifier="/us/stat/90/667">90 STAT. 667</page> <section> <heading class="smallCaps centered">development company loan limit</heading> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <content class="inline">Section 502(3) of the Small Business Investment Act of 1058 is amended by striking out “<quotedText>$350,000</quotedText>” and inserting in lieu thereof<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s696">15 USC 696</ref></p></sidenote> “<quotedText>$500,000</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">regular business loan limit</heading> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <content class="inline">Section 7(a)(4)(A) of the Small Business Act is amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s636">15 USC 636</ref>.</p></sidenote> by striking out “<quotedText>$350,000</quotedText>” and by inserting in lieu thereof “<quotedText>$500,000: <proviso><i>Provided</i>, That, no such loan made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000</proviso></quotedText>”.</content> </section> <section> <heading class="smallCaps centered">farming and agriculture related industries</heading> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 2 of the Small Business Act (15 U.S.C. 631) is amended by redesignating subsections (b) and (c) as (c) and (d), respectively, and by inserting immediately after subsection (a) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>If is the declared policy of the Congress that the Government, through the Small Business Administration, should aid and assist small business concerns which are engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and the financial assistance programs authorized by this Act are also to be used to assist such concerns.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The first sentence of section 3 of the Small Business Act (15 U.S.C. 632) is amended by inserting after “<quotedText>concern</quotedText>” the following: “<quotedText>, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)) is amended by inserting “<quotedText>from non-Federal sources</quotedText>” immediately before the period at the end thereof.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 7(b)(4) of the Small Business Act (15 U.S.C. 636(b)(4)) is amended by striking out the proviso.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Section 18 of the Small Business Act (15 U.S.C, 647) is amended by inserting after “<quotedText>Federal Government</quotedText>” the following: “<quotedText>, except to those enterprises engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other fanning and agricultural related industries,</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">increase authorized capital of surety bond guarantees</heading> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content class="inline">Section 412 of the Small Business Investment Act of 1958<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s694c">15 USC 694c</ref>.</p></sidenote> is amended by striking out “<quotedText>$35,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$56,500,000</quotedText>”’.</content> </section> <section> <heading class="smallCaps centered">interest rate</heading> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <content class="inline">Section 7 (b) of the Small Business Act (15 U.S.C. 636(b)) is amended by striking from the first paragraph following paragraph (8) of such section 7(b) the following: “<quotedText>Notwithstanding the provisions of any other law, and except as otherwise provided in this subsection, the interest, rate on the Administration’s share of any loan<page identifier="/us/stat/90/668">90 STAT. 668</page> made under this subsection shall not exceed 3 per centum per annum, except that in the case of a loan made pursuant to paragraph (3), (5), (6), (7), or (8), the rate of interest on the Administration’s share or such loan shall not be more than the higher of (A) 2¾ per centum per annum; or (B) the average annual interest rate on all interest-tearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum plus one-quarter of 1 per centum per annum.</quotedText>”, and inserting in lieu thereof the following: “<quotedText>Notwithstanding the provisions of any other law, the interest rate on the Administration’s share of any loan made under subsection (b) shall not exceed the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum plus one-quarter of 1 per centum: <proviso><i>Provided, however</i>, That the interest rate for loans made under paragraphs (1) and (2) hereof shall not exceed the rate of interest which is in effect at the time of the occurrence of the disaster.</proviso></quotedText>”.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">STUDY OF SMALL BUSINESS</heading> <section> <heading class="smallCaps centered">establishment</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent0 fontsize8">Office of Advocacy.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s634a">15 USC 634a</ref>.</p></sidenote> <content class="inline">There is established within the Small Business Administration an Office of Advocacy. The management of the Office shall be vested in a Chief Counsel for Advocacy who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.</content> </section> <section> <heading class="smallCaps centered">study</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s634b">15 USC 634b</ref>.</p></sidenote> <chapeau class="inline">The primary functions of the Office of Advocacy shall be to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>examine the role of small business in the American economy and the contribution which small business can make in improving competition, encouraging economic and social mobility for all citizens, restraining inflation, spurring production, expanding employment opportunities, increasing productivity, promoting exports, stimulating innovation and entrepreneur ship, and providing an avenue through which new and untested products and services can be brought to the marketplace;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>assess the effectiveness of existing Federal subsidy and assistance programs for small business and the desirability of reducing the emphasis on such existing programs and increasing the emphasis on general assistance programs designed to benefit all small businesses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>measure the direct costs and other effects of government regulation on small businesses; and make legislative and non-legislative proposals for eliminating excessive or unnecessary regulations of small businesses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>determine the impact of the tax structure on small businesses and make legislative and other proposals for altering the tax structure to enable all small businesses to realize their potential for contributing to the improvement of the Nation’s economic well-being;</content> </paragraph> <page identifier="/us/stat/90/669">90 STAT. 669</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>study the ability of financial markets and institutions to meet small business credit needs and determine the impact of government demands for credit on small businesses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>determine financial resource availability and to recommend methods for delivery of financial assistance to minority enterprises, including methods for securing equity capital, for generating markets for goods and services, for providing effective business education, more effective management and technical assistance, and training, and for assistance in complying with Federal, State, and local law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>evaluate the efforts of Federal agencies, business and industry to assist minority enterprises;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>make such other recommendations as may be appropriate to assist the development and strengthening of minority and other small business enterprises;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>recommend specific measures for creating an environment in which all businesses will have the opportunity to complete effectively and expand to their full potential, and to ascertain the common reasons, if any, for small business successes and failures; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>determine the desirability of developing a set of rational, objective criteria to be used to define small business, and to develop such criteria, if appropriate.</content> </paragraph> </section> <section> <heading class="smallCaps centered">duties</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">The Office of Advocacy shall also perform the following<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s634c">15 USC 634c</ref>.</p></sidenote> duties on a continuing basis:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the Administration and any other Federal agency which affects small businesses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>counsel small businesses on how to resolve questions and problems concerning the relationship of the small business to the Federal Government;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>develop proposals for changes in the policies and activities of any agency of the Federal Government, which will better fulfill the purposes of the Small Business Act and communicate such proposals to the appropriate Federal agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>represent the views and interests of small businesses before other Federal agencies whose policies and activities may affect small business; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government, which are of benefit to small businesses, and information on how small businesses can participate in or make use of such programs and services.</content> </paragraph> </section> <section> <heading class="smallCaps centered">staff and powers</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <chapeau class="inline">In carrying out the provisions of section 202, after consultation<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s6343">15 USC 6343</ref>.</p></sidenote> with and subject to the approval of the Administrator, the Chief Counsel for Advocacy may—</chapeau> <page identifier="/us/stat/90/670">90 STAT. 670</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>employ and fix the compensation of such additional staff personnel as is deemed necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51, and subchapter<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t5/s5101/5331">5 USC 5101 <i>et seq</i>., 5331</ref>.</p></sidenote> III of chapter 53 of such title relating to classification and General Schedule pay rates but at rates not in excess of the lowest rate for GS–15 of the General Schedule;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>consult with experts and authorities in the fields of small business investment, venture capital, investment and commercial banking and other comparable financial institutions involved in the financing of business, and with individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>utilize the services of the National Advisory Council established pursuant to the provisions of section 8(b)(13) of the Small<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s637">15 USC 637</ref>.</p></sidenote> Business Act and in accordance with the provisions of such statute, also appoint such other advisory boards or committees as is reasonably appropriate and necessary to carry out the provisions of this title; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>hold hearings and sit and act at such times and places as he may deem advisable.</content> </paragraph> </section> <section> <heading class="smallCaps centered">assistance of government agencies</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s634e">15 USC 634e</ref>.</p></sidenote> <content class="inline">Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Chief Counsel for Advocacy such reports and other information as he deems necessary to carry out his functions under this title.</content> </section> <section> <heading class="smallCaps centered">reports</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><sidenote><p class="firstIndent0 fontsize8">Publication.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s634f">15 USC 634f</ref>.</p></sidenote> <content class="inline">The Chief Counsel may from time to time prepare and publish such reports as he deems appropriate. Not later than one year after the date of enactment of this title, he shall transmit to the Congress, the President and the Administration, a full report containing his findings and specific recommendations with respect to each of the functions referred to in section 202, including specific legislative proposals and recommendations for administration or other action. Not later than 6 months after the date of enactment of this title, he shall<sidenote><p class="firstIndent0 fontsize8">Prohibition.</p></sidenote> prepare and transmit a preliminary report on his activities. The reports shall not be submitted to the Office of Management and Budget or to any other Federal agency or executive department for any purpose prior to transmittal to the Congress and the President.</content> </section> <page identifier="/us/stat/90/671">90 STAT. 671</page> <section> <heading class="smallCaps centered">authorization</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">There are authorized to be appropriated not to exceed<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s634g">15 USC 634g</ref>.</p></sidenote> $1,000,000 to carry out the provisions of this title. Any sums so appropriated shall remain available until expended.</content> </section> <section> <heading class="smallCaps centered">technical amendment</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <content class="inline">Section 5 (e) of the Small Business Act is hereby repealed. <sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s634">15 USC 634</ref>.</p></sidenote></content> </section> Approved June 4, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–519 accompanying H.R. 9056 (Comm. on Small Business) and No. 94–1115 (Comm. of Conference). SENATE REPORTS: No. 94–420 (Comm. on Banking, Housing and Urban Affairs) and No. 94–501 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 6, H.R. 9056 considered and passed House.

Dec. 12, considered and passed Senate.

Dec. 17, considered and passed House, amended, in lieu of H.R. 9056.

Vol. 122 (1976); May 13, House agreed to conference report.

May 20, Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 23 (1976): June 4. Presidential statement.

 Public Law 94–306: To provide for an amendment to the Washington Metropolitan Area Transit Regulation Compact to provide for the protection of the patrons, personnel, and property of the Washington Metropolitan Area Transit Authority. Public Law 306 Public Law 94–306 90 Stat. 672 1976-06-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 672 Public Law 94–306 94th Congress
An Act To provide for an amendment to the Washington Metropolitan Area Transit Regulation Compact to provide for the protection of the patrons, personnel, and property of the Washington Metropolitan Area Transit Authority.

June 4, 1976

[H.R. 8719]

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

D.C. Washington Metropolitan Area Transit Regulation Compact, amendments.

D.C. Code 1–1431c.
That the Congress hereby consents to, and adopts and enacts for the District of Columbia, amendments to articles I and XVI of title III of the Washington Metropolitan Area Transit Regulation Compact (D.C. Code, sec. 1–1431 note) as follows, which amendments have been adopted substantially by the Commonwealth of Virginia and the State of Maryland: (1) Section 1(g) of article I is amended by striking “and” at the end thereof. (2)

“Transit Zone”, or “Zone.”

 Section 1(h) of article I is amended to read as follows: “(h) ‘Transit Zone’ or ‘Zone’ means the Washington Metropolitan Area Transit Zone created by and described in section 3, as well as any additional area that may be added pursuant to section 83(a); and”. (3)

“WMATC.”

 Section 1 of article I is amended by adding at the end thereof the following: “(i) ‘WMATC’ means Washington Metropolitan Area Transit Commission.”. (4)

Metro Transit Police.

Establishment.

 Section 76 of article XVI is amended to read as follows:
“76. (a) The Authority is authorized to establish and maintain a regular police force, to be known as the Metro Transit Police, to provide protection for its patrons, personnel, and transit facilities. The Metro Transit Police shall have the powers and duties and shall be subject to the limitations set forth in this section. It shall be composed of both uniformed and plainclothes personnel and shall be charged with the duty of enforcing the laws of (he signatories, the laws, ordinances, and regulations of the political subdivisions thereof in the

Jurisdiction.

 Transit Zone, and the rules and regulations of the Authority. The jurisdiction of the Metro Transit Police shall be limited to all the transit facilities owned, controlled, or operated by the Authority, but this shall not limit the power of the Metro Transit Police to make arrests in the Transit Zone for violations committed upon, to, or against such transit facilities committed from within or outside such transit facilities while in hot or close pursuit, or to execute traffic citations and criminal process in accordance with subsection (c). The members of the Metro Transit Police shall have concurrent jurisdiction in the performance of their duties with the duly constituted law enforcement agencies of the signatories and of the political subdivisions thereof in which any transit facility of the Authority is located or in which the Authority operates any transit service. Nothing contained in this section shall either relieve any signatory or political subdivision or agency thereof from its duty to provide police, fire, and other public safety service and protection, or limit, restrict, or interfere with the jurisdiction of or the performance of duties by the existing police, fire, and other public safety agencies. 90 STAT. 673 “(b) Except as otherwise provided in this section, a member of the Metro Transit Police shall have the same powers, including the power of arrest, and shall be subject to the same limitations, including regulatory limitations, in the performance of his duties as a member of the duly constituted police force of the political subdivision in which tile Metro Transit Police member is engaged in the performance of his duties. However, a member of the Metro Transit Police is authorized to carry and use only such weapons, including handguns, as are issued by the Authority, and only in the performance of his duties or while on the transit facilities owned, controlled, or operated by the Authority in direct transit to and from a duty assignment. A member of the Metro Transit Police is authorized to carry such weapons only while in direct transit to and from a duty assignment and is subject to such additional limitations in the use of weapons as are imposed on the duly constituted police force for the political subdivision in which he is engaged in the performance of his duties. “(c) Member’s of the Metro Transit Police shall have power to

Traffic citation or criminal process.

 execute on the transit facilities owned, controlled, or operated by the Authority any traffic citation or any criminal process issued by any court of any signatory or of any political subdivision of a signatory, for any felony, misdemeanor, or other offense against the laws, ordinances, rules, or regulations specified in subsection (a). However, with respect to offenses committed upon, to, or against the transit facilities owned, controlled, or operated by the Authority, the Metro Transit Police shall have power, except in the State of Maryland, to execute criminal process within the Transit Zone. “(d) Upon the apprehension or arrest of any person by a member

Summons.

 of the Metro Transit Police pursuant to the provisions of subsection (b), the officer, as required by the law of the place of apprehension or arrest, shall either issue a summons or a citation against the person, book the person, or deliver the person to the duly constituted police or judicial officer of the signatory or political subdivision where the apprehension or arrest is made, for disposition as required by law. “(e) The Authority shall have the power to adopt rules and regulations

Rules and regulations.

 for the safe, convenient, and orderly use of the transit facilities owned, controlled, or operated by the Authority, including the payment and the manner of the payment of fares or charges therefor, the protection of the transit facilities, the control of traffic and parking upon the transit facilities, and the safety and protection of the riding public. In the event that any such rules and regulations contravene the laws, ordinances, rules, or regulations of a signatory or any political subdivision thereof which are existing or subsequently enacted, these laws, ordinances, rules, or regulations of the signatory or the political subdivision shall apply and the conflicting rule or regulation, or portion thereof, of the Authority shall be void within the jurisdiction of that signatory or political subdivision. In all other respects the rules and regulations of the Authority shall be uniform throughout the Transit Zone. The rules and regulations established

Notice and hearing.

 under this subsection shall be adopted and published in accordance with all standards of due process, including, but not limited to, the publishing or otherwise circulating of a notice of the intended action of the Authority and the affording to interested persons the opportunity to submit data or views orally or in writing, and the holding of a public hearing. Any person violating any rule or regulation of the

Violation, penalty.

 Authority shall, upon conviction by a court of competent jurisdiction, pay a fine of not more than $250 and costs. 90 STAT. 674 “(f) With, respect to members of the Metro Transit Police, the Authority shall— “(1) establish classifications based on the nature and scope of duties, and fix and provide for their qualifications, appointment, removal, tenure, term, compensation, pension, and retirement benefits; “(2) provide for their training and for this purpose, the Authority may enter into contracts or agreements with any public or private organization engaged in police training, and this training and the qualifications of the uniformed and plainclothes personnel shall at least equal the requirements of each signatory and of the political subdivisions therein in the Transit Zone for their personnel performing comparable duties; and “(3) prescribe distinctive uniforms to be worn. “(g)

Agreements.

 The Authority shall have the power to enter into agreements with the signatories, the political subdivisions thereof in the Transit Zone, and public safety agencies located therein, including those of the Federal Government, for the delineation of the functions and responsibilities of the Metro Transit Police and the duly constituted police, fire, and other public safety agencies, and for mutual assistance. “(h)

Oaths.

 Before entering upon the duties of office, each member of the Metro Transit Police shall take or subscribe to an oath or affirmation, before a person authorized to administer oaths, faithfully to perform the duties of that office.”.
Sec. 2.

D.C. Code 1–1431c.

 The Mayor of the District of Columbia is authorized and directed to enter into and execute on behalf of the District of Columbia amendments, substantially as set forth hi the first section of this Act, to title III of the Washington Metropolitan Area Transit Regulation Compact with the State of Maryland and the Commonwealth of Virginia, which amendments shall become effective immediately upon execution of same.
Sec. 3. (a) Subchapter II of chapter 9 of title 11 of the District of Columbia Code is amended by adding at the end thereof the following new section:
“§ 11–924.

D.C. Code 11–924.

 Jurisdiction with respect to violations of the Rules and Regulations of the Washington Metropolitan Area Transit Authority “The Superior Court lies jurisdiction with respect to any violation, committed in the District of Columbia, of the rules and regulations adopted by the Washington Metropolitan Area Transit Authority under action 76(e) of title III of the Washington Metropolitan Area

Ante, p. 672.

 Transit Regulation Compact.”.
(b) The chapter analysis for such chapter 9 is amended by inserting immediately after the item relating to section 11–923 the following new item: “11–924.
90 STAT. 675
Sec. 4. The Council of the District of Columbia shall have authority

D.C. Code 1–1431–1.

 to enact any act adopting on behalf of the District of Columbia amendments to the Washington Metropolitan Area Transit Regulation Compact, but in no case shall any such amendment become effective until after it has been approved by Congress.
Sec. 5. The right of Congress to alter, amend, or repeal this Act

D.C. Code 1–1431c note.

 is hereby expressly reserved.
Approved June 4, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–379 (Comm. on the District of Columbia). SENATE REPORT No. 94–832 (Comm. on the District of Columbia). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 28, considered and passed House.

Vol. 122 (1976): May 18, considered and passed Senate, amended.

May 24, House concurred in Senate amendment.

 Public Law 94–307: To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes. Public Law 307 Public Law 94–307 90 Stat. 677 1976-06-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 677 Public Law 94–307 94th Congress
An Act To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

June 4, 1976

[H.R. 12453]

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

National Aeronautics and Space Administration Authorization Art, 1977.

Research and development.

 authorized to be appropriated to the National Aeronautics and Space Administration: (a) For “Research and development,” for the following programs: (1) Space Shuttle, $1,288,100,000; (2) Space flight operations, $202,700,000; (3) Expendable launch vehicles, $151,400,000; (4) Physics and astronomy, $166,300,000; (5) Lunar and planetary exploration, $192,100,000; (6) Life sciences, $22,125,000; (7) Space applications, $198,000,000; (8) Earth resources operational systems, $200,000; (9) Aeronautical research and technology, $191,100,000; (10) Space research and technology, $86,300,000; (11) Tracking and data acquisition, $255,000,000; (12) Technology utilization, $8,100,000. (b) For “Construction of facilities,” including land acquisition, as

Construction of facilities.

 follows: (1) Modification for high enthalpy entry facility, Ames Research Center, $1,220,000; (2) Modification of flight simulator for advanced aircraft, Ames Research Center, $1,730,000; (3) Construction of supply support facility, Ames Research Center, $1,540,000; (4) Construction of addition to flight control facility, Hugh L. Dryden Flight Research Center, $750,000; (5) Construction of addition to lunar sample curatorial facility, Lyndon B. Johnson Space Center, $2,200,000; (6) Construction of airlock to spin test facility, John F. Kennedy Space Center, $360,000; (7) Modifications for utility control system, John F. Kennedy Space Center, $2,445,000; (8) Construction of addition for aeroelastic model laboratory, Langley Research Center, $730,000; (9) Construction of data reduction center annex, Langley Research Center, $2,970,000; (10) Construction of refuse-fired steam generating facility, Langley Research Center, $2,485,000; (11) Modification of refrigeration system, electric propulsion laboratory, Lewis Research Center, $680,000; (12) Rehabilitation of combustion air drying system, engine research building, Lewis Research Center, $1,490,000; (13) Large aeronautical facility: construction of national transonic facility, Langley Research Center, $25,000,000; 90 STAT. 678 (14) Space Shuttle facilities at various locations as follows: (A) Construction of Orbiter processing facility, John F. Kennedy Space Center, $3,750,000; (B) Modifications to launch complex 39, John F. Kennedy Space Center, $18,855,000; (C) Modification for solid rocket booster processing facilities, John F. Kennedy Space Center, $8,700,000; (D) Construction of Shuttle/Carrier aircraft mating facility, John F. Kennedy Space Center, $1,700,000; (E) Rehabilitation and modification of Shuttle facilities, at various locations, $1,760,000; (F) Modification of manufacturing and final assembly facilities for external tanks, Michoud Assembly Facility, $1,930,000; (15) Space Shuttle payload facilities at various locations as follows: (A) Modifications to operations and checkout building for Spacelab, John F. Kennedy Space Center, $3,570,000; (B) Modifications and addition for Shuttle payload development, Goddard Space Flight Center, $770,000; (16) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $17,875,000; (17) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $5,125,000; (18) Facility planning and design not otherwise provided for, $12,655,000, (c)

Research and program management.

 For “Research and program management,” $813,455,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d)

Program specifications.

 Notwithstanding the provisions of subsection 1(g), appropriations for “Research and development” may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to non-profit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom

Notice to Speaker of the House, President of the Senate and congressional committees.

 benefit adequate to justify the making of that grant. None of the funds appropriated for “Research and development” pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for “Research and development” or for “Construction90 STAT. 679 of facilities” may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the “Research and program management” appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used,

Scientific consultations or extraordinary expenses.

 but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) Of the funds appropriated pursuant to subsections 1(a) and

Limitations.

 1(c), not in excess of $25,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and not in excess of $50,000 for each project, including collateral equipment, may be used for rehabilitation or modification of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs.
Sec. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (17), inclusive, of subsection 1(b)— (1) in the discretion of the Administrator or his designee, may

Cost variations.

 be varied upward 10 per centum, or (2) following a report by the Administrator or his designee to

Report to congressional committees.

 the Committee on Science and Technology of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate on the circumstances of such action, may be varied Upward 25 per centum, to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs.
Sec. 3. Not to exceed one-half of 1 per centum of the funds appropriated

Unforseen program changes, transfer of research funds to construction.

 pursuant to subsection 1(a) hereof may be transferred to the “Construction of facilities” appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (18) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may

Report to Speaker of the House, President of the Senate and congressional committees.

 be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House, of Representatives and to the President of the Senate and to the Committee on Science and Technology of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof90 STAT. 680 including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
Sec. 4.

Use of funds, restriction.

 Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Technology or the Senate Committee on Aeronautical and Space Sciences, (2) no amounts appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee,

Notice to the Sneaker of the House, President of the Senate and congressional committees.

unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
Sec. 5.

Research funds, geographical distribution.

42 USC 2459 note.

 It is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible.
Sec. 6.

Satellite services, contract authorization.

42 USC 2463.

The National Aeronautics and Space Administration is authorized, when so provided in an appropriation Act, to enter into a contract for tracking and data relay satellite services. Such services shall be furnished to the National Aeronautics and Space Administration in accordance with applicable authorization and appropriations Acts. The Government shall incur no costs under such contract prior to the furnishing of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue in the event the Government should decide for its convenience to terminate the contract before the end of the period of the contract. Facilities which may be required in the performance of the contract may be constructed on Government-owned lands if there is included in the contract a provision under which the Government may acquire a title to the facilities, under terms and conditions agreed upon in the contract, upon termination of the contract.

Report to congressional committees.

The Administrator shall in January of each year report to the Committee on Science and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Aeronautical and Space Sciences and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the. Government under termination provisions of any contract authorized in this section through the next fiscal year. The authority of the National Aeronautics and Space Administration to enter into and to maintain the contract authorized hereunder shall remain in effect as long as provision therefor is included in Acts authorizing appropriations to the National Aeronautics and Space Administration for subsequent fiscal years.
90 STAT. 681
Sec. 7. Paragraph (15) of section 5316, title 5, United States Code, is amended by striking out “(6)” and inserting in lieu thereof “(7)”.
Sec. 8. Section 6 of the National Aeronautics and Space Administration Authorization Act, 1968 (81 Stat. 170), is amended by striking

42 USC 2477.

 out the words “the rate of $100” and inserting in lieu thereof the words “a rate not to exceed the per diem rate equivalent to the rate for GS–18”.

5 USC 5332 note.

Short title.
Sec. 9. This Act may be cited as the “National Aeronautics and Space Administration Authorization Act, 1977”.
Approved June 4, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–897 (Comm. on Science end Technology) and No. 94–1176 (Comm. of Conference). SENATE REPORTS: No. 94–718 (Comm. on Aeronautics and Space Sciences) and No. 94–901 (Comm. of Conference). CONGRESSIONAL RECORD. Vol. 122 (1976):

Mar. 22, considered and passed House.

Apr. 1, considered and passed Senate, amended.

May 17, Senate agreed to conference report.

May 21, House agreed to conference report.

 Public Law 94–308: To extend as an emergency measure for one year the District of Columbia Medical and Dental Manpower Act of 1970. Public Law 308 Public Law 94–308 90 Stat. 682 1976-06-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 682 Public Law 94–308 94th Congress
An Act To extend as an emergency measure for one year the District of Columbia Medical and Dental Manpower Act of 1970.

June 4, 1976

[H.R. 12132]

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

Appropriation authorization.
That section 303(c) of the District of Columbia Medical and Dental Manpower Act of 1970 (D.C. Code. sec. 31–922(c)) is amended by striking out “years ending June 30, 1975, and June 30, 1976,” and inserting in lieu thereof “year ending September 30, 1977,”.
Approved June 4, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–899 (Comm. on the District of Columbia). SENATE REPORT No. 94–831 (Comm. on the District of Columbia). CONGRESSIONAL RECORD. Vol. 122 (1976):

Apr. 12, considered and passed House.

May 21, considered and passed Senate.

 Public Law 94–309: To extend the Educational Broadcasting Facilities Program and to provide authority for the support of demonstrations in telecommunications technologies for the distribution of health, education, and public or social service Information, and for other purposes. Public Law 309 Public Law 94–309 90 Stat. 683 1976-06-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 683 Public Law 94–309 94th Congress
An Act To extend the Educational Broadcasting Facilities Program and to provide authority for the support of demonstrations in telecommunications technologies for the distribution of health, education, and public or social service Information, and for other purposes.

June 5, 1976

[H.R. 9630]

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

Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976.

47 USC 390 note.

47 USC 390.

 be cited as the “Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976”.
purpose Sec. 2. (a) Part IV of title 111 of the Communications Act of 1934 is amended by striking out the heading of such part and inserting in lieu thereof “Assistance for Noncommercial Educational Broadcasting Facilities; Telecommunications Demonstrations; Corporation for Public Broadcasting”. (b) Subpart A of such part is amended by striking out the heading of such subpart and inserting in lieu thereof “assistance for noncommercial educational broadcasting facilities and telecommunications demonstrations”. (c) Section 390 of such Act is amended to read as follows:

47 USC 390.
“declaration of purpose “Sec. 390. The purposes of this subpart are (1) to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities, and (2) to demonstrate (through grants or contracts) the use of telecommunications technologies for the distribution and dissemination of health, education, and other public or social service information.”.
authorization of appropriations Sec. 3. Section 391 of the Communications Act of 1934 is amended

47 USC 391.

 to read as follows:
“Sec. 391. There are authorized to be appropriated $7,500,000 for the period July 1, 1976, through September 30, 1976, and $30,000,000 for the fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart. Sums appropriated under this section for any fiscal year or period shall remain available for payment of grants for projects for which applications approved under section 392 have been submitted under such section within one year after the last day of such fiscal year or period.”.
criteria for broadcast facilities construction Sec. 4. (a) Section 392(a)(1) of the Communications Act of 1934 is

47 USC 392.

 amended by striking out clause (C) and inserting in lieu thereof “(C) a public or private nonprofit college or university or other educational90 STAT. 684 or cultural institution which is affiliated with an eligible college or university,”. (b)

47 USC 392.

 Section 392(d) of such Act is amended to read as follows: “(d) (1) The Secretary shall base his determinations of whether to approve applications for television grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) a strengthening of the capability of existing noncommercial educational television stations to provide local services; (B) the adaptation of existing noncommercial educational television facilities to broaden educational uses; and (C) extension of noncommercial educational television services, with due consideration to equitable geographic coverage throughout the United States. “(2) The Secretary shall base his determination of whether to approve applications for radio grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) extension of noncommercial educational radio services with due consideration to equitable geographic coverage throughout the United States; (B) a strengthening of the capability of existing noncommercial educational radio stations to provide local service; and (C) the provision of multiple radio stations in major population centers to broaden services for special interest, minority, and educational uses.”.
coordination Sec 5.

47 USC 395.

 Section 395 of the Communications Act of 1934 is amended to read as follows:
“coordination with the commission and the corporation “Sec. 395. The Federal Communications Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for close coordination with the Federal Communications Commission in the administration of his functions under this subpart which are of interest to or affect the functions of the Commission. The Secretary shall provide for close coordination with the Corporation for Public Broadcasting in the administration of his functions under this subpart which are of interest to or affect the functions of the Corporation.”.
construction Sec. 6.

47 USC 397.

 Section 397(2) of the Communications Act of 1934 is amended to read as follows: “(2)

Definition.

 The term ‘construction’, as applied to educational television broadcasting facilities or educational radio broadcasting facilities, means the acquisition and installation of transmission and reception apparatus, (including towers, microwave equipment, boosters, translators, repeaters, mobile equipment, video recording equipment, nonvideo recording equipment, radio subcarrier receivers, and satellite transceivers) necessary for television broadcasting or radio broadcasting, as the case may be, including apparatus which may incidentally be used for transmitting closed circuit television or radio programs, but such term does not include the construction or repair of structures to house such apparatus. In the case of apparatus, the acquisition and installation of which is so included, such term also includes planning therefor.”.
90 STAT. 685
audio recording equipment Sec. 7. Section 399(b) of the Communications Act of 1934 is

47 USC 399.

 amended by adding at the end thereof the following new paragraph: “(5) From amounts appropriated pursuant to section 391 after the

Grant.

47 USC 391.

 date of enactment of this paragraph, the Secretary may make a grant to any licensee of a noncommercial educational broadcast station who received assistance under this part of the full amount necessary to acquire equipment to permit such licensee to comply with paragraph (1) of this subsection”.
telecommunications demonstrations Sec. 8. The Communications Act of 1934 is amended by adding after section 392 the following new section:
“telecommunications demonstrations “Sec. 392A. (a) It is the purpose of this section to promote the

47 USC 392a.

 development of nonbroadcast telecommunications facilities and services for the transmission, distribution and delivery of health, education, and public or social service information. The Secretary is

Grants and contracts.

 authorized, upon receipt of an application in such form and containing such information as he may by regulation require, to make grants to, and enter into contracts with public and private nonprofit agencies, organizations, and institutions for the purpose of carrying out telecommunications demonstrations. “(b) The Secretary may approve an application submitted under

Application approval.

 subsection (a) if he determines— “(1) that the project for which application is made will demonstrate innovative methods or techniques of utilizing nonbroadcast telecommunications equipment or facilities to satisfy the purpose of this section; “(2) that demonstrations and related activities assisted under this section will remain under the administration and control of the applicant; “(3) that the applicant has the managerial and technical capability to carry out the project for which the application is made; and “(4) that the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, distribution, and delivery of health, education, or public or social service information. “(c) Upon approving any application under this section with respect to any project, the Secretary shall make a grant to or enter into a contract with the applicant in an amount determined by the Secretary not to exceed the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sum available therefor, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine. “(d) Funds made available pursuant to this section shall not be available for the construction, remodeling, or repair of structures to house the facilities or equipment acquired or developed with such funds, except that such funds may be used for minor remodeling which is necessary for and incident to the installation of such facilities or equipment. 90 STAT. 686 “(e)

“Non broadcast telecommunications facilities.”

 For purposes of this section, the term ‘nonbroadcast telecommunications facilities’ includes, but is not limited to cable television systems, communications satellite systems and related terminal equipment, and other methods of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic or other means. “(f) The funding of any demonstration pursuant to this section shall continue for not more than three years from the date of the original grant or contract. “(g)

Summary and evaluation.

 The Secretary shall require that the recipient of a grant or contract under this section submit a summary and evaluation of the results of the demonstration at least annually for each year in which funds are received pursuant to this section. “(h)

Appropriation authorization.

 There are authorized to be appropriated $1,090,000 for the fiscal year ending September 30, 1977, and $250,000 for the period July 1, 1976, through September 30, 1976, to carry out the provisions of this section. Sums appropriated under this subsection for any fiscal year or period shall remain available for payment of grants or contracts for projects for which applications approved under this section have been submitted within one year after the last day of such fiscal year or period.”.
Approved June 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–772 (Comm. on interstate and Foreign Commerce). SENATE REPORT No. 94–813 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976):

Jan. 20, considered and passed House.

May 13, considered and passed Senate, amended.

May 25, House concurred in Senate amendments.

 Public Law 94–310: To amend title 5, United States Code, to grant court leave to Federal employees when called as witnesses in certain judicial proceedings, and for other purposes. Public Law 310 Public Law 94–310 90 Stat. 687 1976-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 687 Public Law 94–310 94th Congress
An Act To amend title 5, United States Code, to grant court leave to Federal employees when called as witnesses in certain judicial proceedings, and for other purposes.

June 15, 1976

[H.R. 11438]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6322

Federal employees.

Court leave.

 (a)(2) of title 5, United States Code, relating to leave for witness service, is amended to read as follows: “(2) other than as provided in subsection (b) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party
Sec. 2. Section 6(b)(2) of the Act entitled “An Act to amend title 5, United States Code, to revise, clarify, and extend the provisions relating to court leave for employees of the United States and the District of Columbia”, approved December 19, 1970 (2 U.S.C. 130b (b)(2)), is amended to read as follows: “(2) other than as provided in subsection (c) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party;”.
Sec. 3. (a) Subsection (g) of section 8906 of title 5, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “and which may be made available until expended.”. (b) Section 10 of the Retired Federal Employees Health Benefits Act of 1960 (74 Stat. 849) is amended by striking out the period at the, end thereof and inserting in lieu thereof the following: “and which may be made available until existed.”.
Sec. 4. The amendments made by this Act shall take effect on

Effective date.

2 USC 130b note.

 October 1, 1976, or on the date of the enactment of this Act, whichever date is later.
Approved June 15, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–814 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94–830 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 17, considered and passed House.

May 19, considered and passed Senate, amended.

June 3, House concurred in Senate amendment.

 Public Law 94–311: Relating to the publication of economic and social statistics for Americans of Spanish origin or descent. Public Law 311 Public Law 94–311 90 Stat. 688 1976-06-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 688 Public Law 94–311 94th Congress
Joint Resolution Relating to the publication of economic and social statistics for Americans of Spanish origin or descent.

June 16, 1976

[H.J. Res. 92]

 Whereas more than twelve million Americans identify themselves as being of Spanish-speaking background and trace their origin or descent from Mexico, Puerto Rico, Cuba, Central and South America, and other Spanish-speaking countries; and Whereas these Americans of Spanish origin or descent have made significant contributions to enrich American society and have served their Nation well in time of war and peace; and Whereas a large number of Americans of Spanish origin or descent suffer from racial, social, economic, and political discrimination and are denied the basic opportunities they deserve as American citizens and which would enable them to begin to lift, themselves out of the poverty they now endure; and Whereas improved evaluation of the economic and social status of Americans of Spanish origin or descent will assist State and Federal Governments and private organizations in the accurate determination of the urgent and special needs of Americans of Spanish origin or descent; and Whereas the provision and commitment of State, Federal, and private resources can only occur when there is an accurate and precise assessment of need: Now, therefore, be it Resolved by the Senate and Howe of Representatives of the United States of America in Congress assembled,

Americans of Spanish origin or descent.

Economic and social statistics, publication.

29 USC 8.

15 USC 1516a.
That the Department of Labor, in cooperation with the Department of Commerce, snail develop methods for improving and expanding the collection, analysis, and publication of unemployment data relating to Americans of Spanish origin or descent.
Sec. 2. The Department of Commerce, the Department of Labor, the Department of Health, Education, and Welfare, and the Department of Agriculture shall each collect, and publish regularly, statistics which indicate the social, health, and economic condition of Americans of Spanish origin or descent.
Sec. 3.

15 USC 1516a note.

 The Director of the Office of Management and Budget, in cooperation with the Secretary of Commerce and with the heads of other data-gathering Federal agencies, shall develop a Government-wide program for the collection, analysis, and publication of data with respect to Americans of Spanish origin or descent.
Sec. 4.

13 USC 141 note.

 The Department of Commerce, in cooperation with appropriate Federal, State and local agencies and various population study groups and experts, shall immediately undertake a study to determine what steps would be necessary for developing creditable estimates of undercounts of Americans of Spanish origin or descent in future censuses.
90 STAT. 689
Sec. 5. The Secretary of Commerce shall ensure that, in the Bureau

13 USC 141 note.

 of the Census data-collection activities, the needs and concerns of the Spanish-origin population are given full recognition through the use or Spanish language questionnaires, bilingual enumerators, and other such methods as deemed appropriate by the Secretary.
Sec. 6. The Department of Commerce shall implement an affirmative

Affirmative action program.

Report to Congress.

13 USC 22 note.

 action program within the Bureau of the Census for the employment of personnel of Spanish origin or descent and shall submit a report to Congress within one year of the enactment of this Act on the progress of such program.
Approved June 16, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–190 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94–896 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 29, considered and passed House.

Vol. 122 (1976): May 21, considered and passed Senate, amended.

June 7, House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 25 (1976): June 16, Presidential statement.

 Public Law 94–312: To authorize the Secretary of Agriculture to a mend retroactively regulations of the Department of Agriculture pertaining to the computation of price support payments under the National Wool Act of 1964 in order to insure the equitable treatment of ranchers and farmers. Public Law 312 Public Law 94–312 90 Stat. 690 1976-06-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 690 Public Law 94–312 94th Congress
An Act To authorize the Secretary of Agriculture to a mend retroactively regulations of the Department of Agriculture pertaining to the computation of price support payments under the National Wool Act of 1964 in order to insure the equitable treatment of ranchers and farmers.

June 21, 1976

[S. 532]

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

Wool price supports.

Regulations.

7 USC 1785 note.

7 USC 1781 note.
That the Secretary of Agriculture is authorized to amend retroactively regulations of the Department of Agriculture pertaining to the computation of price support payments under the National Wool Act of 1954 in order that the amount of such payments may, in the case of any rancher or farmer, be computed on the basis of (1) the net sales proceeds received, or (2) in the case of any rancher or farmer who failed to realize the amount provided for in the sales document, the lesser of the following: (A) the net sales proceeds based on the price the rancher or farmer would have received had there been no default of payment under such document, or (B) the fair market value of the commodity concerned at the time of sale.
Sec. 2.

7 USC 1785 note.

 The Secretary of Agriculture is further authorized to reconsider any application filed for the payment of price support under the National Wool Act of 1954 with respect to any commodity marketed during the four marketing years 1969 through 1972 and to make such payment adjustments as he determines fair and equitable on the basis of any amendment to regulations made under authority of the first section of this Act.
Approved June 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1161 (Comm. on Agriculture). SENATE REPORT No. 94–716 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol 122 (1976):

Apr. 13, considered and passed Senate.

June 7, considered and passed House.

 Public Law 94–313: To amend the Indochina Migration end Refugee Assistance Act of 1975 to provide for the inclusion of refugees from Laos. Public Law 313 Public Law 94–313 90 Stat. 691 1976-06-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 691 Public Law 94–313 94th Congress
An Act To amend the Indochina Migration end Refugee Assistance Act of 1975 to provide for the inclusion of refugees from Laos.

June 21, 1976

[S. 2760]

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

Indochina Migration and Refugee Assistance Act of 1975, amendment.

Laos refugees, inclusion.

22 USC 2601 note.

 Migration and Refugee Assistance Act of 1975 (Public Law 94–23; 22 U.S.C. 2601), is amended as follows: (1) In section 2, strike out “Cambodia or Vietnam” and insert in lieu thereof “Cambodia, Vietnam, or Laos”. (2) In section 3, strike out “Cambodia or Vietnam” and insert in lieu thereof “Cambodia, Vietnam, or Laos”. (3) Ln section 4(b), strike out “Cambodia and South Vietnam” and insert in lieu thereof “Cambodia, South Vietnam, and Laos”. (4) In section 4(b)(3), strike out “South Vietnam and Cambodia” and insert in lieu thereof “South Vietnam, Cambodia, and Laos”.
Approved June 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1191 (Comm. on the Judiciary). SENATE REPORT No. 94–629 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 16, considered and passed Senate.

June 7, considered and passed House.

 Public Law 94–314: To extend the authorization of appropriations for the National Commission on New Technological Uses of Copyrighted Works to be coextensive with the life of such Commission. Public Law 314 Public Law 94–314 90 Stat. 692 1976-06-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 692 Public Law 94–314 94th Congress
An Act To extend the authorization of appropriations for the National Commission on New Technological Uses of Copyrighted Works to be coextensive with the life of such Commission.

June 21, 1976

[S. 3187]

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

National Commission on New Technical Uses of Copyrighted Works.

Appropriation authorization.

17 USC 201 note.
That section 205 of the Act entitled “An Act to amend title 17 of the United States Code to remove the expiration date for a limited copyright in sound recordings, to increase the criminal penalties for piracy and counterfeiting of sound recordings, to extend the duration of copyright protection in certain cases, to establish a National Commission on New Technological Uses of Copyrighted Works, and for other purposes”, is amended by striking out “June 30, 1976” and inserting in lieu thereof the following: “and including the day on which the Commission terminates”.
Approved June 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1137 accompanying H.R. 11877 (Comm. on the Judiciary). SENATE REPORT No. 94–798 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 11, considered and passed Senate.

June 7, considered and passed House, in lieu of H.R. 11877.

 Public Law 94–315: To provide for the reappointment of James E. Webb as a citizen regent of the Board of Regents of the Smithsonian Institution. Public Law 315 Public Law 94–315 90 Stat. 693 1976-06-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 693 Public Law 94–315 94th Congress
Joint Resolution To provide for the reappointment of James E. Webb as a citizen regent of the Board of Regents of the Smithsonian Institution.

June 21, 1976

[S.J. Res. 168]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of James E. Webb, of Washington, District of Columbia, on May 18, 1976, be filled by the reappointment of the present incumbent for the statutory term of six years.
Approved June 21, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1126 accompanying H.J. Res. 863 (Comm. on House Administration). SENATE REPORT No. 94–720 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 31, considered and passed Senate.

June 7, considered and passed House, in lieu of H.J. Res. 863.

 Public Law 94–316: To authorize appropriations for the saline water conversion program for fiscal year 1977. Public Law 316 Public Law 94–316 90 Stat. 694 1976-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 694 Public Law 94–316 94th Congress
An Act To authorize appropriations for the saline water conversion program for fiscal year 1977.

June 22, 1976

[H.R. 11559]

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

Saline water conversion program, 1977.

Appropriation authorization.

42 USC 1959 note.
That there is authorized to be appropriated, to carry out the provisions of the Saline Wafer Conversion Act of 1971 (85 Stat. 159) during fiscal year 1977 the sum of $7,540,000, to remain available until expended as follows: (a) Water Resources Research: (1) Saline Water Conversion Process Research, $800,000; and (2) Water Reuse Research and Planning, $1,200,000. (b) Technology Development: (1) Seawater Membrane Development, $1,600,000; (2) Water Reuse Technology Development and Testing, $500,000; (3) Technology Transfer, $300,000; (4) Brackish Water Membrane Development and Testing, $750,000; and (5) Freezing Technology Development and Testing, $850,000. (c) Test Facility Operation and Maintenance: (1) Brackish Water Test Facility, $400,000; and (2) Seawater Test. Facility, $300,000. (d) Administration and Coordination, $840,000.
Sec. 2. Expenditures and obligations under any item authorized by subsections (a) and (b) of section 1 may be increased by not more than 10 per centum if any such increase is accompanied by a corresponding decrease in expenditures and obligations in one or more items authorized to be appropriated by said subsections (a) and (b) of section 1.
Sec. 3.

42 USC 1959d note.

 Relative to the definition of, title to, and licensing of inventions made or conceived in the course of or under any contract or grant pursuant to the Water Resources Research Act of 1964 (42 U.S.C.

42 USC 5909.

 1961) or the Saline Water Conversion Act of 1971 (42 U.S.C. 1959), and notwithstanding any other provision of law, the Secretary shall be governed by the provisions of sections 9 and 10 of the Federal Non-nuclear Energy, Research, and Development Act of 1974 (42 U.S.C. 5908): Provided, however, That subsections (1) and (n) of said section 9 of said Act shall not apply to this Act.
Approved June 22, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–985 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–807 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 5, considered and passed House.

June 3, considered and passed Senate, amended.

June 7, House concurred in Senate amendments.

 Public Law 94–317: To amend the Public Health Service Act to provide authority for health information and health promotion programs, to revise and extend the authority for disease prevention and control programs, and to revise and extend the authority for venereal disease programs, and to amend the Lead-Based Paint Poisoning Prevention Act to revise and extend that Act. Public Law 317 Public Law 94–317 90 Stat. 695 1976-06-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 695 Public Law 94–317 94th Congress
An Act To amend the Public Health Service Act to provide authority for health information and health promotion programs, to revise and extend the authority for disease prevention and control programs, and to revise and extend the authority for venereal disease programs, and to amend the Lead-Based Paint Poisoning Prevention Act to revise and extend that Act.

June 23, 1976

[S. 1466]

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

Public Health Service Act, amendments; Lead-Based Paint Poisoning Act, extension.

National Consumer Health Information and Health Promotion Act of 1976.

42 USC 201 note.

 <num value="I">TITLE I—</num> <heading class="inline">HEALTH INFORMATION AND HEALTH PROMOTION</heading> <section> <heading class="smallCaps centered">short title</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">National Consumer Health Information and Health Promotion Act of 1976</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">amendment to public health service act</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">The Public Health Service Act is amended by adding at the end thereof the following new title: <quotedContent> <title> <num value="XVII">“TITLE XVII—</num> <heading class="inline">HEALTH INFORMATION AND HEALTH PROMOTION</heading> <section> <heading class="smallCaps centered">“general authority</heading> <num value="1701"><inline class="smallCaps">“Sec</inline>. 1701. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Secretary shall—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300u">42 USC 300u</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>analyze the necessary and available resources for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>undertake and support necessary activities and programs to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>incorporate appropriate health education components into our society, especially into all aspects of education and healthcare,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>undertake and support research and demonstrations respecting health information and health promotion, preventive health services, and education in the appropriate use of health care;</content> </paragraph> <page identifier="/us/stat/90/696">90 STAT. 696</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>undertake and support appropriate training in, and undertake and support, appropriate training in the operation of programs concerned with, health information and health promotion, preventive health services, and education in the appropriate use of health care;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>undertake and support, through improved planning and implementation of tested models and evaluation of results, effective and efficient programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>foster the exchange of information respecting, and foster cooperation in the conduct of, research, demonstration, and training programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>provide technical assistance in the programs referred to in paragraph (7); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>use such other authorities for programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care as are available and coordinate such use with programs conducted under this title.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10"><sidenote><p class="firstIndent0 fontsize8">Administration.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300k–2">42 USC 300k–2</ref>.</p></sidenote>The Secretary shall administer this title in a manner consistent with the national health priorities set forth in section 1502 and with health planning and resource development activities undertaken under titles<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300k–1/300o">42 USC 300k–1, 300o</ref>.</p><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> XV and XVI.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>For payments under grants and contracts under this title there are authorized to be appropriated $7,000,000 for the fiscal year ending September 30, 1977, $10,000,000 for the fiscal year ending September 30, 1978, and $14,000,000 for the fiscal year ending September 30, 1979.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="firstIndent0 fontsize8">Grant or contract.</p></sidenote> <content>No grunt may be made or contract entered into under this title unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be submitted in such form and manner and contain such information as the Secretary may prescribe. Contracts may be entered into under this title without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5).</content> </subsection> </section> <section> <heading class="smallCaps centered">“research programs</heading> <num value="1702"><inline class="smallCaps">“Sec</inline>. 1702. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300u–1">42 USC 300u–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Secretary is authorized to conduct and support by grant or contract (and encourage others to support) research in health information and health promotion, preventive health services, and education in the appropriate use of health care. Applications for grants and contracts under this section shall be subject to appropriate peer review. The Secretary shall also—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide consultation and technical assistance to persons who need help in preparing research proposals or in actually conducting research;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>determine the best methods of disseminating information concerning personal health behavior, preventive health services and the appropriate use of health care and of affecting behavior so that such information is applied to maintain and improve health, and prevent disease, reduce its risk, or modify its course or severity;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>determine and study environmental, occupational, social, and behavioral factors winch affect and determine health and ascertain those programs and areas for which educational and preventive measures could be implemented to improve health as it is affected by such factors;</content> </paragraph> <page identifier="/us/stat/90/697">90 STAT. 697</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>develop (A) methods by which the cost and effectiveness of activities respecting health information and health promotion, preventive health services, and education in the appropriate use of health care, can be measured, including methods for evaluating the effectiveness of various settings for such activities and the various types of persons engaged in such activities, (B) methods for reimbursement or payment for such activities, and (C) models and standards for the conduct of such activities, including models and standards for the education, by providers of institutional health services, of individuals receiving such services respecting the nature of the institutional health services provided the individuals and the symptoms, signs, or diagnoses which led to provision of such services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>develop a method for assessing the cost and effectiveness of specific medical services and procedures under various conditions of use, including the assessment of the sensitivity and specificity of screening and diagnostic procedures; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>enumerate and assess, using methods developed under paragraph (5), preventive health measures and services with respect to their cost and effectiveness under various conditions of use.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The Secretary shall make a periodic survey of the needs,<sidenote><p class="firstIndent0 fontsize8">Survey.</p></sidenote> interest, attitudes, knowledge, and behavior of the American public regarding health and health care. The Secretary shall take into consideration the findings of such surveys and the findings of similar surveys conducted by national and community health education organizations, and other organizations and agencies for formulating policy respecting health information and health promotion, preventive health services, and education in the appropriate use of health care.</content> </subsection> </section> <section> <heading class="smallCaps centered">“community programs</heading> <num value="1703"><inline class="smallCaps">“Sec</inline>. 1703. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Secretary is authorized to conduct and support<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300u–2">42 USC 300u–2</ref>.</p></sidenote> by grant or contract (and encourage others to support) new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, and may specifically—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>support demonstration and training programs in such matters which programs (A) are in hospitals, ambulatory care settings, home care settings, schools, day care programs for children, and other appropriate settings representative of broad cross sections of the population, and include public education activities of voluntary health agencies, professional medical societies, and other private nonprofit health organizations, (B) focus on objectives that are measurable, and (C) emphasize the prevention or moderation of illness or accidents that appear controllable through individual knowledge and behavior;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide consultation and technical assistance to organizations that request help in planning, operating, or evaluating programs in such matters;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>develop health information and health promotion materials and teaching programs including (A) model curriculums for the training of educational and health professionals and para professionals in health education by medical, dental, and nursing schools, schools of public health, and other institutions engaged in training of educational or health professionals, (B) model curriculums to be used in elementary and secondary schools and institutions of higher learning, (C) materials and programs<page identifier="/us/stat/90/698">90 STAT. 698</page> for the continuing education of health professionals and paraprofessionals in the health education of their patients, (D) materials for public service use by the printed and broadcast media, and (E) materials and programs to assist providers of health care in providing health education to their patients; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>support demonstration and evaluation programs for individual and group self-help programs designed to assist the participant in using his individual capacities to deal with health problems, including programs concerned with obesity, hypertension, and diabetes.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">Grants.</p></sidenote> <content>The Secretary is authorized to make grants to States and other public and nonprofit private entities to assist them in meeting the costs of demonstrating and evaluating programs which provide information respecting the costs and quality of health care or information respecting health insurance policies and prepaid health plans, or information respecting both. After the development of models pursuant to sections 1704(4) and 1704(5) for such information, no grant may be made under this subsection for a program unless the information to be provided under the program is provided in accordance with one of such models applicable, to the information.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The Secretary is authorized to support by grant or contract (and to encourage others to support) private nonprofit entities working in health information and health promotion, preventive health services, and education in the appropriate use of health care. The amount of any grant or contract for a fiscal year beginning after September 30, 1978, for an entity may not exceed 25 per centum of the expenses of the entity for such fiscal year for health information and health promotion, preventive health services, and education in the appropriate use of health care.</content> </subsection> </section> <section> <heading class="smallCaps centered">“information programs</heading> <num value="1704"><inline class="smallCaps">“Sec</inline>. 1704. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300u–3">42 USC 300u–3</ref>.</p></sidenote> <chapeau class="inline">The Secretary is authorized to conduct and support, by grant or contract (and encourage others to support) such activities as may be required to make information respecting health information and health promotion, preventive health services, and education in the appropriate use of health care available to the consumers of medical care, providers of such care, schools, and others who are or should be informed respecting such matters. Such activities may include at least the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The publication of information, pamphlets, and other reports which are specially suited to interest and instruct the health consumer, which information, pamphlets, and other reports shall be updated annually, shall pertain to the individual’s ability to improve and safeguard his own health; shall include material, accompanied by suitable illustrations, on child care, family life and human development, disease prevention (particularly prevention of pulmonary disease, cardiovascular disease, and cancer), physical fitness, dental health, environmental health, nutrition, safety and accident prevention, drug abuse and alcoholism, mental health, management of chronic diseases (including diabetes and arthritis), and venereal diseases; and shall be designed to reach populations of different languages and of different social and economic backgrounds.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Securing the cooperation of the communications media, providers of health care, schools, and others in activities designed to promote and encourage the use of health maintaining information and behavior.</content> </paragraph> <page identifier="/us/stat/90/699">90 STAT. 699</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The study of health information and promotion in advertising and the making to concerned Federal agencies and others such recommendations respecting such advertising as are appropriate.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The development of models and standards for the publication by States, insurance carriers, prepaid health plans, and others (except individual health practitioners) of information for use by the public respecting the cost and quality of health care, including information to enable the public to make comparisons of the cost and quality of health care.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The development of models and standards for the publication by States, insurance carriers, prepaid health plans, and others of information for use by the public respecting health insurance policies and prepaid health plans, including information on the benefits provided by the various types of such policies and plans, the premium charges for such policies and plans, exclusions from coverage or eligibility for coverage, cost sharing requirements, and the ratio of the amounts paid as benefits to the amounts received as premiums and information to enable the public to make relevant comparisons of the costs and benefits of such policies and plans.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Assess, with respect to the effectiveness, safety, cost, and required training for and conditions of use, of new aspects of health care, and new activities, programs, and services designed to improve human health and publish in readily understandable language for public and professional use such assessments and, in the case of controversial aspects of health care, activities, programs, or services, publish differing views or opinions respecting the effectiveness, safety, cost, and required training for and conditions of use, of such aspects of health care, activities, programs, or services.</content> </paragraph> </section> <section> <heading class="smallCaps centered">“report and study</heading> <num value="1705"><inline class="smallCaps">“Sec</inline>. 1705. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Secretary shall, not later than two years after<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300u–4">42 USC 300u–4</ref>.</p></sidenote> the date of the enactment of this title and annually thereafter, submit to the President for transmittal to Congress a report on the status of health information and health promotion, preventive health services, and education in the appropriate use of health care. Each such report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a statement of the activities carried out under this title since the last report and the extent to which each such activity achieves the purposes of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>an assessment of the manpower resources needed to carry out programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care, and a statement describing the activities currently being carried out under this title designed to prepare teachers and other manpower for such programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the goals and strategy formulated pursuant to section 1701(a)(1), the models and standards developed under this title, and the results of the study required by subsection (b) of this section; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such recommendations as the Secretary considers appropriate for legislation respecting health information and health promotion, preventive health services, and education in the appropriate use of health care, including recommendations for revisions to and extension of this title.</content> </paragraph> </subsection> <page identifier="/us/stat/90/700">90 STAT. 700</page> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">Study.</p></sidenote> <content>The Secretary shall conduct a study of health education services and preventive health services to determine the coverage of such services under public and private health insurance programs, including the extent and nature of such coverage and the cost sharing requirements required by such programs for coverage of such services.</content> </subsection> </section> <section> <heading class="smallCaps centered">“office of health information and health promotion</heading> <num value="1706"><inline class="smallCaps">“Sec</inline>. 1706. </num><sidenote><p class="firstIndent0 fontsize8">Establishment.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300u–5">42 USC 300u–5</ref>.</p></sidenote> <chapeau class="inline">The Secretary shall establish within the Office of the Assistant Secretary for Health an Office of Health Information and Health Promotion which shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>coordinate all activities within the Department which relate to health information and health promotion, preventive health services, and education in the appropriate use of health care;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>coordinate its activities with similar activities of organizations in the private sector; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>establish a national information clearinghouse to facilitate the exchange of information concerning matters relating to health information and health promotion, preventive health services, and education in the appropriate use of health care, to facilitate access to such information, and to assist in the analysis of issues and problems relating to such matters.”.</content> </paragraph> </section> <num value="II">TITLE II—</num><sidenote><p class="firstIndent0 fontsize8">Disease Control Amendments of 1976.</p></sidenote> <heading class="inline">DISEASE CONTROL</heading> <section> <heading class="smallCaps centered">short title</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p></sidenote> <content class="inline">This title may be cited as the “<shortTitle role="title">Disease Control Amendments of 1976</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">amendments to sections 311 and 317</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247b">42 USC 247b note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Effective with respect to grants under section 317 of the Public Health Service Act made from appropriations under such section for fiscal years beginning after June 30, 1975, section 317 of such Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“disease control programs</heading> <num value="317"><inline class="smallCaps">“Sec</inline>. 317. </num><sidenote><p class="firstIndent0 fontsize8">Grants.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247b">42 USC 247b</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary may make grants to States and, in consultation with State health authorities, to public entities to assist them in meeting the costs of disease control programs.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>No grant may be made under subsection (a) unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, be submitted in such manner, and contain such information as the Secretary shall by regulation prescribe and shall meet the requirements or paragraph (2).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8">Application requirements.</p></sidenote> <chapeau>An application for a grant under subsection (a) shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>set forth with particularity the objectives (and their priorities, as determined in accordance with such regulations as the Secretary may prescribe) of the applicant for each of the disease control programs it proposes to conduct with assistance from a grant under subsection (a);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>contain assurances satisfactory to the Secretary that, in the year during which the grant applied for would be available, the applicant will conduct such programs as may be necessary (i) to develop an awareness in those persons in the area served by<page identifier="/us/stat/90/701">90 STAT. 701</page> the applicant who are most susceptible to the diseases or conditions referred to in subsection (f) of appropriate preventive behavior and measures (including immunizations) and diagnostic procedures for such diseases, and (ii) to facilitate their access to such measures and procedures; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>provide for the reporting to the Secretary of such information<sidenote><p class="firstIndent0 fontsize8">Report to Secretary.</p></sidenote> as he may require concerning (i) the problems, in the area served by the applicant, which relate to any disease or condition referred to in subsection ( f ), and (ii) the disease control programs of the applicant for which a grant is applied for.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">In considering such an application the Secretary shall take into account the relative extent, in the area served by the applicant, of the problems which relate to one or more of the diseases or conditions referred to in subsection (f) and the extent to which the applicant’s programs are designed to eliminate or reduce such problems. The .Secretary shall give special consideration to applications for programs which (A) will increase to at least 80 per centum the immunization rates of any population identified as not having received, or as having failed to secure, the generally recognized disease immunizations, and (B) to the fullest extent practicable, will cooperate and use public and nonprofit private entities and volunteers. The Secretary shall give priority to applications submitted for disease control programs for communicable diseases.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Each grant under subsection (a) shall be made for disease control program costs in the one-year period beginning on the first day of the first month beginning after the month in which the grant is made.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Payments under grants under subsection (a) may be made in advance on the basis of estimates or by way of reimbursement, with necessary adjustments on account of underpayments or overpayments, and in such installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The Secretary, at the request of a recipient of a grant under subsection (a), may reduce the amount of such grant by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the fair market value of any supplies (including vaccines and other prevention agents) or equipment furnished the grant recipient, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the recipient and the amount of any other costs incurred in connection with the detail of such officer or employee,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">when the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such recipient and for the purpose of carrying out a program with respect to which the recipient’s grunt under subsection (a) is made. The amount by which any such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been paid to the recipient.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The Secretary may conduct, and may make grants to and<sidenote><p class="firstIndent0 fontsize8">Grants and contracts.</p></sidenote> enter into contracts with public and nonprofit private entities for the conduct of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>training for the administration and operation of disease prevention and control programs, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>demonstrations and evaluations of such programs.</content> </subparagraph> </paragraph> <page identifier="/us/stat/90/702">90 STAT. 702</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8">Application.</p></sidenote> <content>No grant may be made or contract entered into under paragraph (1) unless an application therefor is submitted to and approved by the Secretary, Such application shall be in such form, be submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num><sidenote><p class="firstIndent0 fontsize8">Coordination.</p></sidenote> <content>The Secretary shall coordinate activities under this section respecting disease control programs with activities under other sections of this Act respecting such programs.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num><sidenote><p class="firstIndent0 fontsize8">“Disease control program.”</p></sidenote> <content>For purposes of this section, the term ‘disease control program’ means a program which is designed and conducted so as to contribute to national protection against diseases or conditions of national significance which are amenable to reduction, including tuberculosis, rubella, measles, poliomyelitis, diphtheria, tetanus, pertussis, mumps, and other communicable diseases (other than venereal diseases), and arthritis, diabetes, diseases borne by rodents, hypertension, pulmonary diseases, cardiovascular diseases, and Rh disease. Such term also includes vaccination programs, laboratory services, studies to determine the disease control needs of the States and the means of best meeting such needs, the provision of information and education services respecting disease control, and programs to encourage behavior which will prevent disease and encourage the use of preventive measures and diagnostic procedures. Such term also includes any program or project<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246</ref>.</p></sidenote> for rodent control for which a grant was made under section 314(e) for the fiscal year ending June 30, 1975.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num><sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>For the purpose of grants under subsection (a) for disease control programs to immunize children against immunizable diseases (including measles, rubella, poliomyelitis, diphtheria, pertussis, tetanus, and mumps), there are authorized to be appropriated $9,000,000 for fiscal year 1976, $17,500,000 for fiscal year 1977, and $23,000,000 for fiscal year 1978.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <content>For the purpose of grants under subsection (a) for disease control programs for diseases borne by rodents there are authorized to be appropriated $13,500,000 for fiscal year 1976, $14,000,000 for fiscal year 1977, and $14,500,000 for fiscal year 1978.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num><sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <content>For the purpose of grants under subsection (a) for disease control programs, other than programs for which appropriations are authorized under subparagraph (A) or (B), and for the purpose of grants and contracts under subsection (d), there are authorized to be appropriated $4,000,000 for fiscal year 1976, $4,500,000 for fiscal year 1977, and $5,000,000 for fiscal year 1978.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>Not to exceed 15 per centum of the amount appropriated for any fiscal year under any of the preceding subparagraphs of t his paragraph may be used by the Secretary for grants and contracts for such fiscal year for programs for which appropriations are authorized under any one or more of the other subparagraphs of this paragraph if the Secretary determines that such use will better carry out the purpose of this section, and reports to the appropriate committees of Congress at least thirty days before making such use of such amount bis determination and the reasons therefor.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247c">42 USC 247c</ref>.</p></sidenote> <content>Except as provided in section 318, no funds appropriated under any provision of this Act other than paragraph (1) of this subsection may be used to make grants in any fiscal year for disease control programs if (A) grants for such programs are authorized by subsection (a), and (B) all the funds authorized to be appropriated under this subsection for that fiscal year have not been appropriated for that fiscal year and obligated in that fiscal year.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num><sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> <content>The Secretary shall submit to the President for submission to the Congress on January 1 of each year (1) a report (A) on the<page identifier="/us/stat/90/703">90 STAT. 703</page> effectiveness of all Federal and other public and private activities in controlling the diseases and conditions referred to in subsection (f), (B) on the extent of the problems presented by such diseases. (C) on the effectiveness of the activities, assisted under grants and contracts under this section, in controlling such diseases, and (D) setting forth a plan for the coming year for the control of such diseases; and (2) a report (A) on the immune status of the population of the United States, and (B) identifying, by area, population group, and other categories, deficiencies in the immune status of such population.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Nothing in this section shall limit or otherwise restrict the use of funds which are granted to a State or to an agency or a political subdivision of a State under provisions of Federal law (other than this Act) and which are available for the conduct of disease control programs from being used in connection with programs assisted through grants under subsection (a).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Nothing in this section shall be construed to require any State or any agency or political subdivision of a State to have a disease control program which would require any person, who objects to any treatment provided under such a program, to be treated or to have any child or ward treated under such a program.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 311(c) of the Public Health Service Act is amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s243">42 USC 243</ref>.</p></sidenote> to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Secretary is authorized to develop (and may take such action as may be necessary to implement) a plan under which personnel, equipment, medical supplies, and other resources of the Service and other agencies under the jurisdiction of the Secretary may be effectively used to control epidemics of any disease or condition referred to in section 317(f) and to meet other health emergencies or<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247b">42 USC 247b</ref>.</p></sidenote> problems involving or resulting from disasters or any such disease. The Secretary may enter into agreements providing for the cooperative planning between the Service and public and private community health programs and agencies to cope with health problems (including epidemics and health emergencies) resulting from disasters or any disease or condition referred to in section 317(f).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary may, at the request of the appropriate State<sidenote><p class="firstIndent0 fontsize8">Federal assistance.</p></sidenote> or local authority, extend temporary (not in excess of forty-five days) assistance to States or localities in meeting health emergencies of such a nature as to warrant Federal assistance. The Secretary may require such reimbursement of the United States for assistance provided under this paragraph as he may determine to be reasonable under the circumstances. Any reimbursement so paid shall be credited to the applicable appropriation for the Service for the year in which such reimbursement is received.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 311(b) of such Act is amended by inserting at the end thereof the following new sentence: “<quotedText>The Secretary may charge only private entities reasonable fees for the training of their personnel under the preceding sentence.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments respecting venereal diseases</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Congress finds and declares that—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247c">42 USC 247c note</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the number of reported cases of venereal disease continues in epidemic proportions in the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the number of patients with venereal disease reported to public health authorities is only a fraction of those actually infected;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the incidence, of venereal disease is particularly high in the 15–29-year age group, and in metropolitan areas;</content> </paragraph> <page identifier="/us/stat/90/704">90 STAT. 704</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>venereal disease accounts for needless deaths and leads to such severe disabilities as sterility, insanity, blindness, and crippling conditions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the number of cases of congenital syphilis, a preventable disease, tends to parallel the incidence of syphilis in adults;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>it is conservatively estimated that the public cost of care for persons suffering the complications of venereal disease exceed $80,000,000 annually;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>medical researchers have no successful vaccine for syphilis or gonorrhea, and have no blood test for the detection of gonorrhea among the large reservoir of asymptomatic females;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>school health education programs, public information and awareness campaigns, mass diagnostic screening and case followup activities have all been found to be effective disease intervention methodologies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>knowledgeable health providers and concerned individuals and groups are fundamental to venereal disease prevention and control;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>biomedical research leading to the development of vaccines for syphilis and gonorrhea is of singular importance for the eventual eradication of these dreaded diseases; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>a variety of other sexually transmitted diseases, in addition to syphilis and gonorrhea, have become of public health significance.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247c">42 USC 247c</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 318(b)(2) of the Public Health Service Act is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <content>For the purpose of carrying out this subsection, there are authorized to be appropriated $5,000,000 for fiscal year 1976, $6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 1978.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (d)(2) of such section is amended to react as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For the purpose of carrying out this section there is authorized to be appropriated $32,000,000 for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000 for fiscal year 1978.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Subsection (a) of such section is amended by striking out “<quotedText>public, authorities and</quotedText>” and inserting in lieu thereof “<quotedText>public and non-profit private entities and to</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Subsection (d)(1)(B) of such section is amended by inserting before the semicolon at the end the following: “<quotedText>and routine testing, including laboratory tests and followup systems</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Subsection (d)(1)(E) of such section is amended by striking out “<quotedText>control</quotedText>” and inserting in lieu thereof “<quotedText>prevention and control strategies and activities</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><sidenote><p class="firstIndent0 fontsize8">Repeal.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Subsection (c) is repealed.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (e)(1) of such section is amended by striking out “<quotedText>or (d)</quotedText>” and inserting in lieu thereof “<quotedText>or (c) </quotedText>”,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Subsection (e)(2)(C) of such section is amended by striking out “<quotedText>(including dark-field microscope techniques for the diagnosis of both gonorrhea and syphilis) </quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The last sentence of subsection (e)(4) of such section is amended by striking out the semicolon and all that follows through “<quotedText>paid to such recipient</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The first sentence of subsection (e)(5) of such section is amended by inserting before the period the following: “<quotedText>or as may be required by a law of a State or political subdivision of a State</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Subsection (g) of such section is amended by striking out “<quotedText>, (c), and (d)</quotedText>” and inserting in lieu thereof “<quotedText>and (c)</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Subsection (h) of such section is amended by striking out “<quotedText>treated or to have any child or ward of his</quotedText>”.</content> </paragraph> <page identifier="/us/stat/90/705">90 STAT. 705</page> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Subsections (d), (e), (f), (g), and (h) of such section are redesignated as subsections (c), (d), (e), (f), and (g), respectively.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Subsection (e) of such section (as so redesignated) is amended by striking out “<quotedText>317(d)(4) </quotedText>” and inserting in lieu thereof “<quotedText>317 (g)(2) </quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>Such section is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <content>For purposes of this section and section 317, the term ‘venereal<sidenote><p class="firstIndent0 fontsize8">“Venereal disease.”</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247b">42 USC 247b</ref>.</p></sidenote> disease’ means gonorrhea, syphilis, or any other disease which can be sexually transmitted and which the Secretary determines is or may be amenable to control with assistance provided under this section and is of national significance.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content>Section 318(b)(1) is amended by inserting “<quotedText>education,</quotedText>” before<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s247c">42 USC 247c</ref>.</p></sidenote> “<quotedText>and training</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">extension and revision of lead-based paint poisoning prevention act</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 101(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801(c)) is amended by inserting after and below paragraph (4) the following: <quotedContent> <p class="indent0 firstIndent0 fontsize10">“Follow-up programs described in paragraph (3) shall include<sidenote><p class="firstIndent0 fontsize8">Follow-up programs.</p></sidenote> programs to eliminate lead-based paint hazards from surfaces in and around residential dwelling units or houses, including programs to provide for such purpose financial assistance to the owners of such units or houses who are financially unable to eliminate such hazards from their units or houses. In administering programs for the elimination of such hazards, priority shall be given to the elimination of such hazards in residential dwelling units or houses in which reside children with diagnosed lead-based paint poisoning.”.</p> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <paragraph class="inline"> <num value="A">(A) </num> <content>Section 101(c) of such Act Is amended by striking out “<quotedText>should include</quotedText>” and inserting in lieu thereof “<quotedText>shall include</quotedText>”.</content> </paragraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Section 101(f) of such Act is amended by (i) striking out “<quotedText>and (B)</quotedText>” and inserting in lieu thereof “<quotedText>(B)</quotedText>”, and (ii) by inserting before the period at the end the following “<quotedText>, and (C) the services to be provided will be provided under local programs which meet the requirements of subsections (c) and (d) of this section</quotedText>”.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 401 of such Act (42 U.S.C. 4831 ) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“prohibition against use of lead-based faint in construction of facilities and the manufacture of certain toys and utensils</heading> <num value="401"><inline class="smallCaps">“Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Health. Education, and Welfare shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any cooking utensil, drinking utensil, or eating utensil manufactured and distributed after the date of enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Secretary of Housing and Urban Development shall take steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form after the date of enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Consumer Product Safety Commission shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any toy or furniture article,”.</content> </subsection> </section> </quotedContent> </content> </subsection> <page identifier="/us/stat/90/706">90 STAT. 706</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 501(3) of such Act (42 U.S.C. 4841(3)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="firstIndent0 fontsize8">“Lead-based paint.”</p></sidenote> <subparagraph class="inline"> <num value="A">(A) </num> <content>Except as provided in subparagraph (B), the term ‘lead-based paint’ means any paint containing more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8">Hearing.</p></sidenote> <clause class="inline"> <num value="i">(i) </num> <content>The Consumer Product Safety Commission shall, during the six-month period beginning on the date of the enactment of the National Health Promotion and Disease Prevention Act of 1976, determine, on the basis of available data and information and after providing opportunity for an oral hearing and considering recommendations of the Secretary of Health, Education, and Welfare (including those of the Center for Disease Control) and of the National Academy of Sciences, whether or not a level of lead in paint which is greater than six one-hundredths of 1 per centum but not in excess of five-tenths of 1 per centum is safe. If the Commission determines, in accordance with the preceding sentence, that another level of lead is safe, the term lead-based paint’ means, with respect to pa hit which is manufactured after the expiration of the six-month period beginning on the date of the Commission’s determination, paint containing by weight (calculated us lead metal) in the total nonvolatile content of the paint more than the level of lead determined by the Commission to be safe or the equivalent measure of lead in the dried film of paint already applied, or both.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>Unless the definition of the term ‘lead-based paint’ has been established by a determination of the Consumer Product Safety Commission pursuant to clause (i) of this subparagraph, the term ‘lead-based paint’ means, with respect to paint which is manufactured after the expiration of the twelve-month period beginning on such date of enactment, paint containing more than six one-hundredths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.”.</content> </clause> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 501 of such Act is amended (1) by striking out “<quotedText>the term</quotedText>” in paragraphs (1) and (2) and inserting in lieu thereof “<quotedText>The term</quotedText>”, (2) by striking out the semicolon at the end of paragraph (1) and inserting in lieu thereof a period, and (3) by striking out “<quotedText>; and</quotedText>” at the end of paragraph (2) and inserting in lieu thereof a period.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 502 of such Act (42 U.S.C. 4842) is amended by striking out “<quotedText>In carrying out the authority under this Act, the Secretary of Health, Education, and Welfare shall</quotedText>” and inserting in lieu thereof “<quotedText>In carrying out their respective authorities under this Act, the Secretary of Housing and Urban Development and the Secretary of Health, Education, and Welfare shall each</quotedText>”,</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 503 of such Act (42 U.S.C. 4843) is amended by striking out subsections (a), (b), and (c) and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <chapeau>There are authorized to be appropriated to carry out this Act $10,000,000 for the fiscal year 1976, $12,000,000 for the fiscal year 1977, and $14,000,000 for the fiscal year 1978.”.</chapeau> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (d) of such section is redesignated as subsection (b).</content> </paragraph> </subsection> </section> 90 STAT. 707 <num value="III">TITLE III—</num> <heading class="inline">MISCELLANEOUS AMENDMENT</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 2(f) of the Public Health Service Act is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201</ref>.</p></sidenote> amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>Except as provided in sections 314(g)(4)(B), 355(5), 361(d), 1002(c), 1201(2), 1401(13), 1531(1), and 1633(1), the term ‘State’ includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 361(d) is amended by adding at the end thereof<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s264">42 USC 264</ref>.</p></sidenote> the following: “<quotedText>For purposes of this subsection, the term ‘State’ includes, in addition to the several States, only the District of Columbia.</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 1401 is amended by adding after paragraph (12) the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t42/s300f">42 USC 300f</ref>.</p></sidenote> following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <content>The term ‘State’ includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> </section> Approved June 23, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1007 accompanying H.R. 12678 (Comm. on interstate and Foreign Commerce). SENATE REPORT No. 94–330 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 30, considered and passed Senate.

Vol. 122 (1976): Apr. 7, considered and passed House, amended, in lieu of H.R. 12678.

May 26, Senate concurred in amendment, with amendment.

June 7, House concurred in Senate amendment.

 Public Law 94–318: To authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to undertake dredging operations for Operation Sail. Public Law 318 Public Law 94–318 90 Stat. 708 1976-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 708 Public Law 94–318 94th Congress
Joint Resolution To authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to undertake dredging operations for Operation Sail.

June 25, 1976

[S.J. Res. 201]

 Whereas the Congress finds that— (a) Operation Sail is a major Bicentennial activity and an international undertaking involving almost every four-masted sailing ship in the world plus many smaller vessels and a display and review of United States and foreign naval vessels. The President of the United States and the Queen of England are scheduled to participate in this activity; (b) on or about July 3, 1976, approximately two hundred unique sailing ships representing many nations of the world are scheduled to arrive in New York Harbor and surrounding waters to commemorate the United States Bicentennial; (c) the sailing ships will be berthed in basins and marinas throughout the New York/New England area for public display and visits. Four of the most significant sailing vessels are scheduled for berthing in the South Street Museum area of downtown New York City which is the focal point of this major Bicentennial event; (d) some docking areas for the ships participating in Operation Sail are of inadequate depth; (e) the United States Army Corps of Engineers currently maintains New York Harbor and surrounding waters for navigation purposes and has the capability of providing adequate docking depths for the ships of Operation Sail; and (f) the United States Army Corps of Engineers has extensive knowledge of the technical and environmental aspects of dredging in the New York area and can apply this expertise to the dredging required in the areas proposed for the docking of the ships of Operation Sail: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Operation Sail.

New York Harbor, dredging operation.

That the Secretary of the Army, acting through the Chief of Engineers, is hereby authorized and directed to dredge New York Harbor in the vicinity of the South Street Seaport Museum, Manhattan, New York, to an authorized depth of eighteen feet for the purpose of providing adequate docking depth for ships of Operation Sail.

The Secretary of the Army, acting through the Chief of Engineers, is authorized to use any funds presently available to him for operation and maintenance of navigation in New York Harbor and surrounding waters to carry out the work authorized by this resolution presently estimated to cost $100,000.
Approved June 25, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–962 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 21, considered and passed Senate.

June 22, considered and passed House.

 Public Law 94–319: To amend the Act of August 31, 1922, to prevent the introduction and spread of diseases and parasites harmful to honeybees, and for oilier purposes. Public Law 319 Public Law 94–319 90 Stat. 709 1976-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 709 Public Law 94–319 94th Congress
An Act To amend the Act of August 31, 1922, to prevent the introduction and spread of diseases and parasites harmful to honeybees, and for oilier purposes.

June 25, 1976

[S. 18]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1 of

Honeybees.

Importation, limitation.

 the Act of August 31, 1922, as amended (42 Stat. 833; 76 Stat. 169; 7 U.S.C. 281), is amended to read as follows: “(a) In order to prevent the introduction and spread of diseases and parasites harmful to honeybees, and the introduction of genetically undesirable germ plasm of honeybees, the importation into the United States of all honeybees is prohibited, except that honeybees may be imported into the United States— “(1) by the United States Department of Agriculture for experimental or scientific purposes, or “(2) from countries determined by the Secretary of Agriculture— “(A) to be free of diseases or parasites harmful to honey-bees, and undesirable species or subspecies of honeybees; and “(B) to have in operation precautions adequate to prevent the importation of honeybees from other countries where harmful diseases or parasites, or undesirable species or subspecies, of honeybees exist. “(b) Honeybee semen may be imported into the United States only from countries determined by the Secretary of Agriculture to be free of undesirable species or subspecies of honeybees, and which have in operation precautions adequate to prevent the importation of such undesirable honeybees and their semen. “(c) Honeybees and honeybee semen imported pursuant to subsections (a) and (b) of this section shall be imported under such rules and regulations as the Secretary of Agriculture and the Secretary of the Treasury shall prescribe. “(d) Except with respect to honeybees and honeybee semen imported pursuant to subsections (a) and (b) of this section, all honeybees or honeybee semen offered for import or intercepted entering the United States shall be destroyed or immediately exported. “(e) As used in this Act, the term ‘honeybee’ means all life stages

“Honeybee.”

 and the germ plasm of honeybees o f the genus Apis, except honeybee semen.”.
Sec. 2. Section 2 of the Act of August 31, 1922 (42 Stat. 834; 7 U.S.C. 282), is amended to read as follows:
“Sec. 2. Any person who violates any provision of section 1 of this

Penalties.

 Act or any regulation issued under it is guilty of an offense against the United States and shall, upon conviction, lie fined not more than $1,000, or imprisoned for not more than one year, or both.”.
Sec. 3. The Act of August 31, 1922, is further amended by adding the following new sections:
“Sec. 3. (a) The Secretary of Agriculture either independently

Undesirable species, eradication and control.

7 USC 284.

 or in cooperation with States or political subdivisions thereof, farmers’ associations, and similar organizations and individuals, is authorized90 STAT. 710 to carry out operations or measures in the United States to eradicate, suppress, control, and to prevent or retard the spread of undesirable species and subspecies of honeybees. “(b) The Secretary of Agriculture is authorized to cooperate with the Governments of Canada, Mexico, Guatemala, Belize, Honduras, El Salvador, Nicaragua, Costa Rica, Panama, and Colombia, or the local authorities thereof, in carrying out necessary research, surveys, and control operations in those countries in connection with the eradition, suppression, control, and prevention or retardation of the spread of undesirable species and subspecies of honeybees, including but not limited to Apis mellifera adansonii, commonly known as the African or Brazilian honeybee. The measure and character of cooperation carried out under this subsection on the part of such countries, including the expenditure or use of funds appropriated pursuant to this Act, shall be such as may be prescribed by the Secretary of Agriculture. Arrangements for the cooperation authorized by this subsection shall lie made through and in consultation with the Secretary of State. “(c) In performing the operations or measures authorized in this Act, the cooperating foreign country, State, or local agency shall be responsible, for the authority to carry out such operations or measures on all lends and properties within the foreign country or State, other than those owned or controlled by the Federal Government of the United States, and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary.
“Sec. 4.

7 USC 285.

 Funds appropriated to carry out the provisions of this Act may also be used for printing and binding without regard to section 501 of title 44, United States Code, for employment, by contract or otherwise, of civilian nationals of Canada, Mexico, Guatemala, Belize, Honduras, El Salvador, Nicaragua, Costa Rica, Panama, and Colombia for services abroad, and for the construction and operation of research laboratories, quarantine stations, and other buildings and facilities.
“Sec. 5.

Appropriation authorization.

7 USC 286.

 There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.”.
Approved June 25, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1160 (Comm. on Agriculture). SENATE REPORT No. 94–193 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 16, considered and passed Senate.

Vol. 122 (1976): June 7, considered and passed House, amended.

June 15, Senate concurred in House amendment.

 Public Law 94–320: To authorize certain flagpoles to be located on the Capitol Grounds, and to improve the flow of traffic to and from the United States Capitol Grounds and the National Visitor Center. Public Law 320 Public Law 94–320 90 Stat. 711 1976-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 711 Public Law 94–320 94th Congress
An Act To authorize certain flagpoles to be located on the Capitol Grounds, and to improve the flow of traffic to and from the United States Capitol Grounds and the National Visitor Center.

June 25, 1976

[S. 3161]

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

U.S. Capitol Grounds.

U. S. State flags, placement; flow of traffic, improvement.

40 USC 801 note.

 approval of the Architect of the Capitol and to such conditions as he may prescribe, the Secretary of the Interior is authorized to make such use of that portion of the United States Capitol Grounds adjacent or in close proximity to the sidewalks abutting the circular perimeter of the Union Station Plaza in front of Columbus Plaza and the National Visitor Center as may be necessary to enable the Secretary of the Interior to erect and maintain flagpoles to fly the Hags of each of the States of the United States and its territories and possessions, generally as shown on NCPC Map File Numbered 1.11 (38.00)–27861.
Sec. 2. (a) Notwithstanding any other provision of law, the Architect of the Capitol is authorized, subject to the provisions of this Act and to such conditions as the Architect of the Capitol may prescribe, to enter into an agreement with the appropriate officials of the government of the District of Columbia pursuant to which the Architect of the Capitol is authorized to permit the government, of the District of Columbia to utilize certain areas of the United States Capitol Grounds for the purpose of making certain street changes in order to coordinate and improve the flow of traffic to and from the United States Capitol Grounds and the National Visitor Center (formerly Union Station). and the flow of traffic within Union Station Plaza. (b) Pursuant to such agreement, the Architect of the Capitol is authorized to make available to the government of the District of Columbia, for the purposes referred to in subsection (a), certain portions of the United States Capitol Grounds as follows: (1) approximately two thousand one hundred square feet of land in Square 680, at the east end thereof, located within the United States Capitol Grounds adjacent to the Union Station Plaza, Massachusetts Avenue, and E Street Northeast, in order to enable the government of the District of Columbia to carry out the purposes referred to in subsection (a) of this section, and to change the, curbline, and relocate existing sidewalks and curbs, to conform to such street change; (2) approximately three thousand five hundred square feet of land in Square 723, at the northwest end thereof, located within the United States Capitol Grounds adjacent to the Union Station Plaza, First. Street, and Massachusetts Avenue Northeast, in order to enable the government of the District of Columbia to carry out the purposes referred to in subsection (a) of this section, and to change the curbline, and relocate existing sidewalks and curbs, to conform to such street change; and (3) approximately four hundred square feet of land in Square 721, at the southwest end thereof, located within the United States Capitol Grounds adjacent to the Union Station Plaza and Massachusetts Avenue Northeast, in order to enable the government90 STAT. 712 of the District of Columbia to carry out the purposes referred to in subsection (a) of this section, and to change the curbline, and relocate existing sidewalks and curbs, to conform to such street change.
Sec. 3. Nothing in this Act shall be construed to grant to the Secretary of the Interior or to the government of the District of Columbia any right, title, or interest in or to any part of the United States Capitol Grounds and such area affected by this Act or any agreement pursuant thereto shall continue to be a part of the United States Capitol Grounds. All areas of the United States Capitol Grounds, including sidewalks, lawns and other growth, streets, and curblines, disturbed by reason of operations pursuant to this Act shall be promptly relocated or restored by the Secretary of the Interior or the government of the District of Columbia, as the case may be, in a manner approved by, and satisfactory to the Architect of the Capitol.
Sec. 4. The Congress shall not incur any expense, liability, obligation, or other responsibility (operational or otherwise), under or by reason of this Act, or any agreement pursuant to this Act, or be liable under any claim of any nature or kind that may arise from either the construction, operation, or maintenance of the flagpoles authorized by this Act, or from carrying out any agreement pursuant to this Act.
Approved June 25, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1078 (Comm. on Public Works and Transportation). SENATE REPORT No. 94–699 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 18, considered and passed Senate.

May 17, considered and passed House, amended.

June 15, Senate concurred in House amendment.

 Public Law 94–321: To amend title 38 of the United States Code In order to clarify the purposes for which tile Administrator of Veterans’ Affairs may release the names and/or addresses of present and former members of the Armed Forces and their dependents. Public Law 321 Public Law 94–321 90 Stat. 713 1976-06-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 713 Public Law 94–321 94th Congress
An Act To amend title 38 of the United States Code In order to clarify the purposes for which tile Administrator of Veterans’ Affairs may release the names and/or addresses of present and former members of the Armed Forces and their dependents.

June 29, 1976

[H.R. 10268]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Armed Forces.

Members and dependents, release of information.

 3301 of title 38, United States Cods, is amended by— (1) inserting “(a)” before “All”; (2) striking out “follows:” and inserting in lieu thereof “provided in this section.”, and inserting thereafter the following new subsection: “(b) The Administrator shall make disclosure of such flies, records, reports, and other papers and documents as are described in subsection (a) of this section as follows:”; (3) redesignating paragraphs (6), (7), (8), and (9) as subsections (c)j (d), (e), and (f),respectively; (4) striking out “The,” at the beginning of subsection (e) (as redesignated by clause (3) of this subsection) and inserting in lieu thereof “Except as otherwise specifically provided in this section with respect to certain information, the”; and (5) striking out subsection (f) (as redesignated by clause (3) of this subsection) and inserting in lieu thereof the following new subsections: “(f) The Administrator may, pursuant to regulations the Administrator

Organizations and agencies authorized to receive information.

 shall prescribe, release the names or addresses, or both, of any present or former members of the Armed Forces, and/or their dependents, (I) to any nonprofit organization if the release, is directly connected with the conduct of programs and the utilization of benefits under this title, or (2) to any criminal or civil law enforcement governmental agency or instrumentality charged under applicable law with the protection of the public health or safety if a qualified representative of such agency or instrumentality has made a written request that such names or addresses be provided for a purpose authorized by law. Any organization or member thereof or other person who, knowing

Unauthorized use, penalty.

 that the use of any name or address released by the Administrator pursuant to the preceding sentence is limited to the, purpose specified in such sentence, willfully uses such name or address for a purpose other than those so specified, shall be guilty of a misdemeanor and be fined not more than $5,000 in the case of a first offense and not more than $20,000 in the case of any subsequent offense. “(g) Any disclosure made pursuant to this section shall be made in accordance with the provisions of section 552a of title 5.”. 90 STAT. 714 (b)

Effective date.

38 USC 3301 note.

 The amendments made by subsection (a) of this section with respect to subsection (f) (as redesignated by subsection (a)(3) of this section) of section 3301 of title 38, United States Code (except for the increase in criminal penalties for a violation of the second sentence of such subsection (f)), shall be effective with respect to names or addresses released on and after October 24, 1972.
Approved June 29, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–704 (Comm. on Veterans’ Affairs). SENATE REPORT No. 94–892 (Comm. on Veterans’ Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 15, considered and passed House.

Vol. 122 (1976): June 2, considered and passed Senate, amended.

June 16, House agreed to Senate amendments.

 Public Law 94–322: To authorize and request the President to establish a “National Bicentennial Highway Safety Year”. Public Law 322 Public Law 94–322 90 Stat. 715 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 715 Public Law 94–322 94th Congress
Joint Resolution To authorize and request the President to establish a “National Bicentennial Highway Safety Year”.

June 30, 1976

[H.J. Res. 726]

 Whereas 1976 will mark the two hundredth anniversary of the founding of our Nation; and Whereas the President of the United States has called for the Bicentennial celebration to be an occasion for redefining and rededicating ourselves to our common purposes; and Whereas a central and unifying theme for the Nation’s two hundredth commemoration is improving the quality of life in America; and Whereas the carnage on our highways each year exacts an appalling toll in lives, injuries, and national treasure: and Whereas the two million Americans who have died on the Nation’s highways since the beginning of the automobile age far exceed the combined totals of all the fatalities suffered in all the wars that this country has fought, since its founding; and Whereas hundreds of millions of Americans—men, women, and children—are planning to see and participate in Bicentennial activities; and Whereas twenty million visitors from abroad are expected to travel to this country in order to join in our Bicentennial celebration; and Whereas the overwhelming majority of those participating in Bicentennial related activities will travel on the Nation’s roadways; and Whereas emphasis on highway safety during our Nation’s two hundredth anniversary is absolutely essential to assure that 1976 does not become a year of unparalleled carnage and slaughter; and Whereas the Congress of the. United States has provided the legislative mandate and the, financial means for substantially reducing highway accidents, injuries, and fatalities: Now, therefore, lie it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That the President is hereby

National Bicentennial Highway Safety Year.

Designation authorization.

authorized and requested to issue a proclamation designating the twelve-month period commencing with the calendar month beginning after the date of the enactment of this Act as the “National Bicentennial Highway Safety Year” and call upon all Americans, in all walks of life, in both the public and private sectors, to participate in programs and activities conducted in connection with such year: Be it further

Resolved, That it is the sense of Congress that—

 (1) each month of the National Bicentennial Highway Safety Year shall focus on a specific area of activity which offers the prospect of achieving substantial reductions in accidents, injuries, and fatalities on our Nation’s highways during the Nation’s Bicentennial celebration and in succeeding years, as follows: (A) January—Safety Education; (B) February—Safer Bridges; (C) March—Pedestrian and Bicycle Safety; (D) April—Pavement Marking and Delineation; (E) May—Highway Hazard Removal; (F) June—Safety Belts and Child Restraints; (G) July—Safer Driving; 90 STAT. 716 (H) August—Roadside Obstacle Elimination; (I) September—Save Our Children; (J) October—Signs and Signals; (K) November—Railroad Crossing Protection; and (L) December—Alcohol and Problem Drinkers; and (2)

the projects and programs of the National Bicentennial Highway Safety Year shall be formulated so as to involve individuals, groups, and public and private sector organizations where they live, where they work, where they travel, and where they operate in order that tile lifesaving aims, goals, and priorities of the National Bicentennial Highway Safety Year may be vigorously pursued and fully realized; and be it further

Resolved, That the lives saved and injuries prevented through this national effort shall symbolize the rededication of the American people to living and working together in a spirit of mutual cooperation, harmony, dignity, and respect in order to achieve better, healthier, happier lives for all.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–980 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94–946 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 5, considered and passed House.

June 16, considered and passed Senate.

 Public Law 94–323: To authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park in the States of Alaska and Washington, and for other purposes. Public Law 323 Public Law 94–323 90 Stat. 717 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 717 Public Law 94–323 94th Congress
An Act To authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park in the States of Alaska and Washington, and for other purposes.

June 30, 1976

[S. 98]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) in order

Klondike Gold Rush National Historical Park, Alaska-Wash.

Establishment.

16 USC 410bb.

Map.

 to preserve in public ownership for the benefit and inspiration of the people of the United States, historic structures and trails associated with the Klondike Gold Rush of 1898, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to establish the Klondike Gold Rush National Historical Park (hereinafter referred to as the “park”), consisting of a Seattle unit, a Skagway unit, a Chilkoot Trail unit, and a White Pass Trail unit. The boundaries of the Skagway unit, the Chilkoot Trail unit, and the White Pass Trail unit shall be as generally depicted on a drawing consisting of two sheets entitled “Boundary Slap, Klondike Gold Rush National Historical Park”, numbered 20,013–B and dated May, 1973, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Within the Pioneer

Publication in Federal Register.

 Square Historic District in Seattle as depicted on a drawing entitled “Pioneer Square Historic District”, numbered 20,010–B and dated May 19, 1973, which shall also be on file and available as aforesaid, the Secretary may select a suitable site for the Seattle unit and publish a description of the site in the Federal Register. The Secretary may

Relocation.

Limitations.

 relocate the site of the Seattle unit by publication of a new description in the Federal Register, and any property acquired for purposes of the unit prior to such relocation shall be subject to disposal in accordance with the Federal surplus property laws: Provided, That the Seattle unit shall be within the Pioneer Square Historic District. After

Revision, advising congressional committees.

Publication in Federal Register.

 advising the Committees on Interior and Insular Affairs of the Congress of the United States, in writing, the Secretary may revise the boundaries of the park from time to time, by publication of a revised map or other boundary description in the Federal Register, but the total area of the park may not exceed thirteen thousand three hundred acres. (b) (1) The Secretary may acquire lands, waters, and interests

Land acquisition.

 therein within the park by donation, purchase, lease, exchange, or transfer from another Federal agency. Lands or interests in lands owned by the State of Alaska or any political subdivision thereof may be acquired only by donation. Lands under the jurisdiction of any Federal agency may, with the concurrence of such agency, be transferred without consideration to the Secretary for the purposes of the park. (2) The Secretary is authorized to acquire outside the boundaries of the park, by any of the above methods, not to exceed fifteen acres of land or interests therein located in, or in the vicinity of the city of Skagway, Alaska, for an administrative site; and to acquire by any of the above methods, up to ten historic structures or interests in such structures located in the city of Skagway but outside the Skagway unit, for relocation within such unit as the Secretary deems essential for adequate preservation and interpretation of the park. 90 STAT. 718 (c)

Existing rights.

 All lands acquired pursuant to this Act shall be taken by the Secretary subject to all valid existing rights granted by the United

Rights-of-way.

 States for railroad, telephone, telegraph, and pipeline purposes. The, Secretary is authorized to grant rights-of-way, easements, permits, and other benefits in, through and upon all hinds acquired for the White Pass Trail unit for pipeline purposes, pursuant to the Acts of February 25, 1920 (41 Stat. 449), August 21, 1935 (19 Stat. 678), and August 12, 1953 (67 Stat. 557), and for railroad purposes pursuant to

43 USC 270.

 the Act of May 14, 1898 (30 Stat. 409): Provided, That significant adverse impacts to park resources will not result. (d) The Secretary is authorized to grant to the State of Alaska a highway right-of-way across lands in the Chilkoot Trail unit, in the area of Dyea, for the purpose of linking the communities of Haines and Skagway by road if he finds that (1) there is no feasible and prudent alternative to the use of such lands, (2) the road proposal includes all possible planning to minimize harm to the park resulting from such road use, and (3) to grant such right-of-way will not have significant adverse effects on the historical and archeological resources of the park and its administration, protection, and management in accordance with the purposes of this Act.
Sec. 2

Publication in Federal Register.

16 USC 410bb–1.

Administration.

 (a) The Secretary shall establish the park by publication of a notice to that effect in the Federal Register at such time as he deems sufficient lands, waters, and interests therein have been acquired for administration in accordance with the purposes of this Act. Pending such establishment and thereafter, the Secretary shall administer lands, waters, and interests therein acquired for the park in accordance with the provisions of the Act approved August 25, 1916 (39 Stat.

43 USC 1457.

16 USC 461.

Cooperation.

 53), as amended and supplemented, and the Act approved August 21, 1935 (49 Stat. 666), as amended. (b) The Secretary is authorized to cooperate and enter into agreements with other Federal agencies, State and local public bodies, and private interests, relating to planning, development, use, acquisition, or disposal (including as provided in section 5 of the Act of July 15,

16 USC 460l–22.

 1968, 82 Stat. 356; 16 U.S.C. 4601–22) of lands, structures, and waters in or adjacent to the park or otherwise affecting the administration, use, and enjoyment thereof, in order to contribute to the development and management of such lands in a manner compatible with the purposes of the park. Such agreements, acquisitions, dispositions, development, or use and land-use plans shall provide for the preservation of historical sites and scenic areas, recreation, and visitor enjoyment to the fullest extent practicable. (c)

Restoration.

 Notwithstanding any other provision of law, the Secretary may restore and rehabilitate property within the park pursuant to cooperative agreements without regard as to whether title thereto is in the United States.
Sec. 3.

Consultation with Canadian officials.

16 USC 410bb–2.

Proclamation authorization.

Klondike Gold Rush International Historical Park.

 (a) The Secretary, in cooperation with the Secretary of State, is authorized to consult and cooperate with appropriate officials of the Government of Canada and Provincial or Territorial officials regarding planning and development, of the park, and an international historical park. At such time as the Secretary shall advise the President of the United States that planning, development, and protection of the adjacent or related historic and scenic resources in Canada have been accomplished by the Government of Canada in a manner consistent with the purposes for which the park was established, and upon enactment of a provision similar to this section by the propel’ authority of the Canadian Government, the President is authorized to issue90 STAT. 719 a proclamation designating and including the park as part of an international historical park to be known as Klondike Gold Rush International Historical Park. (b) For purposes of administration, promotion, development, and support by appropriations, that part of the Klondike Gold Rush International Historical Park within the territory of the United States shall continue to be designated as the “Klondike Gold Rush National Historical Park”.
Sec. 4. There are hereby authorized to be appropriated such sums

Appropriation authorization.

16 USC 410bb–3.

 as may be necessary to carry out the purposes of this Act, but not more than $2,655,000 for the acquisition of lands and interests in lands, and not more than $5,885,000 for development.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1153 accompanying H.R. 1194 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–166 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 4, considered and passed Senate.

Vol. 122 (1976): June 8, considered and passed House, amended, in lieu of H.R. 1194.

June 18, Senate concurred in House amendments.

 Public Law 94–324: To amend chapter 37 of title 38, United States Code, to increase the maximum Veterans’ Administration’s guaranty for mobile home loans from 3U to 50 percent, to make permanent the direct loan revolving fund, to extend entitlement under chapter 37 to those veterans who served exclusively between World War II and the Korean conflict, and for other purposes. Public Law 324 Public Law 94–324 90 Stat. 720 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 720 Public Law 94–324 94th Congress
An Act To amend chapter 37 of title 38, United States Code, to increase the maximum Veterans’ Administration’s guaranty for mobile home loans from 3U to 50 percent, to make permanent the direct loan revolving fund, to extend entitlement under chapter 37 to those veterans who served exclusively between World War II and the Korean conflict, and for other purposes.

June 30, 1976

[S. 2529]

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

Veterans Housing Amendments Act of 1976.

38 USC 1801 note.

38 USC 1801.

38 USC 1807.
That this Act may be cited as the “Veterans Housing Amendments Act of 1976”.
Sec. 2. (a) Subchapter I of chapter 37 of title 38, United States Code, is amended by adding at the end thereof the following new section:
“§ 1807. Service after July 25, 1947, and prior to June 27, 1950 “Each veteran whose only active duty service occurred after July 25, 1947, and prior to June 27, 1950, and who— “(1) served for a period of more than 180 days and was discharged or released therefrom under conditions other than dishonorable; or “(2) served for a period of 180 days or less and was discharged or released for a service-connected disability; shall be eligible for benefits of this chapter.”.
(b) The table of sections for subchapter I of chapter 37 of title 38, United States Code, is amended by adding at the end thereof the following new item: “1807.
Sec. 3. Section 1811(d) of title 38, United States Code, is amended— (1) by striking out in paragraph (2)(A) “$21,000” the first time it appears and inserting in lieu thereof “$33,000”, by striking out in paragraph (2)(A) “$21,000”, the second time it appears and all that follows thereafter and inserting in lieu thereof “$33,000.”; and (2) by striking out in paragraph (3) “$21,000;” and all that follows thereafter and inserting in lieu thereof “$33,000.”.
Sec. 4. Section 1818(a) of title 38, United States Code, is amended to read as follows: “(a) Each veteran who served on active duty, any part of which occurred after January 31, 1955, and who— “(1) served for a period of more than 180 days and was discharged or released therefrom under conditions other than dishonorable; “(2) has served more than 180 days in active duty status and continues on active duty without a break therein; or “(3) was discharged or released from active duty after such date for a service-connected disability; shall be eligible for the benefits of this chapter, subject to the provisions of this section.”.
Sec. 5. Section 1819(c)(3) of title 38, United States Code, is amended by striking out “30 per centum” and inserting in lieu thereof “50 percent” in the first sentence.
90 STAT. 721
Sec. 6. Section 1823 of title 38, United States Code, is amended— (1) by striking out in subsection (a) all of the last sentence thereof; and (2) by striking out in subsection (c) before the period at the end of the last sentence “, and not later than June 30, 1976, he shall cause to be so deposited all sums in such account and all amounts received thereafter in repayment of outstanding obligations, or otherwise, except so much thereof as he may determine to be necessary for purposes of liquidation of loans made from the revolving fund and for the purposes of meeting commitments under section 1820(e) of this title”.
Sec. 7. Chapter 37 of title 38, United States Code, is amended—

38 USC 1801 et seq.

 (1) by striking out in section 1801(a)(2) “widow”, “her own”, and “her husband” wherever they appear and inserting in lieu thereof “surviving spouse”, “the spouse’s own”, and “the spouse”, respectively; (2) by striking out in section 1801 (a)(3) “wife” and “her husband” wherever they appear and inserting in lieu thereof “spouse” and “the spouse”, respectively; (3) by striking out in section 1802(b), including clause (3), “he” and “his” and inserting in lieu thereof “the Administrator” and “the, veteran-transferee’s”, respectively; (4) by striking out in subsections (c) and (d) of section 1802 “He”, “him”, and “he” whenever they appear and inserting in lieu thereof “The Administrator”, “the Administrator”, and “the Administrator”, respectively; (5) by striking out in subsections (e) and (g) of section 1802 “him” and “his wife” wherever they appeal’ and inserting in lieu thereof “the Administrator” and “the veteran’s spouse”, respectively; (6) by striking out in section 1803(d)(3) “he” and inserting in lien thereof “the Administrator”: (7) by striking out in section 1804(c) “he” and “his” wherever they appear and inserting in lieu thereof “the veteran” and “the veteran’s”, respectively; (8) by striking out in section 1804(d) “he” and inserting in lieu thereof “the. Administrator”; (9) by striking out in section 1805(a) “his” wherever it appears and inserting in lien thereof “the Administrator’s”; (10) by striking out in section 1806(a) “his” and inserting in lieu thereof “the seller’s”; (11) by striking out in section 1810(a) “him”, “his”, and “he” wherever they appear and inserting in lieu thereof “the veteran”, “the veteran’s”, and “the Administrator”, respectively; (12) by striking out. in section 1811(b) “he” and “He” and inserting in lieu thereof “the Administrator” and “The Administrator”, respectively; (13) by striking out in section 1811(c) “he” wherever it appears and inserting in lien thereof “the veteran”; (14) by striking out in section 1811(g) “him” and “he” and inserting in lieu thereof “the Administrator”; (15) by striking out in section 1811 (k) “his” and “he” wherever they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (16) by striking out in section 1815(a) “he” and inserting in lieu thereof “the Administrator”; 90 STAT. 722 (17)

38 USC 1816.

 by striking out in subsections (a) and (b) of section 1816 “his” and “he” wherever they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (18) by striking out in section 1817(a) “him” wherever it appears and inserting in lieu thereof “the veteran”, by striking out “he” the first time it appears and inserting in lieu thereof “the Administrator”, by striking out “has obligated himself” and inserting in lieu thereof “is obligated”, and by striking out “he” the second and third time it appears and inserting in lieu thereof “the transferee”; (19) by striking out in section 1817(b) “him” and “he” and inserting in lieu thereof “the veteran” and “the Administrator”, respectively; (20) by striking out in paragraphs (1) and (3) of section 1819(c) “he” wherever it appears and inserting in lieu thereof “the Administrator”; (21) by striking out in paragraphs (1) and (3) of section 1819(d) “his” and “he” wherever they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (22) by striking out in paragraphs (4) and (5) of section 1819(e) “subparagraph”, “he”, and “his” and inserting in lieu thereof “subsection”, “the veteran”, and “the veteran’s”, respectively; (23) by striking out in subsections (f), (h), (k), and (1) of section 1819 “he” and “his” wherever they appear and inserting in lieu thereof “the Administrator” and “the manufacturer’s”, respectively; (24) by striking out in clauses (1) and (5) of section 1820(a) “his” and “lie” wherever they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively; (25) by striking out in sect ion 1820(a)(6) “him” and inserting in lieu thereof “the Administrator”; (26) by striking out in paragraphs (1) and (2) of section 1820(e) “he”, “him”, and “his” wherever they appear and inserting in lieu thereof “the Administrator”, “the Administrator”, and “the Administrator’s”, respectively; (27) by striking out in subsections (a) and (c) of section 1823 “he” and “his” wherever they appear and inserting in lieu thereof “the Administrator” and “the Administrator’s” respectively; (28) by striking out in section 1824(d) “his” and inserting in lieu thereof “the Administrator’s”; (29) by striking out in section 1825 “he” and inserting in lieu thereof “said person”; (30) by striking out in section 1826 “he” and “ widow” wherever they appear and inserting in lieu thereof “the Administrator” and “surviving spouse”, respectively; and (31) by striking out in subsections (a) and (b) of section 1827 “he” and “his” wherever they appear and inserting in lieu thereof “the Administrator” and “the Administrator’s”, respectively.
Sec. 8.

12 USC 1709–1a.

 (a) The provisions of the constitution of any State expressly limiting the amount, of interest which may be charged, taken, received, or reserved by certain classes of lenders and the provisions of any law90 STAT. 723 of that State expressly limiting the amount of interest which may be charged, taken, revived, or reserved shall not apply to— (1) any loan or mortgage which is secured by a one- to four-family dwelling and which is (A) insured under title I or II of the National Housing Act, or (B) insured, guaranteed, or made

12 USC 1702, 1707.

38 USC 1801 et seq.

 under chapter 37 of title 38, United States Code; or (2) any temporary construction loan or other interim financing if at the time such loan is made or financing is arranged, the intention to obtain permanent financing substantially by means of loans or mortgages so insured, guaranteed, or made is declared, (b) The provisions of this section shall apply to such loans, mortgages, or other interim financing made, or executed in any State until the effective date (after the date of enactment of this section) of a provision of law of that State limiting the amount of interest, which may be charged, taken, received, or reserved on such loans, mortgages, or financing.
Sec. 9. (a) Except as provided in subsection (b), the provisions of

Effective dates.

38 USC 1801 note.

 this Act shall become effective on the date of enactment. (b) Sections 2 and 3 shall become effective on October I, 1976. Section 5 shall become, effective on July 1, 1976.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1129 accompanying H.R. 13724 (Comm. on Veterans’ Affairs). SENATE REPORT No. 94–806 (Comm. on Veterans’ Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 13, considered and passed Senate.

May 18, considered and passed House, amended, in lieu of H.R. 13724.

June 11, Senate concurred in House amendments with amendments.

June 16, House concurred in Senate amendments.

 Public Law 94–325: To extend the authorization for appropriations to carry out the Endangered Species Act of 1973. Public Law 325 Public Law 94–325 90 Stat. 724 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 724 Public Law 94–325 94th Congress
An Act To extend the authorization for appropriations to carry out the Endangered Species Act of 1973.

June 30, 1976

[S. 3122]

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

Endangered Species Act of 1973; appropriation authorization, extension.
That section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended— (1) by striking out “ (A) not to exceed $4,000,000” and all that follows through “$10,000,000 for fiscal year 1976,” in paragraph (A) thereof and inserting in lieu thereof “(1) not to exceed $10,000,000 for the fiscal year ending June 30, 1976, not to exceed $1,800,000 for the fiscal transitional period ending September 30, 1976, and not to exceed a total of $25,000,000 for the fiscal year ending September 30, 1977 and the fiscal year ending September 30, 1978,”; and (2) by striking out “(B) not to exceed $2,000,000” and all that follows through “$2,000,000 for fiscal year 1976,” in paragraph (B) thereof and inserting in lieu thereof “(2) not to exceed $2,000,000 for the fiscal year ending June 30, 1976, not to exceed $500,000 for the fiscal transitional period ending September 30, 1976, and not to exceed a total of $5,000,000 for the fiscal year ending September 30, 1977 and the fiscal year ending September 30, 1978,”.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–887 accompanying H.R. 8092 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94–837 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol, 122 (1976):

Mar. 15, H.R. 8092 considered and passed House.

May 18, considered and passed Senate.

June 17, considered and passed House, in lieu of H.R. 8092.

 Public Law 94–326: To extend the Marine Protection, Research, and Sanctuaries Act for two years. Public Law 326 Public Law 94–326 90 Stat. 725 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 725 Public Law 94–326 94th Congress
An Act To extend the Marine Protection, Research, and Sanctuaries Act for two years.

June 30, 1976

[S. 3147]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 111 of

Marine Protection, Research, and Sanctuaries Act of 1972, extension.

 the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1420) is amended— (1) by striking out “and” immediately after “fiscal year 1976,”; and (2) by adding immediately after “September 30, 1976),” the following: “and not to exceed $4,800,000 for fiscal year 1977,”.
Sec. 2. Section 112 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1421) is amended— (1) by striking out “Administrator shall” and inserting in lieu thereof “Administrator, the Secretary, and the Secretary of the department in which the Coast Guard is operating shall each individually”; (2) by striking out “June 30 of each year” and inserting in lieu thereof “March 1 of each year”.
Sec. 3. The last sentence of section 204 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1444) is amended by inserting immediately before the period the following: “, and not to exceed $5,600,000 for fiscal year 1977”.
Sec. 4. Section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended— (1) by striking out “and” immediately after “fiscal year 1976,”; and (2) by adding immediately after “September 30, 1976)” the following “, and not to exceed $500,000 for fiscal year 1977”.
Approved June 30, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–860 (Comm. on Commerce). CONGRESSIONAL RECORD. Vol. 122 (1976):

May 21, 25, considered and passed Senate.

June 17, considered and passed House.

 Public Law 94–327: Relating to the display of certain historical documents within the United States Capitol Building during the calendar year 1976. Public Law 327 Public Law 94–327 90 Stat. 726 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 726 Public Law 94–327 94th Congress
An Act Relating to the display of certain historical documents within the United States Capitol Building during the calendar year 1976.

June 30, 1976

[S. 3475]

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

Historical documents.

Display within the U.S. Capitol.
That nothing contained in the provisions of section 1815 of the Revised Statutes of the United States (40 U.S.C. 189), or any other law, shall be construed as prohibiting the Architect of the Capitol, during the Bicentennial year from displaying, in such manner and within such area of the United States Capitol Building, as the Architect of the Capitol, with the approval of the Joint Committee on the Library, shall determine, the historical drawings which resulted from the architectural competition held in 1793 for the design of the United States Capitol Building.
Sec. 2. For the purpose of displaying such historical drawings in the United States Capitol Building, the Architect of the Capitol, under the direction of the Joint Committee on the Library, is authorized to enter into such arrangements or agreements as may be necessary in order to assure the protection of the aforementioned drawings while such drawings a re under his supervision.
Approved June 30, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–924 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 10, considered and passed Senate.

June 18, considered and passed House.

 Public Law 94–328: To amend the Higher Education Act of 1966, and for other purposes. Public Law 328 Public Law 94–328 90 Stat. 727 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 727 Public Law 94–328 94th Congress
Joint Resolution To amend the Higher Education Act of 1966, and for other purposes.

June 30, 1976

[S.J. Res. 203]

 Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled,
That this joint resolution

Emergency Technical Provisions Act of 1976.

20 USC 1001 note.

20 USC 1074.

 may be cited as the “Emergency Technical Provisions Act of 1976”.
Sec. 2. (a) The first sentence of section 424(a) of the Higher Education Act of 1965 is amended by striking out “for the fiscal year ending June 30, 1975” and inserting in lieu thereof the following: “each for the fiscal year ending June 30, 1975, for the fiscal year ending June 30, 1976, and for the period beginning July 1, 1976, and ending September 30, 1976”. (b) Section 428(a)(5) of such Act is amended by striking out

20 USC 1078.

 “June 30, 1975” and inserting in lieu thereof “September 30, 1976”. (c) Section 2(a)(7) of the Emergency Insured Student Loan Act of 1969 is amended by striking out “July 1, 1975” and inserting in

20 USC 1078a.

 lieu thereof “October 1, 1976”. (d) The amendments made by this section shall not be deemed to

Extension, limitation.

20 USC 1226a note.

42 USC 2756 note.

42 USC 2756.

 authorize the automatic extension of the programs so amended, under section 414 of the General Education Provisions Act, beyond the date specified in such amendments. (e) For the purposes of section 446(b) of the Higher Education Act of 1965, the period beginning July 1, 1976, and ending September 30, 1977, shall be treated as one fiscal year, any other provision of law to the contrary notwithstanding, (f) Section 411 of the Higher Education Act of 1965 is amended by

20 USC 1070a.

 inserting at the end thereof the following new subsection: “(c) Any institution of higher education which enters into an agreement with the Commissioner to disburse to students attending that institution the amounts those students are eligible to receive under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish a function of the Commissioner.”.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1281 accompanying H.J. Res. 984 (Comm. on Education and Labor). SENATE REPORT No. 94–954 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol, 122 (1976):

June 17, considered and passed Senate.

June 21, considered and passed House, lieu of H.J. Res. 984.

 Public Law 94–329: To amend the Foreign Assistance Act of 1961 and the Foreign Military Sales Act, and for other purposes. Public Law 329 Public Law 94–329 90 Stat. 729 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 729 Public Law 94–329 94th Congress
An Act To amend the Foreign Assistance Act of 1961 and the Foreign Military Sales Act, and for other purposes.

June 30, 1976

[H.R. 13680]

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

International Security Assistance and Arms Export Control Act of 1976.

22 USC 2151 note.

 be cited as the “International Security Assistance and Arms Export Control Act of 1976”.
<num value="I">TITLE I—</num> <heading class="inline">MILITARY ASSISTANCE PROGRAM</heading> <section> <heading class="smallCaps centered">authorization</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">Section 504(a) of the Foreign Assistance Act of 1961 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2312">22 USC 2312</ref>.</p></sidenote> amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content> <p class="inline">There is authorized to be appropriated to the President to carry out the purposes of this chapter $196,700,000 for the fiscal year 1976 and $177,300,000 for the fiscal year 1977. Not more than the<sidenote><p class="firstIndent0 fontsize8">Limitation.</p></sidenote> following amounts of funds available for carrying out this chapter (other than funds appropriated under section 507 of the International Security Assistance and Arms Export Control Act of 1976) may be allocated and made available to each of the following countries for such fiscal years:</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:50%; text-align:left; vertical-align:bottom">  Country</th> <th style="width:25%; text-align:right; vertical-align:top">Fiscal Year 1976 Amount</th> <th style="width:25%; text-align:right; vertical-align:top">Fiscal Year 1977 Amount</th> </tr> </thead> <tbody> <tr> <td style="text-align:left" leaders="yes">Greece</td> <td style="text-align:right">$31, 000,000</td> <td style="text-align:right">$33, 000, 000</td> </tr> <tr> <td style="text-align:left" leaders="yes">Indonesia</td> <td style="text-align:right">13, 000, 000</td> <td style="text-align:right">15, 000, 000</td> </tr> <tr> <td style="text-align:left" leaders="yes">Jordan</td> <td style="text-align:right">50, 000, 000</td> <td style="text-align:right">55, 000, 000</td> </tr> <tr> <td style="text-align:left" leaders="yes">Republic of Korea</td> <td style="text-align:right">55, 000, 000</td> <td style="text-align:right">8, 300, 000</td> </tr> <tr> <td style="text-align:left" leaders="yes">Philippines</td> <td style="text-align:right">17, 000, 000</td> <td style="text-align:right">17, 000, 000</td> </tr> <tr> <td style="text-align:left" leaders="yes">Thailand</td> <td style="text-align:right">16, 000, 000</td> <td style="text-align:right">16, 000, 000</td> </tr> <tr> <td style="text-align:left" leaders="yes">Turkey</td> <td style="text-align:right">31, 000, 000</td> <td style="text-align:right">50, 000, 000</td> </tr> <tr> <td style="text-align:left" leaders="yes">Ethiopia</td> <td style="text-align:right">6, 000, 000</td> <td style="text-align:right">6, 000, 000</td> </tr> </tbody> </table> <p class="indent0 firstIndent0 fontsize10">The amount specified in this paragraph for military assistance to any such country for fiscal year 1976 or for fiscal year 1977 may be increased by not more than 10 per centum of such amount if the President deems such increase necessary for the purposes of this chapter.</p> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Not to exceed $6,000,000 of the funds available for fiscal year 1976 to carry out the purposes of this chapter, and not to exceed $3,700,000 of the funds available for fiscal year 1977 to carry out the purposes of this chapter (other than funds appropriated under section 507 of the International Security Assistance and Arms Export Control Act of 1976), may be used to provide assistance to international organizations and, subject to the limitations contained in paragraph (3), to countries which are not designated in paragraph (1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Funds available for assistance under this chapter may not be used to furnish assistance to more than 20 countries (including those countries designated in paragraph (1)) in fiscal year 1976. Funds available for assistance under this chapter (other than funds appropriated under section 507 of the International Security Assistance and Arms Export Control Act of 1976) may not be used to furnish assistance to more than 12 countries (including those countries designated in paragraph (1)) in fiscal year 1977.</content> </paragraph> <page identifier="/us/stat/90/730">90 STAT. 730</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2351/2364">22 USC 2351, 2364</ref>.</p></sidenote> <content>The authority of section. 610(a) and of section 614(a) may not be used to increase any amount specified in paragraph (1) or (2). The limitations contained in paragraphs (1), (2), and (3) shall not<sidenote><p class="firstIndent0 fontsize8"><i>Infra</i>.</p><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> apply to emergency assistance furnished under section 506(a).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>There is authorized to be appropriated to the President, for administrative and other related expenses incurred in carrying out the purposes of this chapter, $32,000,000 for the fiscal year 1976 and $70,000,000 for the fiscal year 1977.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num><sidenote><p class="firstIndent0 fontsize8">Prohibition.</p></sidenote> <content>None of the funds appropriated under this subsection shall be used to furnish sophisticated weapons systems, such as missile systems or jet aircraft for military purposes, (o any less developed country not specified in paragraph (1) unless the President, determines that the furnishing of such weapons systems is important to the national security of the United States and reports within thirty days each such determination to the Congress.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>Amounts appropriated under this subsection are authorized to remain available until expended.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>Assistance for Turkey under this chapter shall be subject to<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2370">22 USC 2370</ref>.</p></sidenote> the requirements of section 620(x) of this Act.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">special authority</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2318">22 USC 2318</ref>.</p></sidenote> <content class="inline">Section 506(a) of the. Foreign Assistance Act. of 1961 is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>If the President first determines and reports to Congress<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2411">22 USC 2411</ref>.</p></sidenote> in accordance with section 652 of this Act—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>that an unforeseen emergency exists which requires immediate, military assistance to a foreign country or international organization;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>that a failure to respond immediately to that emergency will result, in serious harm to vital United States security interests; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>that the emergency requirement cannot be met under<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 734.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p></sidenote> authority of the Arms Export. Control Act or any other law except this section;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">he may order defense articles from the stocks of the Department of Defense and defense services for the purposes of this part, subject to reimbursement from subsequent appropriations made specifically therefor under subsection (b).</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The total value of defense articles and defense services ordered under this subsection in any fiscal year may not exceed $67,500,000. The authority contained in this subsection shall be effective in any fiscal year only to the extent, provided in an appropriation Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The President shall keep the Congress fully and currently informed of all defense articles and defense services ordered under this subsection.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">stockpiling of defense articles for foreign countries</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2321h">22 USC 2321h</ref>.</p></sidenote> <content class="inline">Section 514 of the Foreign Assistance Act of 1961 is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="514"><inline class="smallCaps">“Sec</inline>. 514. </num> <heading><inline class="smallCaps">Stockpiling of Defense Articles for Foreign Countries</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>No defense article in the inventory of the Department of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be made available to or for use by any foreign country unless such transfer is authorized under this Act or the Arms Export Control Act, or any subsequent corresponding legislation, and the value of such transfer is charged<page identifier="/us/stat/90/731">90 STAT. 731</page> against funds authorized under such legislation or against the limitations specified in such legislation, as appropriate, for the fiscal period in which such defense article is transferred. For purposes of this<sidenote><p class="firstIndent0 fontsize8">“Value.”</p></sidenote> subsection, ‘value’ means the acquisition cost plus crating, packing, handling, and transportation costs incurred in carrying out this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The value of defense articles to he set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization) in stockpiles located in foreign countries may not exceed in any fiscal year an amount greater than is specified in security assistance authorizing legislation for that fiscal year.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The value of such additions to stockpiles in foreign countries shall not exceed $93,750,000 for the period beginning July 1, 1975, and ending September 30, 1976, and $125,000,000 for the fiscal year 1977.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Except for stockpiles in existence on the date of enactment of t he International Security Assistance and Arms Export Control Act of 1976 and for stockpiles located in countries which are members of the North Atlantic Treaty Organization, no stockpile may be located outside the boundaries of a United States military base or a military base used primarily by the United States.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>No defense article transferred from any stockpile which is made available to or for use by any foreign country may be considered an excess defense article for the purpose of determining the value thereof.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>The President shall promptly report to the Congress each<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> new stockpile, or addition to an existing stockpile, described in this section of defense articles valued in excess of $10,000,000 in any fiscal year.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">termination of military assistance advisory groups and missions</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <chapeau class="inline">Section 515 of the Foreign Assistance Act of 1961 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2321i">22 USC 2321i</ref>.</p></sidenote> amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>Effective July 1, 1976,</quotedText>” and inserting in lieu thereof “<quotedText>(a) During the, period beginning July 1, 1976, and ending September 30, 1977,</quotedText>”: and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>After September 30, 1977, no military assistance advisory group, military mission, or other organization of United States military personnel performing similar military advisory functions under this Act may operate in any foreign country unless specifically authorized by the Congress.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The President may assign not more than three members of the Armed Forces of the United States to the Chief of each United States Diplomatic Mission to perform such functions as such Chief of Mission determines necessary with respect to international military education and training provided under chapter 5 of this part, to sales<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>. p. 732.</p><p class="firstIndent0 fontsize8"><i>Post</i>. p. 734.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p></sidenote> of defense articles and services under the Arms Export Control Act, or to such other international security assistance programs as the President may designate. After September 30, 1977, no such functions or related activities may be performed by any defense attaches assigned, detailed, or attached to the United States Diplomatic Mission in any foreign country.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>After September 30, 1976, the number of military missions, groups, and similar organizations may not exceed 34.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>As used in this section, the term ‘military assistance advisory<sidenote><p class="firstIndent0 fontsize8">Definition.</p></sidenote> group, military mission, or other organization of United States mili-<page identifier="/us/stat/90/732">90 STAT. 732</page>tary personnel performing similar military advisory functions under this Act’ does not include regular units of Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and allies of the United States.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">termination of authority to furnish grant military assistance</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="516"><inline class="smallCaps">“Sec</inline>. 516. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2321j">22 USC 2321j</ref>.</p></sidenote> <heading><inline class="smallCaps">Termination of Authority</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>Except to the extent that the Congress may, subsequent to the enactment of this section, authorize the furnishing of military assistance in accordance with this chapter to specified countries in specified amounts, the authorities contained in this chapter (other than the authorities contained in<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2318">22 USC 2318</ref>.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, pp. 730, 731.</p></sidenote> sections 506, 514, and 515(b)(2)) may not be exercised after September 30, 1977, except that such authorities shall remain available until September 30, 1980, to the extent necessary to carry out. obligations incurred under this chapter on or before September 30, 1977.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau>Funds available to carry out this chapter shall be available notwithstanding the limitations contained in paragraphs (2) and (3)<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 729,</p></sidenote> of section 504(a) of this Act—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>for the winding up of military assistance programs under this chapter, including payment of the costs of packing, crating, handling, and transporting defense articles furnished under this chapter and of related administrative costs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2311">22 USC 2311</ref>.</p></sidenote> <content>for costs incurred under section 503(c) with respect to defense articles on loan to countries no longer eligible under section 604(a) for military assistance.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">international, military education and training</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new chapter: <quotedContent> <chapter> <num value="5"><inline class="smallCaps">“Chapter</inline> 5—</num> <heading class="inline"><inline class="smallCaps">International Military Education and Training</inline></heading> <section class="firstIndent1 fontsize10"> <num value="541"><inline class="smallCaps">“Sec</inline>. 541. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2347">22 USC 2347</ref>.</p></sidenote> <heading><inline class="smallCaps">General Authority</inline>.—</heading> <chapeau class="inline">The President is authorized to furnish, on such terms and conditions consistent with this Act as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries. Such training and education may be provided through—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>attendance at military educational and training facilities in the United States (other than Service academies) and abroad;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>observation and orientation visits to military facilities and related activities in the United States and abroad.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="542"><inline class="smallCaps">“Sec</inline>. 542. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2347a">22 USC 2347a</ref>.</p></sidenote> <heading><inline class="smallCaps">Authorization</inline>.—</heading> <content class="inline">There arc authorized to be appropriated to the President to carry out the purposes of this chapter $27,000,000<sidenote><p class="firstIndent0 fontsize8">Report to Speaker of the House and congressional committee.</p></sidenote> for the fiscal year 1976 and $30,200,000 for the fiscal year 1977. After June 30, 1976, no training under this section may be conducted outside the United States unless the President has reported and justified such training to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </section> <page identifier="/us/stat/90/733">90 STAT. 733</page> <section class="firstIndent1 fontsize10"> <num value="543"><inline class="smallCaps">“Sec</inline>. 543. </num> <heading><inline class="smallCaps">Purposes</inline>.—</heading> <chapeau class="inline">Education and training activities conducted<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2347b">22 USC 2347b</ref>.</p></sidenote> under this chapter shall be designed—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to encourage effective and mutually beneficial relations and increased understanding between the United States and foreign countries in furtherance of the goals of international peace and security; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to improve the ability of participating foreign count lies to utilize their resources, including defense articles and defense services obtained by them from the United States, with maximum effectiveness, thereby contributing to greater self-reliance by such countries.”.</content> </paragraph> </section> </chapter> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The Foreign Assistance Act of 1961 is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 510 is repealed. <sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2321a">22 USC 2321a</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2382">22 USC 2382</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Section 622 is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in subsection (b) by inserting “<quotedText>and military education and training</quotedText>” immediately after “<quotedText>(including civic action)</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by amending subsection (c) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.”.</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>Section 623 is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2383">22 USC 2383</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in subsection (a)(4) by inserting “<quotedText>and related civilian</quotedText>” immediately after “<quotedText>military</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in subsection (a)(6) by Inserting “<quotedText>, education and training</quotedText>” immediately after “<quotedText>assistance</quotedText>”,</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>Section 632 is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2392">22 USC 2392</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in subsections (a) and (e) by inserting “<quotedText>, military education and training</quotedText>” immediately after “<quotedText>articles</quotedText>” where-ever it appears; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in subsection (b) by striking out “<quotedText>and defense articles</quotedText>” and inserting in lieu thereof “<quotedText>, defense articles, or military education and training</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>Section 636 is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2396">22 USC 2396</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in subsection (g)(1) by inserting “<quotedText>, military education and training</quotedText>” immediately after “<quotedText>articles</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in subsection (g)(2) and in subsection (g)(3) by striking out “<quotedText>personnel</quotedText>” and inserting in lieu thereof “<quotedText>and related civilian personnel</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <chapeau>Section644 is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2403">22 USC 2403</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by amending subsection (f) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>‘Defense service’ includes any service, test, inspection, repair,<sidenote><p class="firstIndent0 fontsize8">“Defense service.”</p></sidenote> publication, or technical or other assistance or defense information used for the purposes of furnishing military assistance, but does not include military educational and training activities under chapter 5 of part II.”; and</content> </subsection> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="n">“(n) </num> <content>‘Military education and training’ includes formal or informal<sidenote><p class="firstIndent0 fontsize8">“Military education and training.”</p></sidenote> instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, con-<page identifier="/us/stat/90/734">90 STAT. 734</page>tractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces.”.</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2321a">22 DSC 2321a note</ref>.</p></sidenote> <content>Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law amended or repealed by this section shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2347">22 USC 2347 note</ref>.</p></sidenote> <content>Funds made available pursuant to other provisions of law for foreign military educational and training activities shall remain available for obligation and expenditure for their original purposes in accordance with the provisions of law originally applicable to those purposes or in accordance with the provisions of law currently applicable to those purposes.</content> </subsection> </section> <num value="II">TITLE II—</num> <heading class="inline">ARMS EXPORT CONTROLS</heading> <section> <heading class="smallCaps centered">change in title</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The first section of the Foreign Military Sales Act is amended by striking out “<quotedText> ‘The Foreign Military Sales Act</quotedText>” and inserting in lieu thereof “<quotedText>the ‘Arms Export Control Act</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Any reference to the Foreign Military Sales Act shall be deemed to be a reference to the Arms Export Control Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">arms sales policy</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 1 of the Foreign Military Sales Act is amended by striking out the last paragraph and inserting tn lieu thereof the following new paragraphs: <quotedContent> <chapeau> <p class="firstIndent1 fontsize10">“It shall be the policy of the 1 unfed States to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments. United States programs for or procedures governing the export, sale, and grant of defense, articles and defense services to foreign countries and international organizations shall be administered in a manner which will carry out this policy.</p> <p class="firstIndent1 fontsize10">“It is the sense of the Congress that the President should seek to initiate multilateral discussions for the purpose of reaching agreements among the principal arms suppliers and arms purchasers and other countries with respect to the control of the international trade in armaments. It is further the sense of Congress that the President should work actively with all nations to cheek and control the international sale and distribution of conventional weapons of death and destruction and to encourage regional arms control arrangements. In furtherance of this policy, the President should undertake a concerted effort to convene an international conference of major arms-supplying and arms-purchasing nations which shall consider measures to limit conventional arms transfers in the interest of international peace and stability.</p> <p class="firstIndent1 fontsize10">“It is the sense of the Congress that the aggregate value of defense articles and defense services—</p> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>which are sold under section 21 or section 22 of this Act; or</content> </paragraph> <page identifier="/us/stat/90/735">90 STAT. 735</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>which are licensed or approved for export under section 38 of this Art to, for the use, or for benefit of the armed forces, police, intelligence, or other internal security forces of a foreign country or international organization under a commercial sales contract;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">in any fiscal year should not exceed current levels.”.</continuation> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The President shall conduct a comprehensive study of the<sidenote><p class="firstIndent0 fontsize8">Study.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p></sidenote> arms sales policies and practices of the United States Government, including policies mid practices with respect to commercial arms sales, in order to determine whether such policies and practices should be changed. Such study shall examine the rationale for arms sales to foreign countries, the benefits to the United States of such arms sales, the risks to world peace as a result of such anus sales, trends in arms sales by the United States and other countries, and steps which might be taken by the United States to provide for limitations on arms sales. In addition, such study shall include an evaluation of the impact of United States arms sales policies on the economic and social development of foreign countries and consideration of steps which might be taken by the United States to encourage the maximum use of the resources of the developing countries for economic and social development purposes.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Not later than the end of the one-year period beginning on the<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> date of enactment, of this section, the President shall submit to the Congress a report setting forth in detail (A) the findings made and conclusions reached as a result of the study conducted pursuant to paragraph (1) of this subsection, together with such recommendations for legislation as the President deems appropriate, (B) the efforts made by the United States during the five years immediately preceding the submission of such report to initiate and otherwise encourage arms sales limitations, and (C) the efforts being made by the United States at the time of the submission of such report to initiate and otherwise encourage arms sales limitations in accordance with the policies stated in the amendment made by subsection (a) of this section.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">transfer of defense services</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 3(a)(2) of the Foreign Military Sales Act is amended, effective July 1, 1976, by inserting immediately after<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2753">22 USC 2753 and note</ref>.</p></sidenote> “<quotedText>article</quotedText>” each time it appears “or related training or other defense service”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 305(a) of the Foreign Assistance Act of 1961 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2314">22 USC 2314 and note</ref>.</p></sidenote> amended, effective July 1, 1976, by inserting immediately after “<quotedText>articles</quotedText>” each time it appears “or related training or other defense service.”.</content> </subsection> </section> <section> <heading class="smallCaps centered">approval for transfer of defense articles</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 3 of the Foreign Military Sales Act is amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2753">22 USC 2753</ref>.</p></sidenote> by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <chapeau>The President may not give his consent under paragraph (2)<sidenote><p class="firstIndent0 fontsize8">Written certification, submittal to Speaker of the House and congressional committee.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2314">22 USC 2314</ref>.</p></sidenote> of subsection (a) or under the third sentence of such subsection to a transfer of a defense article, or related training or other defense service. sold under this Act and may not give his consent to such a transfer under section 505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961 unless, 30 days prior to giving such consent, the President submits to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a written certification with respect to such proposed transfer containing—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the name of the country or international organization proposing to make such transfer,</content> </paragraph> <page identifier="/us/stat/90/736">90 STAT. 736</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a description of the defense article or related training or other defense service proposed to be transferred, including the original acquisition cost of such defense article or related training or other defense service,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the name of the proposed recipient of such defense article or related training or other defense service,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the reasons for such proposed transfer, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the date on which such transfer is proposed to be made.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Any certification submitted to Congress pursuant to this subsection shall be unclassified, except that information regarding the dollar value and number of defense articles, or related training or other defense services, proposed to be transferred may be classified if public disclosure thereof would be clearly detrimental to the security of the United States.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num><sidenote><p class="firstIndent0 fontsize8">Report to Speaker of the House and congressional committee.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2314">22 USC 2314</ref>.</p></sidenote> <content>If the President receives any information that a transfer of any defense article, or related training or other defense service, has been made without his consent as required under this section or under section 505 of the Foreign Assistance Act of 1961, he shall report such information immediately to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The second sentence of subsection (a) of section 3 of the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2753">22 USC 2753</ref>.</p></sidenote> Foreign Military Sales Act is amended by striking out “<quotedText>, and prior</quotedText>” and ail that follows thereafter through “<quotedText>transferred</quotedText>” the second time it appears.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The first sentence of section 505(e) of the Foreign Assistance<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2314">22 USC 2314</ref>.</p></sidenote> Act of 1961 is amended by striking out “<quotedText>, and prior</quotedText>” and all that follows thereafter through “<quotedText>transferred</quotedText>” the second time it appears.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">sales from stocks</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2761">22 USC 2761</ref>.</p></sidenote> <content class="inline">Section 21 of the Foreign Military Sales Act is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="21"><inline class="smallCaps">“Sec</inline>. 21. </num> <heading><inline class="smallCaps">Sales From Stocks</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The President may sell defense articles and defense services from the stocks of the Department of Defense to any eligible country or international organization if such country or international organization agrees to pay in United States dollars—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>in the case of a defense, article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>in the ease of the sale of a defense service, the full cost to the United States Government of furnishing such service.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Except as provided by subsection (d) of this section, payment shall be made in advance or, if the President determines it to be in the national interest, upon delivery of the defense article or rendering of the defense service.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Personnel performing defense services sold under this Act may not perform any duties of a combatant nature, including any duties related to training, advising, or otherwise providing assistance regarding combat activities, outside the United States in connection with the performance of those defense services.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>If the President determines it to be in the national interest, pursuant to subsection (b) of this section, billings for sales made<page identifier="/us/stat/90/737">90 STAT. 737</page> under letters of offer issued under this section after the enactment of this subsection may be dated and issued upon delivery of the defense article or rendering of the defense service and shall be due and payable upon receipt thereof by the purchasing country or international organization. Interest shall be charged on any net amount due and payable which is not paid within sixty days after the date of such billing. The rate of interest charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last day of the month preceding the billing and shall be computed from the date of billing. The President may extend such sixty-day period to one hundred and twenty days if he determines that emergency requirements of the purchaser for acquisition of such defense articles or defense services exceed the ready availability to the purchaser of funds sufficient to pay the United States in full for them within such sixty-day period and submits that determination to the Congress together with a special emergency request for the authorization and appropriation of additional funds to finance such purchases under this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>After September 30, 1976, letters of offer for the sale of defense articles or for the sale of defense services that are issued pursuant to this section or pursuant to section 22 of this Act shall include<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2762">22 USC 2762</ref>.</p></sidenote> appropriate charges for—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>administrative services, calculated on an average percentage basis to recover the full estimated costs of administration of sales made under this Act to all purchasers of such articles and services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>any use of plant and production equipment in connection with such defense articles; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>a proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The, President may reduce or waive the charge or charges<sidenote><p class="firstIndent0 fontsize8">Reduction or waiver.</p></sidenote> which would otherwise be considered appropriate under paragraphs (1)(B) and (1)(C) for particular sales that would, if made, significantly advance United States Government interests in North Atlantic Treaty Organization standardization, or foreign procurement in the United States under coproduction arrangements.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>Any contracts entered into between the United States and a foreign country under the authority of this section or section 22 of tills Act shall be prepared in a manner which will permit them to be made available for public inspection to the fullest extent possible consistent with the national security of the United States.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <content>In carrying out section 814 of the Act of October 7, 1975<sidenote><p class="firstIndent0 fontsize8">NATO standardization agreements.</p><p class="firstIndent0 fontsize8"><ref href="/us/stat/89/540">89 Stat. 540</ref>.</p></sidenote> (Public Law 94–106), the President may enter into North Atlantic Treaty Organization standardization agreements for the cooperative furnishing of training on a bilateral or multilateral basis, if the financial principles of such agreements are based on reciprocity. Such agreements shall include reimbursement for all direct costs but may exclude reimbursement for indirect costs, administrative surcharges, and costs of billeting of trainees (except to the extent that members of the United States Armed Forces occupying comparable accommodations are charged for such accommodations by the United States). Each such agreement shall be transmitted promptly to the Speaker<sidenote><p class="firstIndent0 fontsize8">Transmittal to Speaker of the House and congressional committees.</p></sidenote> of the House, of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate.”.</content> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/90/738">90 STAT. 738</page> <section> <heading class="smallCaps centered">sales from stocks affecting united states combat readiness</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Section 21 of the Foreign Military Sales Act, as amended<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 736.</p></sidenote> by section 205 of this Act, is further amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="h">“(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Sales of defense articles and defense services which could have significant adverse effect on the combat readiness of the Armed Forces of the United States shall be kept to an absolute minimum.<sidenote><p class="firstIndent0 fontsize8">Written statement, transmittal to Speaker of the House and congressional committees.</p></sidenote> The President shall transmit to the Speaker of the House of Representatives and the Committees on Armed Services and Foreign Relations of the Senate on the same clay a written statement giving a complete explanation with respect to any proposal to sell, under this section, any defense articles or defense services if such sale could have a significant adverse effect on the combat readiness of the Armed Forces of the United States. Each such statement shall lie unclassified except to the extent that public disclosure of any item of information contained therein would be clearly detrimental to the security of the United States. Any necessarily classified information shall be confined to a supplemental report. Each such statement shall include an explanation relating to only one such proposal to sell and shall set forth—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the country or international organization to which the sale is proposed to be made;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the amount of the proposed sale;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>a description of the defense article or service proposed to be sold;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>a full description of the impact which the proposed sale will have on the Armed Forces of the United States; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>a justification for such proposed sale, including a certification that such sale is important to the security of the United States.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">A certification described in subparagraph (E) shall take effect on the date on which such certification is transmitted and shall remain in effect for not to exceed one year.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No delivery may be made under any sale which is required to be reported under paragraph (1) of this subsection unless the certification required to be transmitted by paragraph (E) of paragraph (1) is in effect.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">procurement for cash sales</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2762">22 USC 2762</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 22(u) of the Foreign Military Sales Act is amended by adding at the end thereof the following: “<quotedText>Interest shall be charged on any net amount by which any such country or international organization is in arrears under all of its outstanding unliquidated<sidenote><p class="firstIndent0 fontsize8">Interest rate.</p></sidenote> dependable undertakings, considered collectively. The rate of interest, charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last, day of the month preceding the net arrearage and shall be computed from the date of net arrearage.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 22(b) of the Foreign Military Sales Act is amended by striking out the first sentence and inserting in lieu thereof the following: “<quotedText>The President may, if he determines it to be in the national interest, issue letters of offer under this section which provide for billing upon delivery of the defense article or rendering of the defense service and for payment within one hundred and twenty days after the date of billing. This authority may be exercised, however, only if the President also determines that the emergency requirements of the purchaser for acquisition of such defense articles and services exceed the ready availability to the purchaser of funds sufficient to make<page identifier="/us/stat/90/739">90 STAT. 739</page> payments on a dependable undertaking basis and submits both determinations to the Congress together with a special emergency request for authorization and appropriation of additional funds to finance such purchases under this Act.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">extension of payment period for credit sales</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Paragraph (1) of section 23 of the Foreign Military Sales Act is amended by striking out “<quotedText>ten years</quotedText>” and inserting in lieu<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2763">22 USC 2763</ref>.</p></sidenote> thereof “<quotedText>twelve years</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The amendment made by subsection (a) shall apply with respect<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2763">22 USC 2763 note</ref>.</p></sidenote> to financing under agreements entered into on or after the date of enactment of this Act for the procurement of defense articles to be delivered, or defense services to be rendered, after such date.</content> </subsection> </section> <section> <heading class="inline">annual estimate and justification for sales program</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Immediately after section 24 of the Foreign Military Sales Act, add the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="25"><inline class="smallCaps">“Sec</inline>. 25. </num> <heading><inline class="smallCaps">Annual Estimate and Justification for Sales Program</inline>.—</heading><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2765">22 USC 2765</ref>.</p><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The President shall transmit to the Congress, as a part of the presentation materials for security assistance programs proposed for each fiscal year, a report, which sets forth—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>an estimate of the amount of sales expected to be made to each country under sections 21 and 22 of this Act, including a<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2761/2762">22 USC 2761, 2762</ref>.</p></sidenote> detailed explanation of the foreign policy and United States national security considerations involved in expected sales to each country;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>an estimate of the amount of credits and guaranties expected to be extended to each country under sections 23 and 24 of this Act; <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2763/2764">22 USC 2763, 2764</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a list of all findings which are in effect on the date of such transmission made by the President pursuant to section 3(a)(1) of this Act, together with a full and complete justification for each such finding, explaining how sales to earn country with respect to which such finding has been made will strengthen the security of the United States and promote world peace; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>an arms control impact statement for each purchasing country, including (A) an analysis of the relationship between expected sales to each country and arms control efforts relating to that country, and (B) the impact of such expected sales on the stability of the region that includes the purchasing country.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Not later than thirty days following the receipt of a request<sidenote><p class="firstIndent0 fontsize8">Information, submittal to congressional committee.</p></sidenote> made by the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives for additional information with respect to any estimate submitted pursuant to subsection (a), the President shall submit such information to such committee.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The President shall make every effort to submit all of the information required by this section wholly in unclassified form. In the event the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 634(d) of the Foreign Assistance Act of 1961 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2394">22 USC 2394</ref>.</p></sidenote> amended by striking out “<quotedText>and military sales under this or any other Act</quotedText>” in the fourth sentence.</content> </subsection> </section> <page identifier="/us/stat/90/740">90 STAT. 740</page> <section> <heading class="smallCaps centered">military sales authorization</heading> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2771">22 USC 2771</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 31(a) of the Foreign Military Sales Act is amended by striking out “<quotedText>not to exceed $405,000,000 for the fiscal year 1975</quotedText>” and inserting in lien thereof “<quotedText>not to exceed $1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000 for the fiscal year 1977</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 31(b) of such Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The aggregate total of credits, or participations in credits, extended pursuant to this Act and of the, principal amount of loans<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2764">22 USC 2764</ref>.</p></sidenote> guaranteed pursuant to section 24(a) shall not exceed $2,374,700,000 for the fiscal year 1976, of which not less than $1,500,000,000 shall be available only for Israel, and shall not exceed $2,022,100,000 for the fiscal year 1977, of which not less than $1,000,000,000 shall be available only for Israel.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 31 of such Act is further amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Funds made, available for the fiscal years 1976 and 1977 under subsection (a) of this section shall be obligated to finance the procurement of defense articles and defense services by Israel on a long-term repayment basis either by the extension of credits, without regard<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2763">22 USC 2763</ref>.</p></sidenote> to the limitations contained in section 23, or by the issuance of guaranties under section 24. Repayment shall be hi not less than twenty years, following a grace period of ten years on repayment of principal. Israel shall be released from one-half of its contractual liability to repay the United States Government with respect to defense articles and defense services so financed for each such year.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <chapeau>The aggregate acquisition cost, to the United States of excess defense articles ordered by the President in any fiscal year after fiscal year 1976 for delivery to foreign countries or international organizations under the authority of chapter 2 of part II of the Foreign<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2311">22 USC 2311 <i>et seq</i></ref>.</p></sidenote> Assistance Act of 1961 or pursuant to sales under this Act may not exceed $100,000,000 (exclusive of ships and their on-board stores and supplies transferred in accordance with law).”.</chapeau> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsections (a), (b), (c), and (e) of section 8 of the Act entitled “<quotedText>An Act to amend the Foreign Military Sales Act and for other purposes</quotedText>”, approved January 12, 1971 (Public Law 91–672; 84<sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2321b">22 USC 2321b and notes</ref>.</p><p class="firstIndent0 fontsize8">Transfer of funds.</p></sidenote> Stat. 2053), are repealed effective July 1, 1976. All funds in the suspense account referred to in subsection (a) of such section on July 1, 1976, shall be transferred to the general fund of the Treasury.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">reports on commercial and governmental military exports; congressional action</heading> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2776">22 USC 2776</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 36 of the Foreign Military Sales Act is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="36"><inline class="smallCaps">“Sec</inline>. 36. </num> <heading><inline class="smallCaps">Reports on Commercial and Governmental Military Exports; Congressional Action</inline>.—</heading><sidenote><p class="firstIndent0 fontsize8">Report to Speaker of the House and congressional committee.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate not more than thirty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such, addendum unless such letter of offer has been the subject of an unclassified certification<sidenote><p class="firstIndent0 fontsize8">Contents.</p></sidenote> pursuant to subsection (b)(1) of this section) containing—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a listing of all letters of offer to sell any major defense equipment for $1,006,000 or more under this Act to each foreign<page identifier="/us/stat/90/741">90 STAT. 741</page> country and international organization, by category, if such letter’s of offer have not been accepts or canceled;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 23 and guaranty agreements under section 24 made during the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2763/2764">22 USC 2763, 2764</ref>.</p></sidenote> fiscal year in which such report is submitted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense, articles and defense services so licensed for each foreign country and international organization, setting forth with respect to the listed major defense equipment—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the items to be exported under the license,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the quantity and contract price of each such item to be furnished, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the name and address of the ultimate user of each such item;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>projections of the dollar amounts, by foreign country and international organization, of cash sales expected to be made under sections 21 and 22, credits to be extended under section 23,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2761/2762">22 USC 2761, 2762</ref>.</p></sidenote> and guaranty agreements to lie made under section 24 in the quarter of the fiscal year immediately following the quarter for which such report is submitted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>a projection with respect to all cash sales expected to be made and credits expected to be extended to each country and organization for the remainder of the fiscal year in which such report is transmitted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">For each letter of offer to sell under paragraphs (1) and (2), the report, shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, as the case may be; (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Force or other agency of the United States which is making the offer to sell or the sale, as the case may be.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>In the case of any letter of offer to sell any defense articles<sidenote><p class="firstIndent0 fontsize8">Certification, submittal to Speaker of the House and congressional committee.</p></sidenote> or services under this Act for $25,000,000 or more, or any major defense equipment for $7,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through<page identifier="/us/stat/90/742">90 STAT. 742</page><sidenote><p class="firstIndent0 fontsize8">Statement, transmittal to congressional committee.</p></sidenote> (iv) of subsection (a). In addition, the President shall, upon the request of subcommittee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a detailed description of the defense articles or services to be offered, including a brief description of the capabilities of any defense article to be offered;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the name of each contractor expected to provide the defense article or defense service proposed to be sold (if known on the date of transmittal of such statement);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles or services which are the subject of such sale and a description of how such country or organization intends to use such defense articles or services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>the reasons why the proposed sale is in the national interest of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or international organization to winch such sale would be made;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles or services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles or services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles or services proposed to be sold;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content>an analysis of the extent to which comparable kinds and amounts of defense articles or services are available from other countries;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="L">“(L) </num> <content>an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles or services which are the subject of such sale would be delivered; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="M">“(M) </num> <content>a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment, to the United States, an estimate of the costs to be<page identifier="/us/stat/90/743">90 STAT. 743</page> incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (ii) and the details of the description specified in clause (iii) of subsection (a) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. The letter of offer shall not be issued if the Congress, within thirty calendar days after receiving such certification, adopts a concurrent resolution stating that it objects to the proposed sale, unless the President states in his certification that an emergency exists which inquires such sale in the national security interests of the United States.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. <sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p, 765.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>In the case of an application by a person (other than with<sidenote><p class="firstIndent0 fontsize8">Certification, transmittal to Speaker of the House and congressional committee.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2761/2762">22 USC 2761, 2762</ref>.</p></sidenote> regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of $7,000,000 or more or of defense articles or defense services sold under a contract in the amount of $25,000,000 or more, not less than 30 days before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (1) the foreign country or international organization to which such export, will be made, (2) the dollar amount of the items to be exported, and (3) a description of the items to be exported. In<sidenote><p class="firstIndent0 fontsize8">Statement, transmittal to congressional committees.</p></sidenote> addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall lie unclassified, except that the information specified in paragraph (2) and the details of the description specified in paragraph (3) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>In the case of an approval under section 38 of this Act of a<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 744.</p></sidenote> United States commercial technical assistance, or manufacturing licensing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c) containing<page identifier="/us/stat/90/744">90 STAT. 744</page> comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2776">22 USC 2776 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2776">22 USC 2776</ref>.</p></sidenote> <content>The amendment made by subsection (a) of this section shall apply with respect to letters of offer for which a certification is transmitted pursuant to section 36(b) of the Arms Export Control Act on or after the date of enactment of this Act and to export licenses for<sidenote><p class="firstIndent0 fontsize8"><i>Infra</i>.</p></sidenote> which an application is filed under section 38 of such Act on or after such date.</content> </subsection> </section> <section> <heading class="smallCaps centered">control of licenses with respect to arms exports and imports</heading> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Chapter 3 of the Foreign Military Sales Act is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="38"><inline class="smallCaps">“Sec</inline>. 38. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2778">22 USC 2778</ref>.</p></sidenote> <heading><inline class="smallCaps">Control of Arms Exports and Imports</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the<sidenote><p class="firstIndent0 fontsize8">Regulations.</p></sidenote> export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Decisions on issuing export licenses under this section shall be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account the Director’s opinion as to whether the export of an article will contribute to an arms race, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control arrangements.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>As prescribed in regulations issued under this section, every person (other than an officer or employee of the United States Government acting in an official capacity) who engages in the business of manufacturing, exporting, or importing any defense articles or defense services designated by the President under subsection (a)(1) shall register with the United States Government agency charged with the administration of this section, and shall pay a registration fee which shall be prescribed by such regulations. Such regulations shall prohibit the return to the United States for sale in the United States (other than for the Armed Forces of the United States and its allies or for any State or local law enforcement agency) of any military firearms or ammunition of United States manufacture furnished to foreign governments by the United States under this Act or any other foreign assistance or sales program of the United States, whether or not enhanced in value or improved in condition in a foreign country. This prohibition shall not extend to similar firearms that have been so substantially transformed as to become, in effect, articles of foreign manufacture.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Except as otherwise specifically provided in regulations issued tinder subsection (a)(1), no defense articles or defense services designated by the President under subsection (a)(1) may be exported or imported without a license for such export or import, issued in accordance with this Act and regulations issued under this Act, except that no license shall be required for exports or imports made by or for an agency of the United States Government (A) for official use by a department or agency of the United States Government, or (B) for<page identifier="/us/stat/90/745">90 STAT. 745</page> carrying out any foreign assistance or sales program authorized by law and subject to the control of the President by other means.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>No license may be issued under this Act for the export of any major defense equipment sold under a contract in the amount of $25,000,000 or more to any foreign country which is not a member of the North Atlantic Treaty Organization unless such major defense equipment was sold under this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Any person who willfully violates any provision of this section<sidenote><p class="firstIndent0 fontsize8">Penalties.</p><p class="firstIndent0 fontsize8"><i>Post</i>, p. 767.</p></sidenote> or section 31), or any rule or regulation issued under either section, or who willfully, in a registration or license application or required report, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $100,00(1 or imprisoned not more than two years, or both.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>This section applies to and within the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>In carrying out functions under this section with respect to the export of defense articles and defense services, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies and officials by sections 6 (e), (d), (e), and (f) and 7 (a) and (c) of the Export Administration Act of 1069, subject to the same terms<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t50/app2405/2406">50 USC app. 2405, 2406</ref>.</p></sidenote> and conditions as are applicable to such powers under such Act. Nothing in this subsection shall be construed as authorizing the withholding of information from the Congress.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Section 2(b) of the Foreign Military Sales Act is amended—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2752">22 USC 2752</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>and exports</quotedText>” immediately after “<quotedText>sales</quotedText>” both times it appears; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by inserting “<quotedText>and whether there shall be delivery or other performance under such sale or export,</quotedText>” immediately after “<quotedText>thereof,</quotedText>”.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 414 of the Mutual Security Act of 1954 is repealed.<sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s1934/2778">22 USC 1934 and note, 2778 note</ref>.</p></sidenote> Any reference to such section shall be deemed to be a reference to section 38 of the Arms Export Control Act and any reference to licenses issued under section 38 of the Arms Export Control Act shall be deemed to include a reference to licenses issued under section 414 of the Mutual Security Act of 1954.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>All determinations, authorizations, regulations, orders, contracts,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s1934">22 USC 1934 note</ref>.</p></sidenote> agreements, and other actions issued, undertaken, or entered into under section 414 of the Mutual Security Act of 1954 shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">cancellation and suspension of licenses and contracts</heading> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num> <content class="inline">Section 42 of the Foreign Military Sales Act is amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2791">22 USC 2791</ref>.</p></sidenote> by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Each contract for sale entered into under sections 21 and 22 of this Act shall provide that such contract may be canceled in whole<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2761/2762">22 USC 2761, 2762</ref>.</p></sidenote> or in part, or its execution suspended, by the United States at any time under unusual or compelling circumstances if the national interest so requires.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Each export license issued under section 38 of this Act<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 744.</p></sidenote> shall provide that such license may be revoked, suspended, or amended by the Secretary of State, without prior notice, whenever the Secretary deems such action to be advisable.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Nothing in this paragraph may be construed as limiting the regulatory authority of the President under this Act.</content> </subparagraph> </paragraph> <page identifier="/us/stat/90/746">90 STAT. 746</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>There are authorized to be appropriated from time to time such sums as may be necessary (A) to refund moneys received from purchasers under contracts of sale entered into under sections 21 and 22<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2761/2">22 USC 2761, 2762</ref>.</p></sidenote> of this Act that are canceled or suspended under this subsection to the extent such moneys have previously teen disbursed to private contractors and United States Government agencies for work in progress, and (B) to pay such damages and costs that accrue from the corresponding cancellation or suspension of the existing procurement contracts or United States Government agency work orders involved.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">administrative expenses</heading> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2792">22 USC 2792</ref>.</p></sidenote> <content class="inline">Section 43 of the Foreign Military Sales Act is amended by designating the present section as subsection (a) and by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Administrative expenses incurred by any department or agency of the United States Government (including any mission or group) in carrying out functions under this Act which are primarily for the benefit of any foreign country shall be fully reimbursed from amounts received for sales under sections 21 and 22.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2794">22 USC 2794</ref>.</p></sidenote> <chapeau class="inline">Section 47 of the Foreign Military Sales Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding immediately after paragraph (2) the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>‘defense article’, except as provided bi paragraph (7) of this section, includes—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing, storage., construction, transportation, operation, or use of any article listed in this paragraph, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>any component or part of any article listed in this paragraph,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">but does not include merchant vessels or (as defined by the Atomic<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2014">42 USC 2014</ref>.</p></sidenote> Energy Act of 1954) source material, byproduct material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data;</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>‘defense service’, except as provided in paragraph (7) of this section, includes any service, test, inspection, repair, training, publication, technical or other assistance, or defense information (as defined<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2403">22 USC 2403</ref>.</p></sidenote> in section 644(e) of the Foreign Assistance Act of 1961), used for the purposes of making military sales;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>‘training’ includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces;</content> </paragraph> <page identifier="/us/stat/90/747">90 STAT. 747</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>‘major defense equipment’ means any item of significant combat equipment on the United States Munitions List having a nonrecurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000: and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>‘defense articles and defense services’ means, with respect to commercial exports subject to the provisions of section 38 of this Act,<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 744.</p></sidenote> those items designated by the President pursuant to subsection (a)(1) of such section.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">annual foreign sales report</heading> <num value="216"><inline class="smallCaps">Sec</inline>. 216. </num> <chapeau class="inline">Section 657 of the Foreign Assistance Act of 1061 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2417">22 USC 2417</ref>.</p></sidenote> amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The section caption is amended by inserting “<quotedText>and Military Exports</quotedText>” after “<quotedText>Foreign Assistance</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Paragraph (1) of subsection (a) is amended to lead as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the aggregate dollar value of all foreign assistance (including military education and training), foreign military sales, sales credits, and guaranties provided or made by the United States Government by any means to all foreign countries and international organizations, and the aggregate dollar value of such assistance, sales, sales credits, and guaranties, by category, provided or made by the United States Government to or for each such country or organization during that fiscal year;”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Paragraph (3) of subsection (a) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the aggregate dollar value and quantity of defense articles and defense services, and of military education and training, exported to each foreign country and international organization, by category, specifying whether the export was made by grant under chapter 2 or chapter 5 of part IF of this Act, by sale under chapter 2 of the Arms Export Control Act, by commercial sale licensed under chapter 3 of that Act, or by other authority; and”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Paragraph (4) of subsection (a) is repealed.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>Paragraph (5) of subsection (a) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by redesignating such paragraph as paragraph (4), and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>(4)</quotedText>” and inserting in lieu thereof “<quotedText>(3)</quotedText>”.</content> </subparagraph> </paragraph> </section> <section> <heading class="smallCaps centered">report on sales of excess defense articles</heading> <num value="217"><inline class="smallCaps">Sec</inline>. 217. </num> <chapeau class="inline">Not later than February 28, 1977, the President shall<sidenote><p class="firstIndent0 fontsize8">Transmittal to Speaker of the House and congressional committee.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p></sidenote> transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a full and complete report, regarding all sales made under the Arms Export Control Act during the period July 1, 1976, through December 31, 1976, of excess defense articles to foreign governments and international organizations (other than any such article sold solely for scrap). Such report shall set forth—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the number of such sales;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the total acquisition costs of the articles sold;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the total gross price paid for such articles exclusive of administrative, surcharges and costs of repairing, rehabilitation, or modifying such articles;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the data set forth under paragraphs (1), (2), and (3) totaled separately for those sales made at less than 33⅓ per centum of the acquisition costs thereof; and</content> </paragraph> <page identifier="/us/stat/90/748">90 STAT. 748</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the estimated total proceeds of soles of articles included under paragraph (4) if such articles had been sold instead through United States Government surplus property disposal operations and the percentage thereof that would have been paid out of such proceeds to meet direct expenses incurred in connection with such dispositions pursuant to law.</content> </paragraph> </section> <section> <heading class="smallCaps centered">study of the effects of arms export control provisions</heading> <num value="218"><inline class="smallCaps">Sec</inline>. 218. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of State, in consultation with the Secretary of Defense, shall conduct a comprehensive study of the effects of the enactment of the arms export control provisions contained in this title with a view to determining the consequences of such provisions on (1) the foreign policy of the United States, (2) the balance of payments of the United States, (3) the trade with foreign countries, (4) unemployment in the United States, and (5) weapons procurement by the Department of Defense.</content> </subsection> <subsection class="inline"> <num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">Submittal to President and Congress.</p></sidenote> <content>The Secretary of State shall submit the results of such study to the President and the Congress within one year after the date of enactment of this section, together with such comments and recommendations for legislation as he deems appropriate.</content> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">GENERAL LIMITATIONS</heading> <section> <heading class="smallCaps centered">human rights</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2304">22 USC 2304</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 502B of the Foreign Assistance Act of 1961 is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="502B"><inline class="smallCaps">“Sec</inline>. 502B. </num> <heading><inline class="smallCaps">Human Rights</inline>.—</heading> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>It is the policy of the United States, in accordance with its international obligations as set forth in the Charter of the United Nations and hi keeping with the constitutional heritage, and traditions of the United States, to promote and encourage increased respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. To this end, a principal goal of the foreign policy of the United States is to promote the increased observance of internationally recognized human rights by all countries.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>It is further the policy of the United States that, except under circumstances specified in this section, no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human lights.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In furtherance of the foregoing policy the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> <chapeau>The Secretary of State shall transmit to the Congress, as part of the presentation materials for security assistance programs proposed for each fiscal year, a full and complete report, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affairs, with respect to practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security assistance. In determining whether a government falls within the provisions of subsection (a)(3)<page identifier="/us/stat/90/749">90 STAT. 749</page> and in the preparation of any report or statement required under this section, consideration shall be given to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the relevant findings of appropriate international organizations, including nongovernmental organizations, such as the International Committee of the Red Cross; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the extent of cooperation by such government in permitting an unimpeded investigation by any such organization of alleged violations of internationally recognized human rights.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Upon the request of the Senate or the House of Representatives<sidenote><p class="firstIndent0 fontsize8">Statement, transmittal to Congress.</p></sidenote> by resolution of either such House, or upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the Secretary of State shall, within thirty days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affair’s, with respect to the country designated in such request, setting forth—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>all the available information about observance of and respect for human rights and fundamental freedom in that country, and a detailed description of practices by the recipient government with respect thereto;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>the steps the United States has taken to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>promote respect for and observance of human rights in that country and discourage any practices which are inimical to internationally recognized human rights, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>publicly or privately call attention to, and disassociate the United States and any security assistance provided for such country from, such practices;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau>whether, in the opinion of the Secretary of State, notwithstanding any such practices—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>extraordinary circumstances exist which necessitate a continuation of security assistance for such country, and, if so, a description of such circumstances and the extent to which such assistance should be continued (subject to such conditions as Congress may impose under this section), and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>on all the facts it is in the national interest of the United States to provide such assistance; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>such other information as such committee or such House, may request.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>A resolution of request under paragraph (1) of this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. <sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 765.</p><p class="firstIndent0 fontsize8">“Certification.”</p></sidenote></content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The term ‘certification’, as used in section 601 of such Act, means, for the purposes of this subsection, a resolution of request, of the Senate under paragraph (1) of this subsection.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In the event a statement with respect to a country is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith within thirty days after receipt of such request, no security assistance shall be delivered to such country except as may thereafter be specifically authorized by law from such country unless and until such statement is transmitted.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>In the event a statement with respect to a country is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating, restricting, or continuing security assistance for such country. In the event such a joint resolution is adopted, such assistance shall be so terminated, so restricted, or so continued, as the case may be.</content> </subparagraph> <page identifier="/us/stat/90/750">90 STAT. 750</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num><sidenote><p class="firstIndent0 fontsize8">“Certification.</p></sidenote> <chapeau>The term ‘certification’, as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection.</chapeau> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num><sidenote><p class="firstIndent0 fontsize8">Definitions.</p></sidenote> <chapeau>For the purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘gross violations of internationally recognized human rights’ includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, and other flagrant denial of the right to life, liberty, or the security of person; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>the term ‘security assistance’ means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>assistance under chapter 2 (military assistance) or chapter 4 (security supporting assistance) or chapter 5 (military education and training) of this part or part VI (assistance to the Middle East) of this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>sales of defense articles or services, extensions of credits (including participations in credits, and guaranties of loans under the Arms Export Control Act; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>any license in effect with respect to the export of defense articles or defense services to or for the armed forces, police, intelligence, or other internal security forces of a foreign country under section 38 of the Arms Export Control<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 744.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2384">22 USC 2384</ref>.</p></sidenote> Act.”.</content> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="B">(b) </num> <content>Section 624 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f)</num><sidenote><p class="firstIndent0 fontsize8">Coordinator for Human Rights and Humanitarian Affairs.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>There is established in the Department of State a Coordinator for Human Rights and Humanitarian Affairs. The Coordinator shall be appointed by the President with the advice and consent of the Senate. He shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 748.</p></sidenote> under section 502B of this Act through the Coordinator for Human Rights and Humanitarian Affairs.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The Coordinator for Human Rights and Humanitarian Affairs shall maintain continuous observation and review of all matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s2151n">22 USC 2151n</ref>.</p></sidenote> of sections 116 and 502B of this Act are relevant;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>preparing the statements and reports to Congress required under section 502B of this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 116 and 502B of this Act; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> <page identifier="/us/stat/90/751">90 STAT. 751</page> <section> <heading class="smallCaps centered">prohibition against discrimination</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 505 of the Foreign Assistance Act of 1961<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2314">22 USC 2314</ref>.</p></sidenote> is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>It is the policy of the United States that no assistance under this chapter should be furnished to any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) from participating in the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s7701">26 USC 7701</ref>.</p></sidenote> furnishing of defense articles or defense services under this chapter on the basis of race, religion, national origin, or sex.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>No agency performing functions under this chapter shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account, the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Each contract entered into by any such agency for the performance of any function under this chapter shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The President shall promptly transmit reports to the Speaker<sidenote><p class="firstIndent0 fontsize8">Reports, transmittal to Speaker of the House and congressional committee.</p></sidenote> of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate concerning any transaction in which any United States person (as defined in section 7701(a)(30) of the Internal Re venue Code of 1954) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the furnishing of assistance under this chapter, or education and training under chapter 5, to any foreign country. Such reports shall include (A) a description of the facts and circumstances of any such discrimination. (B) the response thereto on the part of the United States or any agency or employee thereof, and (C) the result of such response, if any.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>Upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit, to both such committees a statement, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affairs, with respect to the country designated in such request, setting forth—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national origin, or sex and prevent any such person from participating in a transaction involving the furnishing of any assistance under this chapter or any education and training under chapter 5; <sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 732.</p></sidenote></content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the response of the United States thereto and the results of such response;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <chapeau>whether, in the opinion of the President, notwithstanding any such policies or practices—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>extraordinary circumstances exist which necessitate a continuation of such assistance or education and training transaction, and, if so, a description of such circumstances<page identifier="/us/stat/90/752">90 STAT. 752</page> and the extent to which such assistance or education and training transaction should be continued (subject to such conditions as Congress may impose under this section), and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>on all the facts it is in the national interest of the United States to continue such assistance or education and training transaction; and</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>such other information as such committee may request.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>In the event a statement with respect to an assistance or framing transaction is requested pursuant to subparagraph (A) of this paragraph but is not transmitted in accordance therewith within 60 days after receipt of such request, such assistance or training transaction shall be suspended unless and until such statement is transmitted.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <clause class="inline"> <num value="i">(i) </num> <content>In the event a statement with respect to an assistance or training transaction is transmitted under subparagraph (A) of this paragraph, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such assistance or training transaction.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the international Security<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 765.</p><p class="firstIndent0 fontsize8">“Certification.’</p></sidenote> Assistance and Arms Export Control Act of 1976.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>The term ‘certification’, as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under subparagraph (A) of this paragraph.”.</content> </clause> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2755">22 USC 2755</ref>.</p></sidenote> <content>Chapter 1 of the Foreign Military Sales Act is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">“Sec</inline>. 5. </num> <heading><inline class="smallCaps">Prohibition Against Discrimination</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>It is the policy of the United States that no sales should be made, and no credits (including participations in credits) or guaranties extended to or for any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t26/s7701">26 USC 7701</ref>.</p></sidenote> defined in section 7701(a)(30) of the Internal Revenue Code of 1954) from participating in the furnishing of defense articles or defense services under this Act on the basis of race, religion, national origin, or sex.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>No agency performing functions under this Act shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each contract entered into by any such agency for the performance of any function under this Act shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="firstIndent0 fontsize8">Reports, transmittal to Speaker of the House and congressional committee.</p></sidenote> <content>The President shall promptly transmit, reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate concerning any instance in which any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the performance of any sale or licensed transaction under this Act. Such reports shall include (1) a description of the facts and circum-<page identifier="/us/stat/90/753">90 STAT. 753</page>stances of any such discrimination, (2) the response thereto on the part of the United States or any agency or employee thereof, and (3) the result of such response, if any.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Upon the request of the Committee on Foreign Relations of<sidenote><p class="firstIndent0 fontsize8">Statement, transmittal to congressional committees.</p></sidenote> the Senate or the Committee on International Relations of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affairs, with respect to the country designated in such request, setting forth—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national origin or sex and prevent any such person from participating in the performance of any sale or licensed transaction under this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the response of the United States thereto and the results of such response;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau>whether, in the opinion of the President, not with standing any such policies or practices—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>extraordinary circumstances exist which necessitate a continuation of such sale or licensed transaction, and, if so, a description of such circumstances and the extent to which such sale or licensed transaction should be continued (subject to such conditions as Congress may impose under this section), and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>on all the facts it is in the national interest of the United States to continue such sale or licensed transaction; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>such other information us such committee may request.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In the event a statement with respect to a sale or licensed transaction is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith with in 60 days after receipt of such request, such sale or licensed transaction shall be suspended unless and until such statement is transmitted.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>In the event a statement with respect to a sale or licensed transaction is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such sale or licensed transaction.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. <sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 765.</p><p class="firstIndent0 fontsize8">“Certification.”</p></sidenote></content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The term ‘certification’, as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection.”.</content> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">prohibition of assistance to countries granting sanctuary to international terrorists</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content class="inline">Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="620A"><inline class="smallCaps">“Sec</inline>. 620A. </num> <heading><inline class="smallCaps">Prohibition Against Furnishing Assistance to Countries Which Grant Sanctuary to International Terrorists</inline>.—</heading><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2371">22 USC 2371</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Except where the President finds national security to require otherwise, the President shall terminate all assistance under this Act to any government which aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism and the President may not thereafter<page identifier="/us/stat/90/754">90 STAT. 754</page> furnish assistance to such government until the end of the one year period beginning on the date of such termination, except that if during its period of ineligibility for assistance under this section such government aids or abets, by granting sanctuary from prosecution to, any other individual or group which has committed an act of international terrorism, such government’s period of ineligibility shall be extended for an additional year for each such individual or group.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">Report to Speaker of the House and congressional committee.</p></sidenote> <content>If the President, finds that national security justifies a continuation of assistance to any government described in subsection (a), he shall report such finding to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">ineligibility</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2314">22 USC 2314</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 505(d) of the Foreign Assistance Act of 1961 is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Assistance and deliveries of assistance under this chapter to any country shall be terminated as hereinafter provided, if such country uses defense articles or defense services furnished under this<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/68/832">68 Stat. 832</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s1751">22 USC 1751 note</ref>.</p></sidenote> Act, the Mutual Security Act of 1954, or any predecessor Foreign Assistance Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (A) by using such articles or services for a purpose not authorized<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2302">22 USC 2302</ref>.</p></sidenote> under section 502 or. if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 502, for a purpose not authorized under such agreement; (B) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (C) by failing to maintain the security of such articles or services.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Assistance and deliveries of assistance shall be terminated pursuant to paragraph (1) of this subsection if the President so determines and so states in writing to the Congress, or if the Congress so finds by joint resolution.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> <content>The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>Assistance to a country shall remain terminated in accordance with paragraph (1) of this subsection until such time as—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the President determines that the violation has ceased; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the country concerned has given assurances satisfactory to the President that such violation will not recur.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The authority contained in section 614(a) of this Act may not be used to waive the provisions of this section with respect to further assistance under this chapter.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2753">22 USC 2753</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 3(c) of the Foreign Military Sales Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>No credits (including participations in credits) may be issued and no guaranties may be extended for any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, or any predecessor Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (i) by using such articles or services for a purpose not authorized<page identifier="/us/stat/90/755">90 STAT. 755</page> under section 4 or, if such agreement provides that such articles or<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2754">22 USC 2754</ref>.</p></sidenote> services may only lie used for purposes more limited than those authorized under section 4 for a purpose not authorized under such agreement; (ii) by transferring such articles or services to, or permitting any use or such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (iii) by failing to maintain the security of such articles or services.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>No cash sales or deliveries pursuant to previous sales may be made with respect to any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, or any predecessor Act, in substantial violation (either in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act by using such articles or services for a purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 4, for a purpose not authorized under such agreement.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The President shall report to the Congress promptly upon the<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> receipt of information that a violation described in paragraph (1) of this subsection may have occurred.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>A country shall be deemed to be ineligible under subparagraph (A) of paragraph (1) of this subsection, or both subparagraphs (A) and (B) of such paragraph in the case of a violation described in both such paragraphs, if the President so determines and so reports in writing to the Congress, or if the Congress so determines by joint resolution.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Notwithstanding a determination by the President of ineligibility under subparagraph (B) of paragraph (1) of this subsection, cash sales and deliveries pursuant to previous sales may be made if the President certifies in writing to the Congress that a termination t hereof would have significant adverse impact on United States security, unless the Congress adopts or has adopted a joint resolution pursuant to subparagraph (A) of this paragraph with respect to such ineligibility.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>A country shall remain ineligible in accordance with paragraph (1) of this subsection until such time as—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the President determines that the violation has ceased; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the country concerned has given assurances satisfactory to the President that such violation will not recur.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 3(d) of the Foreign Military Sales Act is repealed and<sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 735.</p></sidenote> subsections (e) and (f) of such section, as added by section 204 of this Act, are redesignated as subsections (d) and (e), respectively,</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">nuclear transfers</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <content class="inline">Chapter 3 of part III of the Foreign Assistance Act of 1061 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="669"><inline class="smallCaps">“Sec</inline>. 669. </num> <heading><inline class="smallCaps">Nuclear Transfers</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Except as provided in subsection<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2429">22 USC 2429</ref>.</p></sidenote> (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the, purpose of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>providing economic assistance;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>providing military or security supporting assistance or grant military education and training; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau> <p class="inline">extending military credits or making guarantees;</p> <p class="indent1 fontsize10">to any country which—</p> </chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>delivers nuclear reprocessing or enrichment equipment, materials, or technology to any other country; or</content> </subparagraph> <page identifier="/us/stat/90/756">90 STAT. 756</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau> <p class="inline">receives such equipment, materials or technology from any other country;</p> <p class="indent1 fontsize10">unless before such delivery—</p> </chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the supplying country and receiving country have reached agreement to place all such equipment, materials, and technology, upon delivery, under multilateral auspices and management when available; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Notwithstanding the provisions of subsection (a) of this section, the President may, by Executive order effective not less than 30 days following its date of promulgation, furnish assistance which would otherwise be prohibited under paragraph (1), (2), or (3) of such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that.—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the termination of such assistance would have a serious adverse effect on vital United States interests; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Such certification shall set forth the reasons supporting such determination in each particular case.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The Congress may by joint resolution terminate or restrict assistance described in paragraphs (1) through (3) of subsection (a) with respect to a country to which the prohibition in such subsection applies or take any other action with respect to such assistance for such country as it deems appropriate.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Any such joint resolution with respect to a country shall, if introduced within 30 days after the transmittal of a certification under paragraph (1) with respect to such country, be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of<sidenote><p class="firstIndent0 fontsize8"><i>Post</i>, p. 765.</p></sidenote> 1976.”.</content> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">PROVISIONS RELATING TO SPECIFIC REGIONS OR COUNTRIES</heading> <section> <heading class="smallCaps centered">middle east policy statement</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2441">22 USC 2441</ref>.</p></sidenote> <content class="inline">Section 901 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new paragraph: <quotedContent> <p class="firstIndent1 fontsize10">“It is the sense of Congress that, the United States will continue to determine Middle East Policy as circumstances may require and that the authority contained in the joint resolution entitled ‘Joint resolution to implement the United States proposal for the early warning system in Sinai’, approved October 13, 1975 (Public Law<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2441">22 USC 2441 note</ref>.</p></sidenote> 94–110), and the authorizations contained in the amendments made by the International Security Assistance and Arms Export Control Act of 1976 do not, and shall not in any way be construed to, constitute congressional approval, acceptance, or endorsement (1) of any oral or written commitment, understanding, assurance, promise, or agreement, whether expressed or implied, or any other expression, oral or written (other than the ‘United States Proposal for the Early Warning System in Sinai’), made by any official of the United States which<page identifier="/us/stat/90/757">90 STAT. 757</page> Israel, Egypt, or any other nation or organization might construe or interpret as a basis on which it could rely or act, or (2) of any characterization of any such commitment, understanding, assurance, promise, or agreement, or other expression, as constituting a ‘codification’ of existing, congressionally approved United States policy.”.</p> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">aid for cypriot refugees</heading> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">Section 495 of the Foreign Assistance Act of 1961 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2292f">22 USC 2292f</ref>.</p></sidenote> amended by striking out “<quotedText>$30,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$40,000,000</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">assistance to turkey</heading> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content class="inline">Section 620(x)(1) of the Foreign Assistance Act of 1961,<sidenote><p class="firstIndent0 fontsize8">Suspension.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2370">22 USC 2370</ref>.</p></sidenote> as amended by section 2(c) of the Act of October 6, 1975 (Public Law 94–104), is amended by striking out “<quotedText><proviso><i>Provided</i>, </proviso></quotedText>” and all that follows through the end of paragraph (1) and inserting in lieu thereof the following: “<quotedText><proviso><i>Provided</i>, That, for the fiscal year 1976, the period beginning July 1, 1976, and ending September 30, 1976, and the fiscal year 1977, the President may suspend the provisions of this subsection and of section 3(c) of the Arms Export Control Act with respect to cash<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2753">22 USC 2753</ref>.</p></sidenote> sales and extensions of credits and guaranties under such Act for the procurement of such defense articles and defense services as the President determines are necessary to enable Turkey to fulfill her defense responsibilities as a member of the North Atlantic Treaty Organization, except, that (A) during the fiscal year 1976 and the period beginning July 1, 1976, and ending September 30, 1976, the total value of defense articles and defense services sold to Turkey under such Act, either for cash or financed by credits and guaranties, shall not exceed $125,000,000, and (B) during the fiscal year 1977, the total value, of defense articles and defense services sold to Turkey under such Act, either for cash or financed by credits and guaranties, shall not exceed $125,000,000. Any such suspension shall be effective only so long as Turkey observes the ceasefire on Cyprus, does not increase its military forces or its civilian population on Cyprus, and does not transfer to Cyprus any United States supplied arms, ammunition, or implements of war. The determination required by the proviso in the first sentence of this paragraph shall be made, on a case-by-case basis, with respect, to each cash sale, each approval for use of credits, and each approval for use of a guaranty for Turkey. Each such determination shall be reported to the Congress and shall<sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p></sidenote> be accompanied by a full and complete statement of the reasons supporting the President’s determination and a statement containing the information specified in clauses (A) through (D) of section 2(c)(4) of the Act of October 6, 1975 (Public Law 94–104). In any case<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/89/509">89 Stat. 509</ref>.</p></sidenote> involving the sale of significant combat equipment on the United States Munitions List in which the congressional review provisions of section 36(b) of the Arms Export Control Act do not apply, the<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 740.</p></sidenote> President may not issue the letter of offer or approve the use of the credits or guaranty, as the case may be, until the end of the thirty-day period beginning on the date on which the report required by the preceding sentence is submitted to the Congress.</proviso></quotedText>”.</content> </section> <section> <heading class="smallCaps centered">limitation on certain assistance to and activities in angola</heading> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Notwithstanding any other provision of law, no assistance<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2293">22 USC 2293 note</ref>.</p></sidenote> of any kind may be provided for the purpose, or which would have the effect, of promoting or augmenting, directly or indirectly, the capacity of any nation, group, organization, movement, or individual<page identifier="/us/stat/90/758">90 STAT. 758</page> to conduct military or paramilitary operations in Angola unless and until the Congress expressly authorizes such assistance by law enacted after the date of enactment of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Report to Speaker of the House and congressional commitee.</p></sidenote> <chapeau>If the President determines that assistance prohibited by subsection (a) should be furnished in the national security interests of the United States, he shall submit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a re port containing—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a description of the amounts and categories of assistance which he. recommends to be authorized and the identity of the proposed recipients of such assistance; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a certification (hat he has determined that the furnishing of such assistance is important to the national security interests of the United States and a detailed statement, in unclassified form, of the reasons supporting such determination.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The prohibition contained in subsection (a) does not apply with respect to assistance which is furnished solely for humanitarian purposes.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>The provisions of this section may not be waived under any other provision of law.</content> </subsection> </section> <section> <heading class="smallCaps centered">soviet intervention in angola</heading> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2293">22 USC 2293 note</ref>.</p></sidenote> <content class="inline">The Congress views the large-scale and continuing Soviet intervention in Angola, including active sponsorship and support of Cuban armed forces in Angola, as being completely inconsistent with any reasonably defined policy of détente, as well as with Articles 1 and 2 of the United Nations Charter, the principle of noninterference in the affairs of other countries agreed to at Helsinki in 1975, and with the spirit of recent bilateral agreements between the United States and the Union of Soviet Socialist Republics. Such intervention should be taken explicitly into account in United States foreign policy planning and negotiations.</content> </section> <section> <heading class="smallCaps centered">limitations on economic assistance, military assistance, sales, and sales credits for chile</heading> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2370">22 USC 2370 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>No military or security supporting assistance and no military education and training may be furnished under the Foreign Assistance Act of 1961 for Chile; and no credits (including participations in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act with respect to Chile. No deliveries of any such assistance, credits, or guaranties may be made to Chile on or after the date of enactment of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>No sales (including cash sales) may be made and no export license may be issued under the Arms Export Control Act with respect to Chile on or after the date of enactment of this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding any other provision of law, the total amount of economic assistance which may be made available for Chile during the period beginning July 1, 1976, and ending September 30, 1977, may not exceed $27,500,000. For purposes of this subsection, economic assistance includes any assistance of any kind which is provided, directly or indirectly, to or for the benefit, of Chile by any department, agency, or other instrumentality of the United States Government (other than assistance provided under chapter 2, 4, or 5<page identifier="/us/stat/90/759">90 STAT. 759</page> of part II of the Foreign Assistance Act of 1961 or credits or guaranties<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2311/2346">22 USC 2311, 2346</ref>.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 732.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t7/s1721">7 USC 1721</ref>.</p></sidenote> extended under the Arms Export Control Act), but does not include commodities furnished under title II of the Agricultural Trade Development and Assistance Act of 1954. This subsection shall not be construed to authorize the furnishing of any assistance which is prohibited under any other provision of law.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>The $27,500,000 limit set forth in paragraph (1) of this subsection may be increased by not to exceed $27,500,000 if the President certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Chile—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>does not engage in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges or trial, or other flagrant denials of the right, to life, liberty, or the security of person:</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>has permitted the unimpeded investigation, by internationally recognized commissions on human lights (including the United Nations Commission on Human Rights and the Inter-American Commission on Human Rights of the. Organization of American States) of alleged violations of internationally recognized human rights (as described in subparagraph (A) of this paragraph); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>has taken steps to inform the families of prisoners of the condition of and charges against such prisoners.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">control of military forces in the indian ocean</heading> <num value="497"><inline class="smallCaps">Sec</inline>. 497. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>It is the sense of Congress that the President should<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> undertake to enter into negotiations with the Soviet Union intended to achieve, an agreement limiting the deployment of naval, air, and land forces of the Soviet Union and the United States in the Indian Ocean and littoral countries. Such negotiations should be convened as soon as possible and should consider, among other things, limitations with respect to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the establishment, or use of facilities for naval, air, or land forces in the Indian Ocean and littoral countries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the number of naval vessels which may be deployed in the Indian Ocean, or the number of “shipdays” allowed therein; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the type and number of military forces and facilities allowed therein.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Not later than December 1, 1976, the President shall transmit<sidenote><p class="firstIndent0 fontsize8">Report to Speaker of the House and congressional committee.</p></sidenote> a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate with respect to steps he has taken to carry out the provisions of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">united states citizens imprisoned in Mexico</heading> <num value="408"><inline class="smallCaps">Sec</inline>. 408. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Congress, while sharing the, concern of the President<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2291">22 USC 2291 note</ref>.</p></sidenote> over the urgent need for international cooperation to restrict traffic in dangerous drugs, is convinced that such efforts must be consistent with respect for fundamental human rights. The Congress, therefore, calls upon the President to take steps to insure that United States efforts to secure stringent international law enforcement, measures are<page identifier="/us/stat/90/760">90 STAT. 760</page> combined with efforts to secure fair and humane treatment for citizens of all countries.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Congress requests that the President communicate directly to the President and Government, of the Republic of Mexico, a nation with which we have friendly and cooperative relations, the continuing desire of the United States for such relations between our two countries and the concern of the United States over treatment of United States citizens arrested in Mexico.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent0 fontsize8">Report to Speaker of the House and congressional committee.</p></sidenote> <content>The Secretary of State shall report, to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate within one hundred and twenty days after the date of enactment of this section, and every one hundred and twenty days thereafter, on progress toward full respect for the human and legal rights of all United States citizens detained in Mexico.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">emergency food needs of portugal</heading> <num value="409"><inline class="smallCaps">Sec</inline>. 409. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2293">22 USC 2293 note</ref>.</p></sidenote> <content class="inline">It is the sense of the Congress that the President should undertake immediately an evaluation of the emergency food needs of Portugal. It is further the sense of the Congress that the President should take timely action to alleviate such emergency by providing Portugal with food commodities under the provisions of pertinent statutes.</content> </section> <section> <heading class="smallCaps centered">strife in lebanon</heading> <num value="410"><inline class="smallCaps">Sec</inline>. 410. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2441">22 USC 2441 note</ref>.</p></sidenote> <content class="inline">It is the sense of the Congress that the situation in Lebanon, a nation traditionally friendly to the United States, poses a danger to peace in the Middle East. The Congress deplores the armed civil strife and the continuing erosion of national institutions which threaten to destroy the political and economic fabric of Lebanon with such tragic impact on all its people. The Congress views with grave concern any outside efforts to exploit the current strife with the purpose of transforming Lebanon into a radical state in confrontation with Israel. The Congress requests that the President use his good offices to secure an end to the civil strife and national discord in Lebanon and to preserve the traditional friendly attitude of Lebanon toward the United States.</content> </section> <section> <heading class="smallCaps centered">report on korea</heading> <num value="411"><inline class="smallCaps">Sec</inline>. 411. </num> <content class="inline">Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="668"><inline class="smallCaps">“Sec</inline>. 668. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2428">22 USC 2428</ref>.</p></sidenote> <heading><inline class="smallCaps">Report on Korea</inline>.—</heading> <content class="inline">Within ninety days after the enactment. of this section, and at least once during each of the next five years, the President shall transmit to the Speaker of the House of Representatives and to the Committees on Foreign Relations and Armed Services of the Senate a report which (1) reviews the progress made under the announced program of the Republic of Korea to modernize its armed forces so as to achieve military self-sufficiency by 1980, (2) reports on the role of the United States in mutual security efforts in the Republic of Korea, and (3) reports on the prospects for or implementation of phased reduction of United States Armed Forces assigned to duty in the Republic of Korea, in coordination with the timetable of the Republic of Korea for military self-sufficiency.”.</content> </section> </quotedContent> </content> </section> <page identifier="/us/stat/90/761">90 STAT. 761</page> <section> <heading class="smallCaps centered">korea</heading> <num value="412"><inline class="smallCaps">Sec</inline>. 412. </num> <content class="inline">The Congress views with distress the erosion of important<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2428">22 USC 2428 note</ref>.</p></sidenote> civil liberties in the Republic of Korea and requests that the President communicate this concern in forceful terms to the Government of the Republic of Korea within sixty days after enactment.</content> </section> <section> <heading class="smallCaps centered">repeal of indochina assistance</heading> <num value="413"><inline class="smallCaps">Sec</inline>. 413. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Part V of the Foreign Assistance Act of 1961 and<sidenote><p class="firstIndent0 fontsize8">Repeal.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2431/2432/2433/2434/2435/2415/2416">22 USC 2431, 2432, 2433 notes, 2434, 2435, 2415, 2416</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2431">22 USC 2431 note</ref>.</p></sidenote> sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign Assistance Act of 1974 are repealed. All determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this section shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Subject to the availability of appropriations therefor, the President is authorized to adopt as a contract, of the United States Government, and assume any liabilities arising thereunder (in whole or in part), any contract which had been funded or approved for funding by the Agency for International Development prior to June 30, 1975, for financing with funds made available under the Foreign Assistance Act of 1961 or the Foreign Assistance Act of 1974, or any equitable<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151/2151a">22 USC 2151 note, 2151a note</ref>.</p></sidenote> claim based upon a letter of intent issued prior to April 30, 1975, in which the Agency had expressed its intention to finance a transaction subject to the availability of funds, between the former Governments of Vietnam or Cambodia (including any of their agencies) or the Government of Laos (or any of its agencies) and any person and to apply with respect to any such contract the authorities of the Foreign Assistance Act of 1961.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Funds made available for the purposes of part V of the Foreign Assistance Act of 1961 and of section 36 of the Foreign Assistance Act of 1974 (including amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200), as having been obligated against appropriations heretofore made) are authorized to be appropriated, and thereafter, to remain available until expended, to meet necessary expenses arising from the actions authorized by subsection (b) of this section and such funds are authorized to remain available until expended to meet necessary expenses arising from the termination of assistance programs authorized by such part and such section 36, which expenses may include but need not be limited to the settlement of claims and associated personnel costs.</content> </subsection> </section> <section> <heading class="smallCaps centered">lebanon housing reconstruction</heading> <num value="414"><inline class="smallCaps">Sec</inline>. 414. </num> <content class="inline">Section 223 (j) of the Foreign Assistance Act of 1961 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2183">22 USC 2183</ref>.</p></sidenote> amended by striking out. “<quotedText>and</quotedText>” in the last sentence and by inserting immediately before the period at the end of such sentence “<quotedText>, and in Lebanon, not exceeding a face amount of $15,000,000</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">italy relief and rehabilitation</heading> <num value="415"><inline class="smallCaps">Sec</inline>. 415. </num> <content class="inline">Chapter 9 of part I of the Foreign Assistance. Act of 1961 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="495B"><inline class="smallCaps">“Sec</inline>. 495B. </num> <heading><inline class="smallCaps">Italy Relief and Rehabilitation</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>In addition<sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2292h">22 USC 2292h</ref>.</p></sidenote> to amounts otherwise available for such purpose, there is authorized to be appropriated $25,000,000 for the fiscal year 1976 to furnish<page identifier="/us/stat/90/762">90 STAT. 762</page> assistance under tins chapter for the relief and rehabilitation of the people who have been victimized by the recent earthquake in Italy. Amounts appropriated under this section are authorized to remain available until expended.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Obligations incurred prior to the date of enactment of this section against other appropriations or accounts for the purpose of providing relief and rehabilitation assistance to the people of Italy may be charged to the appropriations authorized under this section.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">lebanon relief and rehabilitation</heading> <num value="416"><inline class="smallCaps">Sec</inline>. 416. </num> <content class="inline">Chapter 9 of part I of the Foreign Assistance Act of 1961, as amended by section 415 of this Act, is further amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="495C"><inline class="smallCaps">“Sec</inline>. 495C. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2292i">22 USC 2292i</ref>.</p></sidenote> <heading><inline class="smallCaps">Lebanon Relief and Rehabilitation</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>The Congress, recognizing that prompt United States assistance is necessary Io alleviate the human suffering arising from civil strife in Lebanon and to restore the confidence of the people of Lebanon, authorizes the President to furnish assistance, on such terms and conditions as he may determine, for the relief and rehabilitation of refugees and other needy people in Lebanon.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <content>There is authorized to be appropriated to the President for the purposes of this section, in addition to amounts otherwise available for such purposes, $20,060,000, which amount is authorized to remain available until expended.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Assistance under this section shall be provided in accordance<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2292">22 USC 2292</ref>.</p></sidenote> with the policies and general authority contained in section 491.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>Obligations incurred prior to the date of enactment of this section against other appropriations or accounts for the purpose of providing relief and rehabilitation assistance to the people of Lebanon may be charged to the appropriations authorized under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num><sidenote><p class="firstIndent0 fontsize8">Reports to Speaker of the House and congressional committees.</p></sidenote> <content>Not later than sixty days after the date of enactment of appropriations to carry out this section, and on a quarterly basis thereafter, the President shall transmit reports to the Committees on Foreign Relations and Appropriations of the Senate and to the Speaker of the House of Representatives regarding the programing and obligation of funds under this section.”.</content> </subsection> </section> </quotedContent> </content> </section> <num value="V">TITLE V—</num> <heading class="inline">MISCELLANEOUS AUTHORIZATIONS</heading> <section> <heading class="smallCaps centered">security supporting assistance</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2346a">22 USC 2346a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="532"><inline class="smallCaps">“Sec</inline>. 532. </num> <heading><inline class="smallCaps">Authorization</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>There is authorized to be appropriated to the President to carry out the purposes of this chapter for the fiscal year 1976 $1,766,260,600, of which not less than $65,000,000 shall be available only for Greece, $730,000,006 shall be available only for Israel, and $705,000,000 shall be available only for Egypt, and for the fiscal year 1977 $1,860,000,000, of which not less than $785,000,000 shall be available only for Israel, not less than $750,000,000 shall be available only for Egypt, not less than $27,500,000 shall be available only for Zambia, and not less than $27,500,000 shall be available only for Zaire. Amounts appropriated under this section are authorized to remain available until expended.</content> </subsection> <page identifier="/us/stat/90/763">90 STAT. 763</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>None of the funds made available under this section for Zaire and Zambia may be used for military, guerrilla, or paramilitary activities in either such country or in any other country.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Assistance furnished under this chapter to Zaire and Zambia for fiscal year 1977 shall not be counted for purposes of the limitation contained in the last sentence of section 531 on the number of countries<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2346">22 USC 2346</ref>.</p></sidenote> which may receive assistance under this chapter in any fiscal year.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">middle east special requirement fund</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <chapeau class="inline">Section 903 of the Foreign Assistance Act of 1961 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2443">22 USC 2443</ref>.</p></sidenote> amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (a), by striking out “<quotedText>for the fiscal year 1975 not to exceed $100,009,000</quotedText>” and inserting in lieu thereof “<quotedText>for the fiscal year 1976 not to exceed $50,000,000 and for the fiscal year 1977 not to exceed $35,000,000</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out subsection (c) and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Funds appropriated under subsection (a) shall be available to assist the Governments of Egypt and Israel in carrying out activities under the Agreement of October 10, 1975, and to pay the costs of implementing the United States proposal for the early warning system in Sinai. Such funds may be obligated without regard to the provisions of subsection (b) of this section to the extent that the proposed obligation has been justified to the Congress prior to the enactment of this subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>Of the amount authorized to be appropriated in subsection (a) for the fiscal years 1976 and 1977, not less than $12,000,000 for each such year shall constitute a contribution by the United States toward the settlement of the deficit of the United Nations Relief and Works Agency for Palestine Refugees in the Middle East, if the President determines that a reasonable number of other countries will contribute a fair share toward the settlement of such deficit within a reasonable period of time after the date of enactment of the International Security Assistance and Arms Export Control Act of 1976. In determining such<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 729.</p></sidenote> fair share, the President shall take into consideration the economic position of each such country. Such $24,000,000 shall be in addition to any other contribution to such Agency by the United States pursuant to any other provision of law.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>Funds made available under this section may be obligated without regard to the provisions of subsection (b) of this section for programs contained in the presentation materials submitted to Congress for the fiscal year 1977.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">contingency fund</heading> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <chapeau class="inline">Chapter 5 of part I of the Foreign Assistance Act of 1961<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2261">22 USC 2261</ref>.</p></sidenote> is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the chapter heading, by striking out “<quotedText>Disaster Relief</quotedText>” and inserting hi lieu thereof “<quotedText>Contingency Fund</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>in section 451(a)—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2261">22 USC 2261</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>for the fiscal year 1975 not to exceed $5,000,000,</quotedText>” and inserting in lieu thereof “<quotedText>for the fiscal year 1976 not to exceed $5,000,000 and for the fiscal year 1977 not to exceed $5,000,000</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>or by section 639</quotedText>”; and</content> </subparagraph> <page identifier="/us/stat/90/764">90 STAT. 764</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by adding at the end thereof the following new sentence: “Amounts appropriated under this section are authorized to remain available until expended.”.</content> </subparagraph> </paragraph> </section> <section> <heading class="smallCaps centered">international narcotics control</heading> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2291a">22 USC 2291a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 482 of the Foreign Assistance Act of 1961 is amended by inserting immediately before the period at the end of the first sentence “<quotedText>, $40,000,000 for the fiscal year 1976, no part of which may be obligated for or on behalf of any country where illegal traffic in opiates has been a significant problem unless and until the President determines and certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that assistance furnished to such country pursuant to the authority in this chapter is significantly reducing the amount of illegal opiates entering the international market, and not to exceed $34,000,000 for the fiscal year 1977</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2291">22 USC 2291</ref>.</p></sidenote> <content>Section 481 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding any other provision of law, no officer or employee of the United States may engage or participate in any direct police arrest action in any foreign country with respect to narcotics control efforts.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent0 fontsize8">Study, transmittal to Speaker of the House and President of the Senate.</p></sidenote> <content>The President shall carry out a study with respect to methods through which United States narcotics control programs in foreign countries might be placed under the auspices of international or regional organizations. The results of such study shall be transmitted to the Speaker of the House of Representatives and the President of the Senate not later than June 30, 1977.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">authorization for international atomic energy agency</heading> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2222">22 USC 2222</ref>.</p></sidenote> <content class="inline">Section 302 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <content>In addition to amounts otherwise available under this section, there are authorized to be appropriated for fiscal year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be available only for the International Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials. Amounts appropriated under this subsection are authorized to remain available until expended.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">interim quarter authorizations</heading> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2162">22 USC 2162 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Any authorization of appropriations in this Act, or in any amendment to any other law made by this Act, for the fiscal year 1976, shall be deemed to include an additional authorization of appropriations for the period beginning July 1, 1976, and ending September 30, 1976, in amounts which equal one-fourth of any amount authorized for the fiscal year 1976 and in accordance with the authorities applicable to operations and activities authorized under this Act or such other law, unless appropriations for the same purpose are specifically authorized in a law hereinafter enacted.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 734.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2764">22 USC 2764</ref>.</p></sidenote> <content>The aggregate total of credits, including participations in credits, extended pursuant to the Arms Export Control Act and of the principal amount of loans guaranteed pursuant to section 24(a) of such Act during the period beginning July 1, 1976, and ending Sep-<page identifier="/us/stat/90/765">90 STAT. 765</page>tember 30, 1976, may not exceed an amount equal to one-fourth of the amount authorized by section 31(b) of such Act to be extended and<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 740.</p></sidenote> guaranteed for the fiscal year 1976.</content> </subsection> </section> <section> <heading class="smallCaps centered">base agreements with spain, greece, and turkey</heading> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <subsection class="inline"> <num value="a">(a) </num> <content>In addition to any amounts authorized to be appropriated<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> by any amendment made by this Act which may be available for such purpose, there are authorized to be appropriated such sums as may be necessary for the fiscal year 1977 to carry out international agreements or other arrangements for the use by the Armed Forces of the United States of military facilities in Spain, Greece, or Turkey.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>No funds appropriated under this section may be obligated or expended to carry out any such agreement or other arrangement until legislation has been enacted approving such agreement or other arrangement.</content> </subsection> </section> <num value="VI">TITLE VI—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section> <heading class="smallCaps centered">expedited procedure in the senate</heading> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The provisions of subsection (b) of this section shall apply with respect to the consideration in the Senate of any resolution required by law to be considered hi accordance with such provisions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Any such law shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau>state whether the term “resolution” as used in subsection<sidenote><p class="firstIndent0 fontsize8">“Resolution.”</p></sidenote> (b) of this section, means, for the purposes of such law—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>a joint resolution; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>a resolution of either House of Congress;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>a concurrent resolution; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>specify the certification to which such resolution shall apply.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>For purposes of any such law, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Paragraphs (3) and (4) of this subsection are enacted—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by subsection (a)(1) of this section; and they supersede other rules of the Senate only to the extent that they are inconsistent therewith; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>If the committee of the Senate to which has been referred a resolution relating to a certification has not reported such resolution at the end of ten calendar days after its introduction, not counting any day which is excluded under paragraph (1) of this subsection, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee, from further consideration of any other resolution introduced with respect to the same certification which has been referred to the committee,<page identifier="/us/stat/90/766">90 STAT. 766</page> except that no motion to discharge shall be in order after the committee has reported a resolution with respect to the same certification.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>A motion to discharge under subparagraph (A) of this paragraph may be made only by a Senator favoring the resolution, is privileged, and debate thereon shall be limited to not more, than 1 hour, to be divided equally between those favoring and those opposing the resolution, the time to be divided equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Debate, in the Senate on a resolution, and all debatable, motions and appeals in connection therewith, shall be limited to not more than 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be cont rolled by (he minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">procurements from small businesses</heading> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num><sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2352">22 USC 2352 note</ref>.</p></sidenote> <content class="inline">In order to encourage procurements from small business concerns under chapter 4 of the Foreign Assistance Act of 1961, the Administrator of the Agency for International Development shall report to the Congress every six months on the extent to which small businesses have participated in procurements under such chapter and on what efforts the Agency has made to foster such procurements from small business concerns. The Small Business Administration shall lend all available assistance to the Agency for the purposes of carrying out this section.</content> </section> <section> <heading class="smallCaps centered">payment of consultants</heading> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2386">22 USC 2386</ref>.</p></sidenote> <content class="inline">Section 626(a) of the Foreign Assistance Act of 1961 is amended by striking out “<quotedText>$100 per diem</quotedText>” and inserting in lieu thereof “<quotedText>the daily equivalent of the highest rate which may be paid to an employee under the General Schedule, established by section 5332 of title 5, United States Code</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">fees of military sales agents and other payments</heading> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2776">22 USC 2776</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 36 of the Foreign Military Sales Act, as amended by section 211 of this Act, is further amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>In subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>strike out “<quotedText>and</quotedText>” at the end of paragraph (7);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>redesignate paragraph (8) as paragraph (9); and</content> </subparagraph> <page identifier="/us/stat/90/767">90 STAT. 767</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>insert the following new paragraph immediately after paragraph (7): <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>a description of each payment, contribution, gift, commission, or fee reported to the Secretary of State under section 39, including (A) the name of the person who made such payment, contribution, gift, commission, or fee; (B) the name of any sales agent or other person to whom such payment, contribution, gift, com mission, or fee was paid; (C) the date and amount of such payment, contribution, gift, commission, or fee; (D) a description of the sale in connection with which such payment, contribution, gift, commission, or fee was paid: and (E) the identification of any business information considered confidential by the person submitting it which is included in the report; and”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In the first sentence of subsection (b), insert immediately before the period “<quotedText>and a description, containing the information specified in paragraph (8) of subsection (a), of any contribution, gift, commission, or fee paid or offered or agreed to he paid in order to solicit, promote, or otherwise to secure such letter of offer</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Chapter 3 of the Foreign Military Sales Act, as amended by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2779">22 USC 2779</ref>.</p></sidenote> section 212 of this Act, is further amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="39"><inline class="smallCaps">“Sec</inline>. 39. </num> <heading><inline class="smallCaps">Fees of Military Sales Agents and Other Payments</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <chapeau>In accordance with such regulations as he may prescribe, the Secretary of State shall require adequate and timely reporting on political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>sales of defense articles or defense services under section 22 of this Act; or <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2762">22 USC 2762</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>commercial sales of defense articles or defense services licensed or approved under section .38 of this Act;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">to or for the armed forces of a foreign country or international organization in order to solicit, promote, or otherwise to secure the conclusion of such sales. Such regulations shall specify the amounts and the kinds of payments, offers, and agreements to be reported, and the form and timing of reports, and shall require reports on the names of sales agents and other persons receiving such payments. The Secretary<sidenote><p class="firstIndent0 fontsize8">Recordkeeping.</p></sidenote> of State shall by regulation require such recordkeeping as he determines is necessary.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The President may, by regulation, prohibit, limit, or prescribe conditions with respect to such contributions, gifts, commissions, and fees as he determines will be in furtherance of the purposes of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>No such contribution, gift, commission, or fee may be included, in whole or in part, in the amount paid under any procurement contract entered into under section 22 of this Act, unless the amount thereof is reasonable, allocable to such contract, and not made to a person who has solicited, promoted, or otherwise secured such sale, or has held himself out as being able to do so, through improper influence. For the purposes of this section, ‘improper influence’ means influence,<sidenote><p class="firstIndent0 fontsize8">“Improper influence.”</p></sidenote> direct or indirect, which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable United States procurements.</content> </subsection> <page identifier="/us/stat/90/768">90 STAT. 768</page> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>All information reported to the Secretary of State and all records maintained by any person pursuant to regulations prescribed under this section shall be available, upon request, to any standing committee of the Congress or any subcommittee thereof and to any agency of the United States Government authorized by law to have access to the books and records of the person required to submit reports or to maintain records under this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Access by an agency of the United States Government to records maintained under this section shall be on the same terms and conditions which govern the access by such agency to the books and records of the person concerned.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent0 fontsize8">Effective date.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2776">22 USC 2776 note</ref>.</p></sidenote> <content>The amendments made by this section shall take effect sixty days after the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">use of personnel</heading> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 734.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Nothing in this Act is intended to authorize any additional military or civilian personnel for the Department of Defense for the purposes of this Act, the Foreign Assistance Act of 1961, or the Arms Export Control Act. Personnel levels authorized in statutes authorizing appropriations for military and civilian personnel of the Department of Defense shall be controlling over all military and civilian personnel of the Department of Defense assigned to carry out functions under the Arms Export Control Act and the Foreign Assistance Act of 1961.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2791">22 USC 2791</ref>.</p></sidenote> <content>Section 42 of the Foreign Military Sales Act, as amended by section 213 of this Act, is further amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>The President shall, to the maximum extent possible and consistent with the purposes of this Act, use civilian contract personnel in any foreign country to perform defense services sold under this Act.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">assistance for productive enterprises</heading> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2370">22 USC 2370</ref>.</p></sidenote> <content class="inline">Section 620(k) of the Foreign Assistance Act of 1961 is amended by inserting immediately before the period at the end of the first sentence “<quotedText>, except that this sentence does not apply with respect to assistance for construction of any productive enterprise in Egypt which is described in the presentation materials to Congress for fiscal year 1977</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">extortion and illegal payments</heading> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num><sidenote><p class="firstIndent0 fontsize8">Report to Congress.</p><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2394a">22 USC 2394a</ref>.</p></sidenote> <content class="inline">Within 60 days after receiving information which substantiates that officials of a foreign country receiving international security assistance have (1) received illegal or otherwise improper payments from a United States corporation in return for a contract to purchase defense articles or services from such corporation, or (2) extorted, or attempted to extort, money or other things of value in return for actions by officials of that country that permit, a United States citizen or corporation to conduct business in that country, the President shall submit to Congress a report outlining the circumstances of such payment or extortion. The report, shall contain a recommendation from the President as to whether the United States should continue a security assistance program for that country.</content> </section> <page identifier="/us/stat/90/769">90 STAT. 769</page> <section> <heading class="smallCaps centered">extension of airport at pinecreek, minnesota</heading> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num> <content class="inline">The consent of Congress is hereby granted for the State of Minnesota or a subdivision or instrumentality thereof to enter into an agreement with the Government of Canada, a Canadian Province, or a subdivision or instrumentality of either, providing for the extension of the Pinecreek Airport at Pinecreek, Minnesota, into the Province of Manitoba, Canada, and the operation of the airport by a joint Canadian-American airport authority. The effectiveness of such agreement shall be conditioned on its approval by the Secretary of State.</content> </section> Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1144 (Comm. on International Relations) and No. 94–1272 (Comm. of Conference). SENATE REPORT No. 94–876 accompanying S. 3439 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 19, June 2, considered and passed House.

June 14, considered and passed Senate, amended, in lieu of S. 3439.

June 22, House agreed to conference report.

June 25, Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12. No. 27:

July 1, Presidential statement.

 Public Law 94–330: Making appropriations for Foreign Assistance and related programs for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes. Public Law 330 Public Law 94–330 90 Stat. 771 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 771 Public Law 94–330 94th Congress
An Act Making appropriations for Foreign Assistance and related programs for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes.

June 30, 1976

[H.R. 12203]

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

Foreign Assistance and Related Programs Appropriations Act, 1976, and the period ending September 30, 1976

. sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Foreign Assistance and related programs for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes, namely:
<num value="I">TITLE I—</num> <heading class="inline">FOREIGN ASSISTANCE ACT ACTIVITIES</heading> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <chapeau>For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, as amended, and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> for other purposes, to remain available until June 30, 1976, and the period ending September 30, 1976, unless otherwise specified herein, as follows:</chapeau> <appropriations level="small"><heading>economic assistance</heading> <content> <p class="firstIndent1 fontsize10">Food and nutrition, Development Assistance: For necessary expenses to carry out the provisions of section 103, $426,600,000:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151a">22 USC 2151a</ref>.</p></sidenote> <proviso><i>Provided</i>, That the amounts provided for loans to carry out the purposes of these paragraphs shall remain available until expended.</proviso></p> <p class="firstIndent1 fontsize10">For “Food and nutrition, Development Assistance” for the period July 1, 1976, through September 30, 1976, $112,500,000. Population planning and health, Development Assistance: For necessary expenses to carry out the provisions of section 104,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151b">22 USC 2151b</ref>.</p></sidenote> $146,400,000: <proviso><i>Provided</i>, That not less than $103,000,000 of such amount shall be available only for population planning:</proviso> <proviso><i>Provided further</i>, That the amounts provided for loans to carry out the purposes of these paragraphs shall remain available until expended.</proviso></p> <p class="firstIndent1 fontsize10">For “Population planning and health, Development Assistance” for the period July 1, 1976, through September 30, 1976, $33,450,000.</p> <p class="firstIndent1 fontsize10">Education and human resources development, Development Assistance: For necessary expenses to carry out the provisions of section 105, $60,800,000: <proviso><i>Provided</i>, That the amounts provided for loans to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151c">22 USC 2151c</ref>.</p></sidenote> carry out the purposes of these paragraphs shall remain available until expended.</proviso></p> <p class="firstIndent1 fontsize10">For “Education and human resources development, Development Assistance” for the period July 1, 1976, through September 30, 1976, $8,800,000.</p> <p class="firstIndent1 fontsize10">Technical assistance, energy, research, reconstruction, and selected development problems, Development Assistance: For necessary expenses to carry out the provisions of section 106, $57,400,000: <proviso><i>Provided</i>,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151d">22 USC 2151d</ref>.</p></sidenote> That the amounts provided for loans to carry out the purposes of these paragraphs shall remain available until expended.</proviso></p> <page identifier="/us/stat/90/772">90 STAT. 772</page> <p class="firstIndent1 fontsize10">For “Technical assistance, energy, research, reconstruction, and selected development problems, Development Assistance” for the period July 1, 1976, through September 30, 1976, $11,100,000.</p> <p class="firstIndent1 fontsize10">Loan allocation, Development Assistance: Of the new obligational authority appropriated under this Act to carry out the provisions of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151a–2151d">22 USC 2151a–2151d</ref>.</p></sidenote> sections 103–106, not less than $300,000,000 shall be available for loans for fiscal year 1976 and not less than $75,000,000 shall be available for loans for the period July 1, 1976, through September 30, 1976.</p> <p class="firstIndent1 fontsize10">International organizations and programs: For necessary expenses<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2221">22 USC 2221</ref>.</p></sidenote> to carry out the provisions of section 301, $175,250,000: <proviso><i>Provided</i>, That not more than $20,000,000 shall be available for the United Nations Children’s Fund:</proviso> <proviso><i>Provided further</i>, That not less than $1,000,000 shall be available until expended only for the International Atomic Energy Agency to lie used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials:</proviso> <proviso><i>Provided further</i>, That none of the funds appropriated or made available pursuant to this Act shall be used to supplement, the funds provided to the United Nations Development Program in fiscal year 1975.</proviso></p> <p class="firstIndent1 fontsize10">For “International organizations and programs” for the period July 1, 1976, through September 30, 1976, $16,300,000.</p> <p class="firstIndent1 fontsize10">United Nations Environment Fund: For necessary expenses to carry out the provisions of section 2 of the United Nations Environment<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2174">22 USC 2174</ref>.</p></sidenote> Program Participation Act of 1973, $7,500,000.</p> <p class="firstIndent1 fontsize10">American schools and hospitals abroad; For necessary expenses to carry out the provisions of section 214, $19,800,000.</p> <p class="firstIndent1 fontsize10">For “American schools and hospitals abroad” for the period July 1, 1976, through September 30, 1976, $2,400,000.</p> <p class="firstIndent1 fontsize10">American schools and hospitals abroad (special foreign currency program); For necessary expenses to carry out the provisions of section 214, $7,000,000 in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, to remain available until expended.</p> <p class="firstIndent1 fontsize10">For “American schools and hospitals abroad (special foreign currency program)” for the period July 1, 1976, through September 30, 1976, $1,750,000, in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, to remain available until expended.</p> <p class="firstIndent1 fontsize10">John McCormack Center, St, John’s Medical College (special foreign currency program): For necessary expenses to carry out the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2362">22 USC 2362</ref>.</p></sidenote> purposes of Part. I, as authorized by section 612(a). $13,650,000 in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States: <proviso><i>Provided</i>, That such amount shall be available solely for the John W. McCormack Center, the Hospital of St. John’s Medical College, Bangalore, India, and that of such amount not more than $9,000.000 shall be available for an endowment to assist needy patients at the Center.</proviso></p> <p class="firstIndent1 fontsize10">Indus Basin Development, Fund, grants: For necessary expenses to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2222">22 USC 2222</ref>.</p></sidenote> carry out the provisions of section 302(b)(2) with respect to Indus Basin Development Fund, grants, $9,000,000: <proviso><i>Provided</i>, That no other funds appropriated or made available under this Act shall be used for the purposes of such section during the current fiscal year.</proviso></p> <p class="firstIndent1 fontsize10">For “Indus Basin Development Fund, grants” for the period July 1, 1976, through September 30, 1976, $2,250,000.</p> <p class="firstIndent1 fontsize10">Indus Basin Development Fund, loans: For expenses authorized by section 302(b)(1) $10,000,000, to remain available until expended: <proviso><i>Provided</i>, That no other funds appropriated or made available under this Act shall be used for the purposes of such section during the current fiscal year.</proviso></p> <page identifier="/us/stat/90/773">90 STAT. 773</page> <p class="firstIndent1 fontsize10">Contingency fund: For necessary expenses $5,000,000, to be used for the purposes set forth in section 451. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2261">22 USC 2261</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">For “Contingency fund” for the period July 1, 1976, through Septembers 30, 1976, $1,250,000.</p> <p class="firstIndent1 fontsize10">International disaster assistance: For necessary expenses to carry out the provisions of section 495A. $45,000,000; <proviso><i>Provided</i>, That of this<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 397.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2292a–1">22 USC 2292a–1</ref>.</p><p class="indent0 firstIndent0 fontsize8">Report to congressional committees.</p></sidenote> amount $25,000,000 shall be available only for Guatemala disaster relief assistance:</proviso> <proviso><i>Provided further</i>, That the President shall submit quarterly reports to the Committee on Appropriations of the United States Senate and to the Committee on Appropriations of the House of Representatives on the programing and obligation of funds appropriated for International Disaster Assistance.</proviso></p> <p class="firstIndent1 fontsize10">For “<quotedText>International disaster assistance</quotedText>” for the period July 1, 1976, through September 30, 1976, $5,000,000.</p> <p class="firstIndent1 fontsize10">African development program: For necessary expenses to carry out the provisions of section 494B, $5,000,000. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2292e">22 USC 2292e</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">Cyprus relief and rehabilitation: For necessary expenses to carry out the provisions of section 495, $25,000,000. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2292f">22 USC 2292f</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">For “Cyprus relief and rehabilitation” for the period July 1, 1976, through September 30, 1976. $5,000,000.</p> <p class="firstIndent1 fontsize10">International narcotics control: For necessary expenses to carry out the provisions of section 4SI, $37,500,000. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2291">22 USC 2291</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">For “International narcotics control” for the period July 1, 1976, through September 30, 1976, $9,375,000.</p> <p class="firstIndent1 fontsize10">Payment to the Foreign Service Retirement and Disability Fund: For payment to the “Foreign Service retirement and disability fund,” as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 1105–1106), $16,680,000.</p> <p class="firstIndent1 fontsize10">Overseas training (Special foreign currency program): For necessary expenses to carry out the provisions of Section 612, $200,000 in<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2362">22 USC 2362</ref>.</p></sidenote> foreign currencies which the Treasury declares to be excess to the normal requirements of the United States.</p> <p class="firstIndent1 fontsize10">Except for the Contingency Fund, unobligated balances as of June 30, 1975, and June 30, 1976, of hinds heretofore made available under the authority of the Foreign Assistance Act of 1961, as amended,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> except as otherwise provided by law are hereby continued available through September 30, 1976, for the same general purposes for which appropriated and amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955, as having been obligated<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s200">31 USC 200</ref>.</p></sidenote> against, appropriations heretofore made under the authority of the Foreign Assistance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under “Economic Assistance,” “Middle East Special Requirements Fund,” “Security Supporting Assistance,” “Operating Expenses of the Agency for International Development,” “International Military Education and Training,” and “Indochina Postwar Reconstruct ion Assistance,” are hereby continued available for the same period as the respective appropriations in such subparagraphs for the same general purpose: <proviso><i>Provided</i>, That such purpose relates to a project or program previously justified to Congress, and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects or programs.</proviso></p> <p class="firstIndent1 fontsize10">None of the funds made available under this Act for “Food and nutrition, Development Assistance,” “Population planning and health, Development Assistance,” “Education and human resources development, Development Assistance,” “Technical assistance, energy, research, reconstruction, and selected development problems, Development Assistance,” “International organizations and programs,”<page identifier="/us/stat/90/774">90 STAT. 774</page> “United Nations Environment Fund,” “American schools and hospitals abroad,” “Indus Basin Development Fund,” “International narcotics control,” “African development program,” “Security supporting assistance,” “Operating Expenses of the Agency for International Development,” “Middle East Special requirements fund,” “Military assistance,” “International military education and training,” “Inter-American Foundation,” “Peace Corps,” “Migration and refugee assistance,” or “Assistance to refugees from the Soviet Union or other Communist countries in Eastern Europe,” shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for the current fiscal year without the approval of the Appropriations Committees of both Houses of the Congress.</p> </content> </appropriations> <appropriations level="small"><heading>middle east special requirements fund</heading> <content> <p class="firstIndent1 fontsize10">Middle East special requirements fund: For necessary expenses to carry out the provisions of section 901 and section 903 of the Foreign<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t23/s2441/2443">23 USC 2441, 2443</ref>.</p></sidenote> Assistance Act of 1961, as amended, $50,000,000: <proviso><i>Provided</i>, That none of tile funds appropriated under this heading may be used to provide a United States contribution to the United Nations Relief and Works Agency.</proviso></p> <p class="firstIndent1 fontsize10">For “Middle East special requirements fund” for the period July 1, 1976, through September 30, 1976, $10,000,000.</p> </content> </appropriations> <appropriations level="small"><heading>security supporting assistance</heading> <content> <p class="firstIndent1 fontsize10">Security supporting assistance: For necessary expenses to carry out the provisions of section 531 of the Foreign Assistance Act of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2346">22 USC 2346</ref>.</p><p class="indent0 firstIndent0 fontsize8">Israel, Egypt, Jordan, Syria, and Greece, allocation of funds.</p></sidenote> 1961, as amended, $1,689,900,000: <proviso><i>Provided</i>, That of the funds appropriated under this paragraph, $700,000,000 shall be allocated to Israel, $695,000,000 shall be allocated to Egypt, $72,500,000 shall be allocated to Jordan, $80,000,000 shall be allocated to Syria, and $65,000,000 shall be allocated to Greece.</proviso></p> <p class="firstIndent1 fontsize10">For “Security Supporting Assistance” for the period July 1, 1976, through September 30, 1976, $269,700,000: <proviso><i>Provided</i>, That of the funds appropriated under this paragraph, $75,000,000 shall be allocated to Israel, $100,000,000 shall be allocated to Egypt, $60,000,000 shall be allocated to Jordan, and $15,000,000 shall be allocated to Syria.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>operating expenses of the agency for international development</heading> <content> <p class="firstIndent1 fontsize10">For “Operating Expenses of the Agency for International Development”, $194,600,000.</p> <p class="firstIndent1 fontsize10">For “Operating Expenses of the Agency for International Development” for the period July 1, 1976, through September 30, 1976, $55,500,000.</p> </content> </appropriations> <appropriations level="small"><heading>military assistance</heading> <content> <p class="firstIndent1 fontsize10">Military assistance: For necessary expenses to carry out the provisions<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2311">22 USC 2311</ref>.</p></sidenote> of section 503 of the Foreign Assistance Act of 1961, as amended, including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $225,000,000; and, for liquidation of obligations incurred pursuant to the authority of section 506 of the Foreign Assistance Act of 1961,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2318">22 USC 2318</ref>.</p></sidenote> as amended, $275,000,000: <proviso><i>Provided</i>, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States.</proviso></p> <p class="firstIndent1 fontsize10">For “Military Assistance” for the period July 1, 1976, through September 30, 1976, $27,200,000.</p> </content> </appropriations> <page identifier="/us/stat/90/775">90 STAT. 775</page> <appropriations level="small"><heading>international military education and training</heading> <content> <p class="firstIndent1 fontsize10">International military education and training: For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, as amended, $23,000,000. <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 732.</p></sidenote></p> <p class="firstIndent1 fontsize10">For “International military education and training” for the period July 1, 1976, through September 30, 1976, $5,750,000.</p> </content> </appropriations> <appropriations level="small"><heading>overseas private investment corporation</heading> <content>The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $10,000 for entertainment allowances), and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year and for the period July 1, 1976, through September 30, 1976.</content> </appropriations> <appropriations level="small"><heading>inter-american foundation</heading> <content> <p class="firstIndent1 fontsize10">The Inter-American Foundation is authorized to make such expenditures within the limits of funds available to it and in accordance with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out its authorized programs during the current fiscal year and for the period July 1, 1976, through September 30, 1976: <proviso><i>Provided</i>, That not to exceed $7,500,000 shall be available to carry out the authorized programs during the current fiscal year.</proviso></p> <p class="firstIndent1 fontsize10">For “Inter-American Foundation” for the period July 1, 1976, through September 30, 1976, not to exceed $1,875,000 shall be available to carry out the authorized programs.</p> </content> </appropriations> <appropriations level="small"><heading>general provisions</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">None of the funds herein appropriated (other than funds<sidenote><p class="indent0 firstIndent0 fontsize8">Flood control and related projects.</p></sidenote> appropriated for “International organizations and programs” and “Indus Basin Development Fund”) shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Except for the appropriations entitled “Contingency fund”, “International disaster assistance”, and appropriations of funds to be used for loans, not more than 20 per centum of any appropriation item made available by this title for fiscal year 1976 shall be obligated and/or reserved during the last month of availability.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">None of the funds herein appropriated nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">None of the funds appropriated or made available pursuant<sidenote><p class="indent0 firstIndent0 fontsize8">Procurement contracts, restriction.</p></sidenote> to this Act for carrying out the Foreign Assistance Act of 1961, as<page identifier="/us/stat/90/776">90 STAT. 776</page><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which docs not contain a provision authorizing the termination of such contract for the convenience of the United States.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Of the funds appropriated or made available pursuant to this Act, not more than $15,000,000 may be used during the current fiscal year and the period July 1, 1976, through September 30, 1976, in carrying out research under section 106(a)(3) of the Foreign Assistance<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151d">22 USC 2151d</ref>.</p><p class="indent0 firstIndent0 fontsize8">United Nations members, assessments, dues.</p></sidenote> Act of 1961, as amended.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance .Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nat ions.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">None of the funds contained in title I of this Act may be used to carry out the provisions of sections 209(d) and 251(h) of the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2169/2211">22 USC 2169, 2211</ref>.</p><p class="indent0 firstIndent0 fontsize8">North and South Vietnam, Cambodia, or Laos, assistance prohibition.</p><p class="indent0 firstIndent0 fontsize8">Angola, military assistance, prohibition.</p></sidenote> Foreign Assistance Act of 1961, as amended.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">None of the funds appropriated or made available pursuant to this Act shall be used to provide assistance to the Democratic Republic of Vietnam (North Vietnam), South .Vietnam, Cambodia or Laos.</content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content class="inline">None of the funds appropriated or made available pursuant to this Act shall be obligated or expended to finance directly or indirectly any type of military assistance to Angola.</content> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <content class="inline">None of the funds appropriated or made available pursuant to this Act shall be obligated or expended to finance directly or indirectly, (A) the planning or carrying out of any assassination, or (B) the financing directly or indirectly any foreign political activity or to otherwise influence any foreign election in peace time.</content> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Loans, waiver.</p></sidenote> <content class="inline">All amounts due and owing on loans made for the benefit of the Weizmann Institute, Hebrew University, Tel Aviv University, Israel Institute of Technology, American-Israeli Cultural Foundation, Bar Ilan University, Israel Program for Scientific Translations, Keren Hanegev and Misrachi Women’s Organization of America from funds available under title I of the Agricultural Trade Development and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1701">7 USC 1701 <i>et seq</i></ref>.</p></sidenote> Assistance Act of 1954, as amended (Public Law 480), are hereby waived and forgiven.</content> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <content class="inline">The Act of May 23, 1975 (making appropriations for special assistance to refugees from Cambodia and Vietnam, Public Law<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/89">89 Stat. 89</ref>.</p></sidenote> 94–24) is hereby amended by striking out “<quotedText>Cambodia and Vietnam</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Cambodia, Vietnam, and Laos</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content class="inline">Of the fluids appropriated or made available pursuant to this Act not to exceed $103,000 shall be for Official Residence Expenses of the Agency for International Development during the fiscal year ending June 30, 1976; and not to exceed $28,500 shall be for Official Residence Expenses of the Agency for International Development for the period July 1, 1976 through September 30, 1976.</content> </section> <section class="firstIndent1 fontsize10"> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <content class="inline">Of the funds appropriated or made available pursuant to this Act not to exceed $19,000 shall be for Entertainment Expenses of the Agency for International Development during the fiscal year ending June 30, 1976; and not to exceed $4,750 shall be for Entertainment Expenses of the Agency for International Development for the period July 1, 1976 through September 30, 1976.</content> </section> <section class="firstIndent1 fontsize10"> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num> <content class="inline">Of the funds appropriated or made available pursuant to this Act not to exceed $91,000 shall be for Representation Allowances of the Agency for International Development during the fiscal year ending June 30, 1976; and not to exceed $23,000 shall be for Rep-<page identifier="/us/stat/90/777">90 STAT. 777</page>resentation Allowances of the Agency for International Development for the period July 1, 1976 through September 30, 1976.</content> </section> </appropriations> </appropriations> <num value="II">TITLE II—</num> <heading class="inline">FOREIGN MILITARY CREDIT SALES</heading> <appropriations level="intermediate"><heading>Foreign Military Credit Sales</heading> <content> <p class="firstIndent1 fontsize10">For expenses not otherwise provided for, necessary to enable the President to carry out the provisions of the Foreign Military Sales Act, $1,065,000,600; <proviso><i>Provided</i>, That of the amount provided for the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2751">22 USC 2751 note</ref>.</p></sidenote> total aggregate credit sale ceiling during the current fiscal year, not less than $1,500,000,000 shall be allocated to Israel.</proviso></p> <p class="firstIndent1 fontsize10">For “Foreign Military Credit, Sales” for the period July 1, 1976, through September 30, 1976, $140,000,000: <proviso><i>Provided</i>, That of the amount provided for the total aggregate credit sale ceiling during the period July 1, 1976 through September 30, 1976, not less than $200,000,000 shall lie allocated to Israel.</proviso></p> </content> </appropriations> <num value="III">TITLE III—</num> <heading class="inline">FOREIGN ASSISTANCE (OTHER)</heading> <appropriations level="intermediate"><heading>Independent Agency</heading> <subheading>Action—International Programs</subheading> <appropriations level="small"><heading>peace corps</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for Action to carry out the provisions of the Peace Corps Act (75 Stat. 612), as amended, $80,826,000: <proviso><i>Provided</i>,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2501">22 USC 2501 note</ref>.</p></sidenote> That of this amount $7,599,000 shall be for Peace Corps volunteer readjustment allowances, as authorized by Public Law 91–130.</proviso></p> <p class="firstIndent1 fontsize10">For “Action—International Programs (Peace Corps)” for the period July 1, 1976, through September 30, 1976, $24,000,000: <proviso><i>Provided</i>, That of this amount not less than $2,684,000 shall be used to fund Peace Corps volunteer readjustment allowances, as authorized by Public Law 94–130. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/684">89 Stat. 684</ref>.</p></sidenote></proviso></p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Department of Health, Education, and Welfare</heading> <appropriations level="small"><heading>assistance to refugees in the united states</heading> <subheading>(cuban program)</subheading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 (Public Law 87–510), relating to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2601">22 USC 2601 note</ref>.</p></sidenote> aid to refugees within the United States (Cuban program) including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $85,000,000.</p> <p class="firstIndent1 fontsize10">For “<quotedText>Assistance to refugees in the United States (Cuban program)</quotedText>” for the period July 1, 1976, through September 30, 1976, $19,000,000.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Department of State</heading> <appropriations level="small"><heading>migration and refugee assistance</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act or 1946, as amended (22 U.S.C. 801–<page identifier="/us/stat/90/778">90 STAT. 778</page>1158); allowances as authorized by 5 U.S.C. 5921–5925: hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; $9,000,000: <proviso><i>Provided</i>, That of this amount not more than $3,054,390 shall be available for the United States Refugee Program, and, of which not to exceed $8,171,000 shall remain available until December 31, 1976:</proviso> <proviso><i>Provided</i>, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere.</proviso></p> <p class="firstIndent1 fontsize10">For “Migration and refugee assistance” for the period July 1, 1976, through September 30, 1976, $700,000.</p> </content> </appropriations> <appropriations level="small"><heading>emergency migration and refugee assistance fund</heading> <content>For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Authorization Act of 1962, as amended (22 U.S.C. 2601), $5,000,000.</content> </appropriations> <appropriations level="small"><heading>assistance to refugees from the soviet union and other communist countries in eastern europe</heading> <content>For necessary expenses to carry out the provisions of section 101(b) of the Foreign Relations Authorization Act of 1972 and the provisions of section 501(c) of the Foreign Relations Authorization Act, Fiscal Year 1976, $15,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <subheading>International Financial Institutions</subheading> <appropriations level="small"><heading>investment in asian development bank</heading> <content>For payment by the Secretary of the Treasury of the second installment of the United States subscription to the (1) paid-in capital stock; (2) callable capital stock; and (3) for the United States contribution to the special funds of the Asian Development Bank, as authorized by the Asian Development Bank Act of December 22, 1974 (Public<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s285q/285r">22 USC 285q, 285r</ref>.</p></sidenote> Law 93–537) $145,634,909, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>investment in interamerican development bank</heading> <content>For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the increase in the resources of the Fund for Special Operations authorized by the Acts<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/84/1657">84 Stat. 1657</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/86/59">86 Stat. 59</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s283p–283s">22 USC 283p–283s</ref>.</p></sidenote> of December 30, 1970 (Public Law 91–599), and March 10, 1972 (Public Law 92–246), $225,000,000 to remain available until expended: <proviso><i>Provided</i>, That the amounts made available under this head in the “Foreign Assistance and Related Programs Appropriations Act, 1975” shall be available without limitation, notwithstanding the three provisos contained therein.</proviso></content> </appropriations> <appropriations level="small"><heading>investment in international development association</heading> <content>For payment by the Secretary of the Treasury of the first installment of the United States contribution to the fourth replenishment of the resources of the International Development Association as authorized by the International Development Association Act of August 14, 1974<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s284l/284m">22 USC 284<i>l</i>, 284m</ref>.</p></sidenote> (Public Law 93–373), $320,000,000, to remain available until expended.</content> </appropriations> </appropriations> 90 STAT. 779 <num value="IV">TITLE IV—</num><heading class="inline">EXPORT-IMPORT BANK OF THE UNITED STATES</heading> <chapeau> <p class="firstIndent1 fontsize10">The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law. and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> program set forth in the budget for the current fiscal year and for the period July 1, 1976, through September 30, 1976, for such corporation, except as hereinafter provided.</p> </chapeau> <appropriations level="intermediate"><heading>Limitation on Program Activity</heading> <content> <p class="firstIndent1 fontsize10">Not to exceed $5,619,945,000 (of which not to exceed $3,000,000,000 shall be for equipment and service loans) shall be authorized during the current fiscal year for other than administrative expenses.</p> <p class="firstIndent1 fontsize10">For “Limitation on program activity” for the period July i, 1976, through September 30, 1976, not to exceed $1,436,813,000 (of which not to exceed $737,500,000 shall be for equipment and service loans).</p> </content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses</heading> <content> <p class="firstIndent1 fontsize10">Not to exceed $11,412,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $20,000 for entertainment allowances for members of the Board of Directors: <proviso><i>Provided</i>, That (1) fees or dues to international organizations of credit, institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or a fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof.</proviso></p> <p class="firstIndent1 fontsize10">For “Limitation on administrative expenses” for the period July 1, 1976, through September 30, 1976, $2,948,000, of which not to exceed $5,000 shall be for entertainment allowances for members of the Board of Directors.</p> </content> </appropriations> <num value="IV">TITLE V—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content class="inline">No part of any appropriation contained in this Act shall<sidenote><p class="indent0 firstIndent0 fontsize8">Publicity or propaganda.</p></sidenote> be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content class="inline">No part of any appropriation contained in this Act shall<sidenote><p class="indent0 firstIndent0 fontsize8">Inspector General, Foreign Assistance.</p></sidenote> be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communica-<page identifier="/us/stat/90/780">90 STAT. 780</page>tion, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection or audit, arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing.</content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Fiscal year limitation.</p></sidenote> <content class="inline">No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein, except as provided by section 204 of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/88/1784">88 Stat. 1784</ref>.</p><p class="indent0 firstIndent0 fontsize8">Space and services.</p></sidenote> Public Law 93–554.</content> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <content class="inline">No part of any appropriation, funds, or other authority contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote> amended, for space and services.</content> </section> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <content class="inline">Not to exceed $1,550,000 of the funds appropriated or made available pursuant to this Act for fiscal year 1976 shall be made available to the Office of the Inspector General of Foreign Assistance: <proviso><i>Provided</i>, That not to exceed $375,000 of the funds appropriated or made available pursuant to this Act for the period July 1, 1976 through September 30, 1976 shall be made available to the Office of the Inspector General of Foreign Assistance.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Default countries.</p></sidenote> <content class="inline">Beginning three months from the date of enactment of this Act, no part, of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act unless (1) such debt has been disputed by such country prior to the enactment of this Act or (2) such country has either arranged to make payment of the amount in arrears or otherwise taken appropriate steps, which may include renegotiation, to cure the existing default.</content> </section> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <content class="inline"> <p class="inline">The amounts appropriated in this Act shall be available only upon the enactment of authorizing legislation.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Short title.</p></sidenote>This Act may be cited as the “<shortTitle role="act">Foreign Assistance and Related Programs Appropriations Act, 1976, and the period ending September 30, 1976</shortTitle>”.</p> </content> </section> Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT: No. 94–857 (Comm. on Appropriations) and No. 94–1006 (Comm. of Conference). SENATE REPORT No. 94–704 (Comm. on Appropriations). CONGRESSIONAL RECORD. Vol. 122 (1976):

Mar. 4, considered and passed House.

Mar. 23, considered and passed Senate, amended.

June 28, House agreed to conference report; receded and concurred in Senate amendments with amendments.

June 29, Senate agreed to House amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 12, No. 27:

July 1, Presidential statement.

 Public Law 94–331: To amend section 815 of the Internal Revenue Code to allow a life insurance company to disregard (for purposes of that section) a distribution during the last month of its taxable year, determined to have been made out of the policyholders surplus account, if such distribution is returned to the company not later than the due date for filing its income tax return (including extensions thereof) for that year, and for other purposes. Public Law 331 Public Law 94–331 90 Stat. 781 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 781 Public Law 94–331 94th Congress
An Act To amend section 815 of the Internal Revenue Code to allow a life insurance company to disregard (for purposes of that section) a distribution during the last month of its taxable year, determined to have been made out of the policyholders surplus account, if such distribution is returned to the company not later than the due date for filing its income tax return (including extensions thereof) for that year, and for other purposes.

June 30, 1976

[H.R. 10051]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Life insurance companies, certain distributions out of policy holders surplus account, restoration; Social Security Act, amendments.

26 USC 815.

 815(d) of the Internal Revenue Code of 1954 (relating to special rules for distributions to shareholders) is amended by adding at the end thereof the following new paragraph: “(6) Restoration of amounts distributed out of policyholders surplus account.— Notwithstanding any other provision of this subchapter, no amount shall be subtracted from a tax-payer’s policy holders surplus account with respect to a distribution made during the last month of the taxable year which, without regard to this paragraph, would be treated in whole or in part as a distribution out of the policyholders surplus account, to the extent that amounts so distributed are returned to the taxpayer no later than the time prescribed by law (including extensions thereof) for filing the taxpayer’s return for the taxable year in which the distribution was made. For purposes of this paragraph, amounts returned to a taxpayer with respect to a distribution shall be first applied to the return of amounts which, without regard to this paragraph, would have been treated as distributed out of the policyholders surplus account. This paragraph shall not apply if, at the time such distribution was made, the taxpayer intended to avail itself of the provisions of this paragraph by having its shareholders return all or a part of such distribution. Nothing in this paragraph shall affect the tax treatment of the receipt of the distribution by any shareholder, and the basis to a shareholder of his stock in the taxpayer shall not be increased by reason of amounts returned under this paragraph to the extent that a dividends received deduction or exclusion was allowable in respect of the distribution of such amount under any provision of this title.”. (b) The amendment made by this section shall apply with respect

Effective date.

26 USC 815 note.

 to taxable years ending after December 31, 1957.
SEC. 2. EXCLUSION FROM INCOME UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) In General.— Section 1612(b) of the Social Security Act is

42 USC 1382a.

 amended— (1) by striking out the word “and” which appears at the end of paragraph (9), (2) by striking out the period at the end of paragraph (10) and by inserting in lieu thereof “; and”, (3) by inserting the following new paragraph: “(11) assistance received under the Disaster Relief Act of 1974

42 USC 5121 note.

 or other assistance provided pursuant, to a Federal statute on account of a catastrophe which is declared to be a major disaster by the President.”. 90 STAT. 782 (b)

42 USC 1382a note.

 Effective Date.— The amendments made by this Act shall be applicable only in the case of catastrophes which occur on or after June 1, 1976 and before December 31, 1976.
SEC. 3. WITHHOLDING; ESTIMATED TAX PAYMENTS. (a) Withholding.— (1) In general.— Section 3402(a) of the Internal Revenue

26 USC 3402.

 Code of 1954 (relating to income tax collected at source) is amended by striking out “July 1, 1976” and inserting in lieu thereof “September 1, 1976”. (2) Technical amendment.— Section 209(c) of the Tax

26 USC 3402 note.

 Reduction Act of 1975 is amended by striking out “July 1, 1976” and inserting in lieu thereof “September 1, 1976”. (b) Estimated Tax Payments by Individuals.— Section 6153(g) of

26 USC 6153.

 such Code (relating to installment payments of estimated income by individuals) is amended by striking out “July 1, 1976” and inserting in lieu thereof “September 1, 1976”. (c) Estimated Tax Payments by Corporations.— Section 6154(h)

26 USC 6154.

 of such Code (relating to installment payments of estimated income by corporations) is amended by striking out “July 1, 1976” and inserting in lieu thereof “September 1, 1976”.
SEC. 4. AMENDMENT TO SUPPLEMENTAL SECURITY INCOME PROGRAM. (a)

Unearned income.

42 USC 1382a.

 In General.— Section 1612(a)(2)(A) of the Social Security Act is amended— (1) by striking out the word “and” which appears at the end of clause (i) thereof and by inserting a comma in lieu of such word, and (2) by inserting immediately before the semicolon at the end thereof the following: “, and (iii) support and maintenance shall not lie included and the provisions of clause (i) shall not be applicable in the, case of any individual (and his eligible spouse, if any) for the period which begins with the month in which such individual (or such individual and his eligible spouse) began to receive support and maintenance while living in a residential facility (including a private household) maintained by another person and ends with the close of the month in which such individual (or such individual and his eligible spouse) ceases to receive support and maintenance while living in such a residential facility (or, if earlier, with the close of the fifth month following the month in which such period began), if, not more than 30 days prior to the date, on which such individual (or such individual and his eligible spouse) began to receive support, and maintenance while living in such a residential facility, (I) such individual (or such individual and his eligible, spouse) were, residing in a household maintained by such individual (or by such individual and others) as his or their own home, (II) there occurred within the area in which such household is located (and while such individual. or such individual and his spouse, were residing in the household referred to in subclause (I)) a catastrophe on account of which the President declared a major disaster to exist therein90 STAT. 783 for purposes of the Disaster Relief Act of 1974, and (III) such

42 USC 5121 note.

 individual declares that he (or he and his eligible spouse) ceased to continue living in the household referred to in subclause (II) because of such catastrophe”. (b) Effective Date.—The amendments made by this Act shall be

26 USC 1382a note.

 applicable only in the case of catastrophes which occur on or after June 1, 1976 and before December 31, 1976.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1263 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 22, considered and passed House.

June 28, considered and passed Senate, amended.

June 29, House agreed to Senate amendments.

 WEEKLY COMPILATION OE PRESIDENTIAL DOCUMENTS, Vol. 12, No. 27:

June 30, Presidential statement.

 Public Law 94–332: To extend the expiration date of the Federal Energy Administration Act of 1974. Public Law 332 Public Law 94–332 90 Stat. 784 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 784 Public Law 94–332 94th Congress
An Act To extend the expiration date of the Federal Energy Administration Act of 1974.

June 30, 1976

[S. 3625]

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

Federal Energy Administration Act of 1974, extension.

15 USC 761 note.

Effective date.

15 USC 761 note.
That (a) section 30 of the Federal Energy Administration Act of 1974 is amended by striking out “June 30, 1976.” and inserting in lieu thereof “July 30, 1976.”. (b) The amendment to the Federal Energy Administration Act of 1974 made by subsection (a) shall take effect on June 30, 1976.
Approved June 30, 1976.
LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976):

June 28, considered and passed Senate.

June 30, considered and passed House.

 Public Law 94–333: Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes. Public Law 333 Public Law 94–333 90 Stat. 785 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 785 Public Law 94–333 94th Congress
An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes.

June 30, 1976

[H.R. 13965]

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

District of Columbia Appropriation Act, 1976.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes, namely:
Federal Payment to the District of Columbia

For payment to the District of Columbia for the fiscal year ending June 30, 1976: $248,948,700, as authorized by the District of Columbia Self-Government and Governmental reorganization Act, Public Law 93–198, as amended (D.C. Code 47–2501d); and $5,688,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954 (D.C. Code 43–1541 and 1611).

For “Federal payment to the District of Columbia” for the period July 1, 1976, through September 30, 1976: $66,137,600, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, as amended (88 Stat. 793, D.C. Code 47–2501d); and $1,422,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954 (D.C. Code 43–1541 and 1611).

 Loans to the District of Columbia for Capital Outlay For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198, $210,000,000, which together with balances of

D.C. Code 1–101 note.

 previous appropriations for this purpose, shall remain available until expended and lie advanced upon request of the Mayor: Provided, That notwithstanding any other provision of law, the Mayor is authorized to accept loans for the District from the United States Treasury, and the Secretary of the Treasury is authorized to lend the Mayor such sums as the Mayor may determine are required for financing capital projects for which appropriations are authorized in this Act. DIVISION OF EXPENSES The following amounts are appropriated for the District of Columbia for the current fiscal year and for the period July 1, 1976, through September 30, 1976, out of the general fund of the District of Columbia, except as otherwise specifically provided: 90 STAT. 786 GENERAL OPERATING EXPENSES

General operating expenses, $116,366,400, of which $207,473 shall be available for fiscal year 1973, $6,065,579 shall be available for fiscal year 1974 and $10,103,627 shall be available for fiscal year 1975, of which $4,261,300 shall be payable from the revenue sharing trust fund: Provided, That not to exceed $2,500 for the Mayor and $2,500 for the Chairman of the Council of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of the appropriation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $3,260,800 of this appropriation (to remain available until expended) shall be available solely for District, of Columbia employees’ disability compensation: Provided further, That not to exceed $325,000 of this appropriation shall be available for settlement of property damage claims not in excess of $1,500 each and personal injury claims not in excess of $5,000 each: Provided further, That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor: Provided further, That not to exceed $42,100 of this appropriation shall remain available until December 31, 1976, for expenses of the District of Columbia Law Revision Commission: Provided further, That not to exceed $15,300 of this appropriation shall be available for the payment of stipends and reimbursements to the Commissioners of the District of Columbia Law Revision Commission for expenses incurred prior to the enactment of this Act.

For “General operating expenses” for the period July 1, 1976, through September 30, 1976, $30,111,700, of winch $1,065,325 shall be payable from the revenue sharing trust fund: Provided, That not to exceed $625 for the Mayor and $625 for the Chairman of the Council of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That, for the purpose of assessing and reassessing real property in the District of Columbia, $1,250 of the appropriation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $1,875 of this appropriation shall be available for test borings and soil investigations: Provided further, That $837,800 of this appropriation (to remain available until expended) shall be available solely for District of Columbia employees’ disability compensation: Provided further, That not to exceed $81,250 of this appropriation shall be available for settlement of property damage claims not in excess of $1,500 each and personal injury claims not in excess of $5,000 each: Provided further, That not to exceed $12,500 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor.

 90 STAT. 787 PUBLIC SAFETY

Public safety, including purchase of two hundred and sixty-five passenger motor vehicles for replacement only (including two hundred and sixty for police-type use and five for fire-type, use without regard to the general purchase price limitation for the current fiscal year), $243,059,111, of which $5,530,500 shall be payable from the revenue sharing trust fund: Provided, That $1,300,000 of this appropriation shall be available for fiscal year 1975: Provided further, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths the cost of the replacement: Provided further, That $2,895,000 of this appropriation (to remain available until expended) shall be available for obligations incurred in fiscal year 1975 and fiscal year 1976 for the compensation and reimbursement of attorneys appointed under the District of Columbia Criminal Justice Act of 1974 (Public Law 93–412): Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime.

For “Public safety” for the period July 1, 1976, through September 30, 1976, $64,999,500 of which $1,382,625 shall be payable from the revenue sharing trust fund: Provided, That not to

D.C. Code 11–2601 note.

exceed $50,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime.

 EDUCATION

Education, including the development of national defense education programs, $237,325,900, of which $8,149,000 shall be payable from the revenue sharing trust, fund: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the Superintendent of Schools, $1,000 for the President of Federal City College, and $1,000 for the President of Washington Technical Institute shall be available from this appropriation for expenditures for official purposes.

For “Education” for the period July 1, 1976, through September 30, 1976, including the development of national defense education programs. $47,465,200, of which $2,037,250 shall lie payable from the revenue sharing trust fund: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $250 for the Superintendent of Schools, $250 for the President of Federal City College, and $250 for the President. of Washington Technical Institute shall be available from this appropriation for expenditures for official purposes.

 RECREATION

Recreation, $16,520,000, of which $208,200 shall be payable from the revenue sharing trust fund.

For “Recreation” for the period July 1, 1976, through September 30, 1976, $4,956,000, of which $52,050 shall lie payable front the revenue sharing trust fund.

 90 STAT. 788 HUMAN RESOURCES

Human Resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $264,074,500, of which $7,500,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate and outpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $25.18 per diem: Provided further, That total reimbursements to Saint Elizabeths Hospital, including

42 USC 1396.

funds from title XIX of the Social Security Act, shall not exceed the amount, for the fiscal year 1970: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title XIX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia.

For “Human resources” for the period July 1, 1976, through September 30, 1976, including care and treatment of indigent patients in institutions under contracts to lie made, by the Director of the Department of Human Resources, $74,871,000 including $333,500 for the improvement of care and treatment of the mentally retarded at Forest Haven, of which $1,875,000 shall be payable from the revenue, sharing trust fund: Provided, That the inpatient rate and outpatient rate under such contracts shall not. exceed $76 per diem and the outpatient rate shall not exceed $12 per visit and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $25.18 per diem: Provided further, That, total reimbursements to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act, shall not exceed the amount, for the fiscal year 1970: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title XIX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia.

 TRANSPORTATION

Transportation, including rental of one passenger-carrying vehicle for use by the Mayor, and purchase of forty-six passenger motor vehicles, of which forty-three shall be for replacement only; $26,919,400, of which $2,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles.

For “Transportation” for the period July 1, 1976, through September 30, 1976, including rental of one passenger-carrying vehicle for use by the Mayor; $6,915,600, of which $625,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles.

 90 STAT. 789 ENVIRONMENTAL SERVICES

Environmental services, $63,492,300, of which $1,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia.

For “Environmental services” for the period July 1, 1976, through September 30, 1976, $16,311,200, of which $375,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia.

 PERSONAL SERVICES

For pay increases and related costs for Police officers. Firefighters and Teachers to be transferred by the Mayor of the District of Columbia to the appropriations for the fiscal year 1976 from which said employees are properly payable, $10,000,000.

For pay increases and related costs for Police officers, Firefighters and Teachers for the period July 1, 1976, through September 30, 1976, to be transferred by the Mayor of the District of Columbia to the appropriations for the period July 1, 1976, through September 30, 1976, from which said employees are properly payable, $2,500,000.

 SETTLEMENT OF CLAIMS AND SUITS For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Mayor in accordance with the provisions of the Act or February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $304,500.

D.C. Code 1–902 to 1–906.

 REPAYMENT OF LOANS AND INTEREST For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended: section 9 of the Act of September 7,

D.C. Code 43–1540, 43–1616, 7–133.

D.C. Code 2–1727.

D.C. Code 9–220.

D.C. Code 43–1623.

D.C. Code 47–247, 47–248.

D.C. Code 47–241 note.

 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; and section 4 of the Act of June 12, I960 (74 Stat. 211), as amended, including interest as required thereby, $63,380,600: Provided, That there are hereby appropriated from the fluids of the District of Columbia such sums as may be necessary to repay funds borrowed under the provisions of sections 471 and 472 of Public Law 93–198: Provided further, That the District is authorized to repay outstanding loans from the United States Treasury with funds received from the sale of its first issue of general obligation bonds. BICENTENNIAL SERVICES For bicentennial services and related costs, $700,000, to be available solely for District of Columbia bicentennial activities (to remain available until September 30, 1977) and to be transferred by the Mayor of the District of Columbia to the applicable appropriations from which such services are properly payable. 90 STAT. 790 CAPITAL OUTLAY For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat, 896), as amended, and

D.C. Code 43–1510, 43–1604, 7–133, 9–220, 40–804, 1–1441 note.

 construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May 18, 1954 (68 Stat. 105, 110), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $117,706,500: Provided, That $3,445,700 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor’ and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account “Construction Services, Department of General Services”: Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968

D.C. Code 7–135 note.

 (Public Law 90–495, approved August 23, 1968), for which funds are provided by this paragraph, shall expire on June 30, 1978, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse. GENERAL PROVISIONS
Sec. 1.

Vouchers.

 Except as otherwise provided herein, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official.
Sec. 2.

Maximum allowances.

 Whenever in this Act an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor.
Sec. 3.

Automobile allowances.

 Appropriations in this Act shall be available, when authorized or approved by the Mayor, for allowances for privately owned conveyances used for the performance of official duties at 13 cents per mile but not to exceed $45 a month for each automobile and at 8 cents pel’ mile but not to exceed $30 a month for each motorcycle, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such automobile allowances at not more than $715 each per annum may be authorized or approved by the Mayor.
Sec. 4

Travel expenses and organization dues.

 Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor.
90 STAT. 791
Sec. 5. Appropriations in this Act shall not be used for or in connection

Taxicabs, restrictions.

 with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission.
Sec. 6. Appropriations in this Act shall not be available for the

Street lighting.

D.C. Code 7–701 note.

Judgment payments.

 payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed.
Sec. 7. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, as amended.

D.C. Code 47–1586j.

D.C. Code 3–204 note.

D.C. Code 3–204.

42 USC 3801 note.
Sec. 8. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to qualify for Federal assistance under the Act of July 31, 1968 (Public Law 90–445).
Sec. 9. No part of any appropriation contained in this Act shall

Fiscal year limitation.

 remain available for obligation beyond the current fiscal year unless expressly so provided herein, except as provided in section 204 of the Supplemental Appropriation Act, 1975 (Public Law 93–554).

88 Stat. 1771.

Chauffeur compensation.

D.C. Code 40–501a note.
Sec. 10. No part of any funds appropriated by this Act shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the. District of Columbia government (other than the Mayor of the District of Columbia, Chief of Police and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Mayor of the District of Columbia, Chief of Police and Fire Chief). No part of any funds appropriated by this Act, in excess of $1,000 per month in the aggregate ($12,000 per annum) shall be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Mayor of the District of Columbia, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Mayor of the District of Columbia.
Sec. 11. Not to exceed 4½ per centum of the total of all funds

Overtime or temporary positions, cost limitation.

Travel expenditure limitation.

 appropriated by this Act. for personal compensation may be used to pay the cost of overtime or temporary positions.
Sec. 12. The total expenditure of funds appropriated by this Act for authorized travel and per diem costs outside of the District of Columbia, Maryland, and Virginia shall not exceed $210,000 for fiscal year 1976 and $52,500 for the period July 1, 1976, through September 30, 1976.
Sec. 13. Appropriations in this Act shall not be available, during the

Number of employees.

D.C. Code 1–216 note.

 fiscal year ending June 30, 1976, and for the period July 1, 1976, through September 30, 1976, for the compensation of any person appointed— 90 STAT. 792 (1) as full-time employee to a permanent, authorized position in the government of the District of Cohunbia during any month when the number of such employees is greater than 39,619; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year.
Sec. 14.

Partisan political activities.

 No funds appropriated herein, for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community groups during non-school hours.
Sec. 15. Appropriations in this Act shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mayor.
Sec. 16.

Space and service charges.

No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property

40 USC 490.

and Administrative Services Act of 1949, as amended, for space and services.

Short title.

This Act may be cited as the “District of Columbia Appropriation Act, 1976”.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1185 (Comm. on Appropriations and No. 94–1293 of Conference). SENATE REPORT No. 94–943 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 26, considered and passed House.

June 17, considered and passed Senate, amended.

June 28, House agreed to conference report; receded and concurred in a Senate amendment; receded and concurred with amendments in certain other Senate amendments.

June 29, Senate agreed to conference report; concurred in House amendments.

 Public Law 94–334: To increase the temporary debt limit, and for other purposes. Public Law 334 Public Law 94–334 90 Stat. 793 1976-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 793 Public Law 94–334 94th Congress
An Act To increase the temporary debt limit, and for other purposes.

June 30, 1976

[H.R. 14114]

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

Public debt limit.

Temporary increase.

31 USC 757b note.

 limit set forth in the first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) shall be temporarily increased as follows: (1) for the period beginning on July 1, 1976, and ending on September 30, 1976, by $236,000,000,000, (2) for the period beginning on October 1, 1976, and ending on March 31, 1977, by $282,000,000,000, and (3) for the period beginning on April 1, 1977, and ending on September 30, 1977, by $300,000,000,000.
Sec. 2. The last sentence of the second paragraph of the first section of the Second Liberty Bond Act (31 U.S.C. 752) is amended by striking out “$12,000,000,000” and inserting in lieu thereof “$17,000,000,000”.
Approved June 30, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1217 (Comm. on Ways and Means). SENATE REPORTS: No. 94–995 (Comm. on Finance) and No. 94–1014 (Comm. on Budget). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 14, considered and passed House.

June 30, considered and passed Senate.

 Public Law 94–335: To amend section 318 of the Communications Act of 1934, as amended, to enable the Federal Communications Commission to authorize translator broadcast stations to originate limited amounts of local programing, and to authorize frequency modulation (FM) radio translator stations to operate unattended in the same manner as is now permitted for television broadcast translator stations. Public Law 335 Public Law 94–335 90 Stat. 794 1976-07-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 794 Public Law 94–335 94th Congress
An Act To amend section 318 of the Communications Act of 1934, as amended, to enable the Federal Communications Commission to authorize translator broadcast stations to originate limited amounts of local programing, and to authorize frequency modulation (FM) radio translator stations to operate unattended in the same manner as is now permitted for television broadcast translator stations.

July 1, 1976

[S. 2847]

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

Communications Act of 1934, amendment.
That clause (3) of the first proviso of section 318 of the Communications Act of 1934 (47 U.S.C. 318) is amended— (1) by striking out “solely” and inserting in lieu thereof “primarily”, and (2) by striking out “television”.
Approved July 1, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1261 accompanying H.R. 9689 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94–919 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 27, considered and passed Senate.

June 21, considered and passed House, in lieu of H.R. 9689.

 Public Law 94–336: To amend the Act of October 15, 1906 (80 Stat. 953: 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act. Public Law 336 Public Law 94–336 90 Stat. 795 1976-07-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 795 Public Law 94–336 94th Congress
An Act To amend the Act of October 15, 1906 (80 Stat. 953: 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act.

July 1, 1976

[S. 2945]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2(b)

Smithsonian Institution.

Appropriation authorization.

 of the National Museum Act of 1966 (20 U.S.C. 65a) is amended to read: “(b) There are hereby authorized to be, appropriated to the Smithsonian Institution $1,000,000 each year for fiscal years 1978, 1979, and 1980.”.
Approved July 1, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1125 accompanying H.R. 12505 (Comm. on House Administration). SENATE REPORT No. 94–733 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 6, considered and passed Senate.

June 22, considered and passed House, in lieu of H.R. 12505.

 Public Law 94–337: To authorize the Secretary of the Interior to establish the Valley Forge National Historical Park in the Commonwealth of Pennsylvania, and for other purposes. Public Law 337 Public Law 94–337 90 Stat. 796 1976-07-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 796 Public Law 94–337 94th Congress
An Act To authorize the Secretary of the Interior to establish the Valley Forge National Historical Park in the Commonwealth of Pennsylvania, and for other purposes.

July 4, 1976

[H.R. 5621]

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

Valley Forge National Historical Park, Pa.

Establishment.

16 USC 410aa.
That in order to preserve and commemorate for the people of the United States the area associated with the heroic suffering, hardship, and determination and resolve of General George Washington’s Continental Army during the winter of 1777–1778 at Valley Forge, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to establish the Valley Forge National Historical Park (hereinafter referred to as the “park”), in the Commonwealth of Pennsylvania.
Sec. 2.

Map.

16 USC 410aa–1.

 (a) The park shall comprise the area generally depicted on the map entitled “Valley Forge National Historical Park”, dated February 1976, and numbered VF–91,000, which shall be on file and available for inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and

Publication in Federal Register.

 in the offices of the superintendent of the park. After advising the Committees on Interior and Insular Affairs of the United States Congress, in writing, the Secretary may make minor revisions of the boundaries of the park when necessary by publication of a revised map or other boundary description in the Federal Register. (b)

Lands and interests, acquisition.

 Within the boundaries of the park, the Secretary may acquire lands and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any property owned by the Commonwealth of Pennsylvania or any political subdivision thereof may be acquired only by donation. The effective date of such donation shall not be prior to October 1, 1976. (c)

Right of use and occupancy.

 Except for property deemed by the Secretary to be essential for visitor facilities, or for access to or administration of the park, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner, or the death of his or her spouse, whichever is the later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner. (d)

Termination.

 The Secretary may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this Act, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. (e)

“Improved property.”

 The term “improved property”, as used in this section shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1975 (hereafter referred90 STAT. 797 to as “dwelling”), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole, purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.
Sec. 3. When the Secretary determines that lands and interests

Publication in Federal Register.

16 USC 410aa–2.

 therein have been acquired in an amount sufficient to constitute an administrable unit, he shall establish the park by publication of a notice to that effect in the Federal Register: Provided, That the park shall not be established until the Secretary’ receives commitments which he deems to be sufficient from the Commonwealth of Pennsylvania that the appropriations made, by acts 320 and 352 of 1974, and act 12A of 1975, of the Legislature of the Commonwealth of Pennsylvania, will continue to be available and obligated for development purposes within the park. The Secretary shall administer the property

Administration.

43 USC 1457.

 acquired for such park in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666), as amended.

16 USC 461.

Appropriation authorization.

16 USC 410aa–3.
Sec. 4. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not more than $8,622,000 for the acquisition of lands and interests in lands. (b) For the development of essential public facilities there are authorized to be appropriated not more than $500,000, Within three

Master development plan, consultation with Governor; transmittal to congressional committees.

 years from the date of establishment of the park pursuant to this Act, the Secretary shall, after consulting with the Governor of the Commonwealth of Pennsylvania, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the development of the park consistent with the objectives of this Act. indicating: (1) the facilities needed to accommodate the health, safety, and interpretive needs of the visiting public; (2) the location and estimated cost of all facilities; and (3) the projected need for any additional facilities within the park.
Approved July 4, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1142 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–817 accompanying S. 1776 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 8, considered and passed House.

June 11, considered and passed Senate.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No, 27:

July 4, Presidential statement.

 Public Law 94–338: Providing for the expression to Her Majesty, Queen Elisabeth II, of the appreciation of the people of the United States for the bequest of James Smithson to the United States, enabling the establishment of the Smithsonian Institution. Public Law 338 Public Law 94–338 90 Stat. 798 1976-07-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 798 Public Law 94–338 94th Congress
Joint Resolution Providing for the expression to Her Majesty, Queen Elisabeth II, of the appreciation of the people of the United States for the bequest of James Smithson to the United States, enabling the establishment of the Smithsonian Institution.

July 5, 1976

[S.J. Res. 196]

 Whereas James Smithson, British subject, scholar, and scientist, bequeathed his entire estate to the United States of America “to found at Washington under the name of the Smithsonian Institution an establishment for the increase and diffusion of Knowledge among men;”; and Whereas the Congress of the United States in 1836 accepted the bequest and pledged the faith of this Nation to the execution of this trust, and in 1846 provided for the establishment of the Smithsonian Institution; and Whereas tile Smithsonian Institution, since the time of its founding, has been mindful of the charge stated in the will of James Smithson and has, through research and publication, through the collecting of natural history specimens and objects of art, culture, history, and technology, and through the creation of museums for the display and interpretation of these collections, been privileged to share its resources, not only with the people of the United States, but with the world community, for purposes of education, enlightenment, and betterment; and Whereas the generous and inspiring bequest of James Smithson continues to enrich the lives of citizens of every nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

James Smithson, bequest.

U.S. appreciation and gratitude.
That on the occasion of the visit of Her Majesty, Queen Elizabeth H, during this year of the Bicentennial of the United States, the people of this Nation make known their appreciation and gratitude for the gift of James Smithson, a gift whose significance grows with the passage, of time and remains a lasting symbol of the indivisible cultural bonds which link Great Britain and the United States of America.
Sec. 2. The Secretary of the Senate shall make available to the Secretary of the Smithsonian Institution a copy of this resolution for presentation to Her Majesty, Queen Elizabeth II.
Approved July 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1274 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 13, considered and passed Senate.

June 22, considered and passed House, amended.

June 23, Senate concurred in House amendment.

 Public Law 94–339: To amend the Food Stamp Act of 1964 to insure a proper level of accountability on the part of food stamp vendors. Public Law 339 Public Law 94–339 90 Stat. 799 1976-07-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 799 Public Law 94–339 94th Congress
An Act To amend the Food Stamp Act of 1964 to insure a proper level of accountability on the part of food stamp vendors.

July 5, 1976

[S. 2853]

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

Emergency Food Stamp Vendor Accountability Act of 1976.

7 USC 2011 note.

Disposition of funds, regulations.

7 USC 2016.

 be cited as the “Emergency Food Stamp Vendor Accountability Act of 1976”.
Sec. 2. Section 7(d) of the Food Stamp Act of 1964, as amended, is amended by inserting “(1)” immediately after “(d)”, and adding at the end thereof new paragraphs (2) through (7) as follows: “(2) (A) The Secretary shall by regulation prescribe the manner in which funds derived from the distribution of coupons (charges made for coupon allotments) shall be deposited by coupon vendors. The regulations shall contain provisions requiring that coupon vendors promptly deposit such funds in the manner prescribed by the Secretary: Provided, That such regulations shall, at a minimum, require that such deposits be made weekly: Provided further, That such regulations shall, at a minimum, require that upon the accumulation of a balance on hand of $1,000 or more, such deposits be made within two banking days following the accumulation of such amount. “(B) Any coupon vendor, or any officer, employee, or agent thereof,

Penalty.

 convicted of violating the regulations issued under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both. “(3) (A) Coupon vendors receiving funds derived from the distribution of coupons (charges made for coupon allotments) shall be deemed to be receiving such funds as fiduciaries of the Federal Government, and such coupon vendors shall immediately set aside all such funds as funds of the Federal Government. Funds derived from the distribution of coupons (charges made for coupon allotments) shall not be used, prior to the deposit of such funds in the manner prescribed by the Secretary, for the benefit of any person, partnership, corporation, association, organization, Or entity other than the Federal Government. “(B) Any coupon vendor, or any officer, employee, or agent thereof,

Penalty.

 convicted of violating subparagraph (A) of this paragraph shall be fined not more than $10,000, or a sum equal to the amount of funds involved in the violation, whichever is the greater, or imprisoned not more than ten years, or both: Provided, That if the amount of such funds is less than $1,000, such vendor shall be fined not more than $3,000, or imprisoned not more than one year, or both. “(4) (A) The Secretary shall by regulation require that upon the

Notice of deposit.

 deposit, in the manner prescribed by the Secretary, of funds derived from the distribution of coupons (charges made for coupon allotments), coupon vendors shall immediately send a written notice to the State agency, accompanied by an appropriate voucher, confirming such deposit. In addition to such other information deemed by the Secretary to be appropriate, such regulations shall require that the notice contain— “(i) the name and address of the coupon vendor; 90 STAT. 800 “(ii) the total receipts of such coupon vendor derived from the distribution of coupons (charges made for coupon allotments) during the deposit period; “(iii) the amount of the deposit; “(iv) the name and address of the depository; and “(v) an oath, or affirmation signed by the coupon vendor, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon vendor, certifying that the information contained in such notice is true and correct to the best of such person’s knowledge and belief. “(B)

Penalty.

 Any coupon vendor, or any officer, employee, or agent thereof, convicted of failing to provide the notice required under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both. “(C)

Penalty.

 Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any notice required under subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than ten years, or both. “(5)

Report to Secretary.

 (A) The Secretary shall by regulation require each coupon vendor at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary, or his designee, a written report of the vendor’s operations during such period under the food stamp

Contents.

 program. In addition to such other information deemed by the Secretary to be appropriate, the regulations shall require that the report contain— “(i) the name and address of the coupon vendor; “(ii) the total receipts of the coupon vendor derived from the distribution of coupons (charges made for coupon allotments) during the report period; “(iii) the total amount of deposits made by the vendor of funds derived from the distribution of coupons (charges made for coupon allotments) during such period; “(iv) the name and address of each depository receiving such funds from such vendor; and “(v) an oath, or affirmation, signed by the coupon vendor, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon vendor, certifying that the information contained in the report is true, and correct to the best of such person’s knowledge and belief. “(B)

Penalty.

 Any coupon vendor, or any officer, employee, or agent thereof, convicted of failing to provide any notice required under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both. “(C) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any notice required under subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than ten years, or both. “(6)

Reports to Secretary.

 The Secretary may by regulation require State agencies to provide periodic reports to the Secretary, or his designee, containing a consolidation of the respective coupon vendor’s notices to such State agencies at such intervals as the Secretary in his discretion deems appropriate. “(7) The Secretary and the United States Postal Service shall jointly arrange for the prompt deposit of funds collected by the Postal Service on behalf of a State from charges made for coupon allotments.”.
Sec. 3.

7 USC 2015.

 Section 6 of the Food Stamp Act of 1964, as amended, is amended by redesignating subsections (b) and (c) as subsections (d)90 STAT. 801 and (e), respectively, and inserting new subsections (b) and (c) as follows: “(b) (1) The Secretary shall by regulation develop an appropriate

Coupon inventories.

 procedure for determining and monitoring the level of coupon inventories in the hands of coupon vendors for the purpose of insuring that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such vendors). Any such regulations shall contain procedures to insure that coupon inventories in the hands of coupon vendors are not in excess of the reasonable needs of such vendors taking into consideration the ease and feasibility of resupplying such coupon inventories. The Secretary

Reports to Secretary.

 may, at his discretion, require periodic reports from such coupon vendors respecting the level of such inventories. “(2) Any coupon vendor, or any officer, employee, or agent thereof,

Penalty.

 convicted of failing to provide a report required under paragraph (1) of this subsection shall be fined not more than $3,000, or imprisoned not more than one year, or both. “(3) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any report required under paragraph (1) of this subsection shall be fined not more than $10,000, or imprisoned not more than ten years, or both. “(c) (1) The Secretary shall by regulation prescribe appropriate

Procedures.

 procedures for the delivery of coupons to coupon vendors and for the custody, care, control, and storage of coupons in the hands of coupon vendors in order to secure such coupons against theft, embezzlement, misuse, loss, or destruction. “(2) Any coupon vendor, or any officer, employee, or agent thereof,

Penalty.

 convicted of violating any regulations issued under paragraph (1) of this subsection shall be fined not more than $3,000, or imprisoned not more than one year, or both.”.
Sec. 4. Section 3 of the Food Stamp Act of 1964, as amended, is

“Coupon vendor.”

7 USC 2012.

 amended by adding at the end thereof a new subsection (o) as follows: “(o) The term ‘coupon vendor’ means any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has delegated administrative responsibility in connection with, the issuance of coupons to households.”.
Approved July 5, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1282 (Comm. on Agriculture). SENATE REPORT No. 94–714 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 8, considered and passed Senate.

June 22, considered and passed House.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 28:

July 6, Presidential statement.

 Public Law 94–340: To amend the Federal Boat Safety Act of 1971 in order to Increase and extend the authorization for appropriations for financial assistance for State boating safety programs. Public Law 340 Public Law 94–340 90 Stat. 802 1976-07-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 802 Public Law 94–340 94th Congress
An Act To amend the Federal Boat Safety Act of 1971 in order to Increase and extend the authorization for appropriations for financial assistance for State boating safety programs.

July 6, 1976

[H.R. 5630]

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

Federal Boat Safety Act of 1971, amendment.

46 USC 1476.
That the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 et seq.) is amended as follows— (1) Section 27 is amended by adding a new subsection (e) as follows: “(e) The Secretary may expend funds appropriated for the program of financial assistance to the States under this Act for audit expenses incurred by him in the administration of that program. Expenditures made in any fiscal year under this subsection shall not exceed 1¼ per centum of the total funds appropriated for such fiscal year.”. (2)

46 USC 1477.

 Section 28(a) is amended by striking the period at the end of the first sentence and inserting in lieu thereof the following: “, the fiscal transition period of July 1, 1976, to September 30, 1976, and each of the two succeeding fiscal years.”, (3)

46 USC 1479.

 Section 30 is amended by striking out “for the fiscal year ending June 30, 1972, and $7,500,000 for each of the four succeeding fiscal years,” and inserting in lieu thereof the following: “for each of the fiscal years beginning with fiscal year 1972 through fiscal year 1976; $2,500,000 for the fiscal transition period of July 1, 1976, through September 30, 1976; and $10,000,000 for each of the fiscal years 1977 and 1978,”.
Approved July 6, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–662 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94–867 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975); Nov. 17, considered and passed House.

Vol. 122 (1976): May 19, considered and passed Senate, amended.

June 22, House concurred in Senate amendment.

 Public Law 94–341: To amend the Community Services Act or as it to make certain technical and conforming amendments. Public Law 341 Public Law 94–341 90 Stat. 803 1976-07-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 803 Public Law 94–341 94th Congress
An Act To amend the Community Services Act or as it to make certain technical and conforming amendments.

July 6, 1976

[H.R. 12188]

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

Community Services Aet Technical Amendments of 1976.

42 USC 2701 note.
short title Section 1. This Act may be cited as the “Community Services Act Technical Amendments of 1976”.
amendments to community services act of 1974 Sec. 2. (a) The Community Services Act of 1974 (hereinafter in this

42 USC 2701 note.

 Act referred to as the “Act”) is amended— (1) in section 101 thereof (as added by section 3 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out “Sec. 104. This title and titles II through

42 USC 2701 note.

42 USC 2706.

 IX” and inserting in lieu thereof “Sec. 3. Titles I through IX”; (2) in section 102 thereof (as added by section 3 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out “Sec. 102.” and inserting in lieu thereof “Sec. 4.”, and in paragraph (2) of such section, by striking out “the previous sentence” and inserting in lieu thereof “paragraph (1) of this section” and by inserting a comma after “places” the second place it appears therein; (3) by striking out “TITLE II—RESEARCH AND DEMONSTRATIONS” and inserting in lieu thereof “TITLE I—RESEARCH AND DEMONSTRATIONS”; (4) in section 102(d) thereof (as added by section 4 of the

42 USC 2712.

 Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out “under this title in any fiscal year shall be, made available for programs or projects receiving financial assistance”; (5) in section 104(d) of such Act (as added by section 3 of the

42 USC 2714.

 start, Economic Opportunity, and Community Partnership Act of 1974), by striking out “studies” each place it appears therein and inserting in lieu thereof “summaries”; (6) in section 201(b) thereof, by striking out “the Office of

42 USC 2781.

 Economic Opportunity” each place it appears therein and inserting in lieu thereof “Community Services Administration”; (7) in section 210(f) thereof—

42 USC 2790.

 (A) by striking out “may delegate functions other than” and inserting in lieu thereof “may delegate such functions (other than”; (B) by striking out “contracts to” and inserting in lieu thereof “contracts) to”; (C) by striking out “by him, such functions as he deems appropriate” and inserting in lieu thereof “by him, as he deems appropriate”; and 90 STAT. 804 (D) by striking out “second sentence of section 235(a)” and inserting in lien thereof “third sentence of section

42 USC 2812.

42 USC 2809.

 225(a)”; (8) by striking out paragraph (4) of section 222(a) thereof; (9) in section 222(a)(5) thereof, by striking out “Emergency Food and Medical Services” and inserting in such thereof “Community Food and Nutrition”, and by striking out “medical” each place it appears therein; (10) in the lust sentence of section 222(a)(12) thereof, by inserting a comma after “agencies”; (11)

42 USC 2812.

 in section 225(c) of such Act, by amending the last two sentences to read as follows: “The Director shall not require non-Federal contributions in excess of the amount required to meet the approved cost of assisted programs or activities after calculating the per centum of Federal assistance for which such program is eligible under the first sentence of this subsection. In addition, the Director may approve assistance in excess of such per centum upon evidence that the aggregate of all non-Federal contributions by agencies within a State for financial assistance provided pursuant

42 USC 2808.

 to sections 221 and 222(a) as a per centum of the aggregate of all financial assistance provided to such agencies in such State pursuant to such sections meets the per centum requirements of this subsection,”; (12)

42 USC 2814.

 in the heading of section 227 thereof, by striking out “youth recreation and” and inserting in lieu thereof “national youth”, and in subsection (a) of such section by striking out “youth recreation and” each place it appears therein and inserting in lieu thereof “national youth”; (13)

42 USC 2828.

 in the last sentence of section 235(b) thereof, by striking out “Secretary” and inserting in lieu thereof “Director”; (14)

42 USC 2829.

 in section 236 thereof— (A) in subsection (a) thereof, by striking out “Office of Economic Opportunity or successor authority” and inserting in lieu thereof “Community Services Administration”; and (B) in subsection (b)(ii) thereof, by striking out “Office of Economic Opportunity” and inserting in lieu thereof “Community Services Administration”; (15)

42 USC 2855.

 in section 306(d) thereof, by striking out “under this Act (except operations under title IV carried on by the Small Business Administration)” and inserting in lieu thereof “under this part”: (16)

42 USC 2901.

 in section 401 thereof— (A) by redesignating subsection (c) and subsection (d) as subsection (b) and subsection (c), respectively; and (B) in subsection (a) thereof, by striking out the comma after “may be used as necessary” and by striking out “paragraph 2” and inserting in lieu thereof “paragraph (2)”; (17)

42 USC 2902.

 in section 402(2) thereof, by striking out “Director” each place it appears therein and inserting in lieu thereof “Secretary”; (18)

42 USC 2928c.

 in section 514(b) thereof, by inserting “or” before “multicity”, by striking out the comma after “multicity”, and by striking out “organization” and inserting in lieu thereof “organizational”; (19)

42 USC 29281.

 in section 517(b) thereof, by striking out “15 per centum and such total costs” and inserting in lieu thereof “15 per centum of such total costs”; 90 STAT. 805 (20) in section 523(d) thereof, by striking out “studies” each

42 USC 2928l.

 place it appears therein and inserting in lieu thereof “summaries”; (21) in section 525(a) thereof, by striking out “711” and

42 USC 2928n.

 inserting in lieu thereof “518”; (22) in section 576(a) and section 577 thereof, by striking out

42 USC 2930c, 2930f.

 “part” each place it appears therein and inserting in lieu thereof “title”; (23) in section 601 thereof, by inserting “(a)” immediately

42 USC 2941.

 after “Sec. 601.”; (24) in section 601 (e)(2)(B)(iii) thereof, by inserting “of Commerce” immediately after “Secretary”; (25) in section 601(e)(3)(B)(ii)(II) thereof, by striking out the quotation mark at the end thereof; (26) in section 601(g) thereof, by inserting a comma after “Welfare” and by striking out “Economic Development Administration” and inserting in lieu thereof “Community Economic Development Administration,”; (27) in section 601(h)(2) thereof, by inserting a comma after “Community Services Administration” the second place it appears therein, by inserting a comma after “Welfare”, and by inserting a comma after “Community Economic Development Administration”; (28) in section 601(h)(8) thereof, by inserting a comma after “Community Services Administration”, and by striking out “in the Department of Commerce” and inserting in lieu thereof “within the Department of Commerce,”; (29) in subsections (a) and (f) of section 602 thereof, by

42 USC 2942.

 striking out “Office” each place it appears therein and inserting in lieu thereof “Community Services Administration”; (30) in section 602 (k) thereof, by striking out “titles III and IV of”; (31) in section 603(a) thereof, by striking out “(other than

42 USC 2943.

 part C of title I)”; (32) in section 604(1) thereof, by striking out “I–B or”, and

42 USC 2944.

 by striking out “prime sponsor or”; (33) in paragraphs (2) and (3) of section 604 thereof, by striking out “title I–B, II, and III–B” each place it appears therein and inserting in lieu thereof “title II and part B of title III”, and in paragraph (2) of such section, by striking out “123,”; (34) in section 608 thereof, by striking out “Office” and inserting

42 USC 2948.

 in lieu thereof “Community Services Administration”; and (35) in subsections (a) and (c) of section 610–1 thereof, by

42 USC 2951.

 striking out “part A of title I or” each place it appears therein. (b) Title VII of the Act is amended— (1) in section 712(a)(2) thereof, by inserting “programs,”

42 USC 2982a.

 after “development”, and by inserting a comma after “activities”; (2) in the fourth sentence of section 714 thereof, by striking

42 USC 2982c.

 out “rights vest” and inserting in lieu thereof “vests”; (3) in the last sentence of section 714 thereof, by inserting “with grant funds shall” immediately after “assets purchased”; (4) in section 731(a) thereof, by striking out “bear the interest”

42 USC 2984.

 and inserting in lieu thereof “bear interest”; 90 STAT. 806 (5)

42 USC 2984.

 in the first and second sentences of section 731(c)(3) thereof, by striking out “Secretary” and inserting in lieu thereof “Director”, in the first sentence, by striking out “subchapter” and inserting in lieu thereof “title” and in the second sentence by striking out “part B of”; (6)

42 USC 2984a.

 in section 732 thereof, by striking out “(d)” immediately before “Not later than” and inserting in lieu thereof “(b)”; (7)

42 USC 2985.

 in section 741(b) thereof, by inserting “assistance or support,” immediately after “legal”; (8) in section 741(c) thereof, by striking out “subchapter” and inserting in lieu thereof “title”; (9) by amending the heading for section 742 thereof to read as follows: “small business administration and department or commerce programs”; (10)

42 USC 2985a.

 in section 742(a)(1) thereof— (A) by striking out “part” and inserting in lieu thereof “title”; (B) by striking out “company or a local” and inserting in lieu thereof “company, local”; and (C) by inserting immediately after “limited small business investment company” the following: “, or small business investment company licensee under section 301(d) of the

15 USC 681.

 Small Business Investment Act of 1958”; (11) in section 742(a)(2) thereof, by striking out “Secretary” and inserting in lieu thereof “Director” and by striking out “part” and inserting in lieu thereof “title”; (12) in section 742(b)(2) thereof, by inserting “of Commerce” immediately after “Secretary”: (13)

42 USC 2985b.

 in section 743 thereof, by striking out “this Act” and inserting in lieu thereof “this title”; (14)

42 USC 2985c.

 in section 744(a)(1) thereof, by inserting “as amended,” immediately after “Housing Act of 1949,”; (15)

42 USC 2985c–1.

 in the first sentence of section 744(b) thereof, by striking out “Secretary” and inserting in lieu thereof “Director”, by striking out “part” each place it appears therein and inserting in lieu thereof “title,”, and by striking out “subsection (a) of this section” and inserting in lieu thereof “sections 742, 743, and 744 of this title”; (16)

42 USC 2985d–2985g.

 by redesignating sections 745 through 748 thereof as sections 746 through 749, respectively; and (17) in section 744 thereof— (A)

42 USC 2985c.

 by inserting immediately after subsection (a) the following new heading: “report on other federal resources”; (B) by striking out “(a)” immediately before “The Secretary of Agriculture”; and (C)

42 USC 2985c–1.

 by striking out “(b)” immediately before “On or before six months” and inserting in lieu thereof “Sec. 745.”. (c)

42 USC 2971f, 2971g.

 The Act is amended by redesignating section 626 and section 627 as section 627 and section 628, respectively.
amendments to headstart, economic opportunity, and community partnership act of 1974 Sec. 3. (a) Section 5(d)(2) of the Headstart, Economic Opportunity,

42 USC 2813.

42 USC 2815.

88 Stat. 2310.

 and Community Partnership Act of 1974 is amended by inserting “of such Act” immediately after “section 228(c)”. (b) Section 9 of the Head start, Economic Opportunity, and Community Partnership Act of 1974 is amended— 90 STAT. 807 (1) in subsection (b) thereof, by striking out “subsection (c)

42 USC 2942 note.

 of this section” and inserting in lieu thereof “section 601 of the Economic Opportunity Act of 1964, as amended by subsection (a)

42 USC 2941.

 of this section”; and (2) in subsection (e) thereof, by striking out the quotation

42 USC 2971f.

 mark immediately before “(e) The Economic Opportunity Act of 1964” and by striking out “after section 625” and inserting in lieu thereof “after section 626”.

Ante, p. 806.

 (c) Section 14(b) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974 is amended by striking out “section

42 USC 2933.

 3(c)” and inserting in lieu thereof “section 8(c)”. (d) (1) Section 15(a)(2) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974 is amended by inserting “of

42 USC 2707.

 such Act” immediately after “section 221”. (2) Section 15 of such Act is amended by adding at the end thereof the following: “(c) Any funds appropriated to carry out any program under the Community Services Act of 1974 which are not obligated prior to the

42 USC 2701 note.

 end of the fiscal year for which such funds were appropriated shall remain available for obligation during the succeeding fiscal year.”.
Approved July 6, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–889 (Comm. cm Education and Labor). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 15, considered and passed House.

June 23, considered and passed Senate.

 Public Law 94–342: To amend title 5, United States Code, to restore eligibility for health benefits coverage to certain individuals whose survivor annuities are restored. Public Law 342 Public Law 94–342 90 Stat. 808 1976-07-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 808 Public Law 94–342 94th Congress
An Act To amend title 5, United States Code, to restore eligibility for health benefits coverage to certain individuals whose survivor annuities are restored.

July 6, 1976

[H.R. 11439]

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

Federal employees health benefits.

Survivor annuitants, eligibility.
That (a) section 8908 of title 5, United States Code, is amended— (1) by inserting “(a)” immediately before “An employee”; (2) by adding at the end thereof the following new subsection: “(b) A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Civil Service Commission may prescribe, enroll in a health benefits plan described by section 8903 of this title if such spouse was covered by any such plan immediately before such annuity was terminated.”; and (3) in the section caption, by striking out “employee” and inserting in lieu thereof “employees and survivor annuitants”. (b) The item relating to section 8908 appearing in the analysis of chapter 89 of title 5, United States Code, is amended to read as follows: “8908.
Sec. 2.

Effective date.

5 USC 8908 note.

 The amendments made by the first section of this Act shall take effect on October 1, 1976, or on the date of the enactment of this Act, whichever date is later. Such amendments shall apply with respect to individuals whose survivor annuities are restored before, on, or after such date.
Approved July 6, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–815 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94–829 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 1, considered and passed House.

June 22, considered and passed Senate.

 Public Law 94–343: To amend the Central, Western, and South Pacific Fisheries Development Act to extend, the appropriation authorization through fiscal year 1979, and for other purposes. Public Law 343 Public Law 94–343 90 Stat. 809 1976-07-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 809 Public Law 94–343 94th Congress
An Act To amend the Central, Western, and South Pacific Fisheries Development Act to extend, the appropriation authorization through fiscal year 1979, and for other purposes.

July 6, 1976

[H.R. 13380]

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

Central, Western, and South Pacific fisheries.

Appropriation authorization.

 Western, and South Pacific Fisheries Development Act (86 Stat, 744; 16 U.S.C. 758a note) is amended— (1) by striking in section 2 the words “three-year”; (2) by striking in section 4 the words “June 30, 1976, a complete” and inserting in lieu thereof the words “January 30 of each year, an annual”; and (3) by inserting “, and for the period beginning July 1, 1976, and ending September 30, 1979, the sum of $3,000,000,” in section 7.
Approved July 6, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1141 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94–866 accompanying S. 2219 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 18, considered and passed House,

May 21, considered and passed Senate, amended, in lieu of S. 2219.

June 17, House concurred in Senate amendment with an amendment.

June 22, Senate concurred in House amendment.

 Public Law 94–344: To amend the Joint resolution entitled “Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America”. Public Law 344 Public Law 94–344 90 Stat. 810 1976-07-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 810 Public Law 94–344 94th Congress
Joint Resolution To amend the Joint resolution entitled “Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America”.

July 7, 1976

[S.J. Res. 49]

U.S. flag, display and use.

 Resolved by (be Senate and House of Representatives of the United States of America in Congress assembled,
That the joint resolution entitled “Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America”, as amended (36 U.S.C. 171–178), is amended— (1)

36 USC 173.

 by adding after the last sentence of section 1 the following: “The flag of the United States for the purpose of this chapter shall be defined according to title 4, United States Code, chapter 1,

4 USC 1 note.

 section 1 and section 2 and Executive Order 10834 issued pursuant thereto”; (2)

Time and occasions for display.

36 USC 174.

 by striking out the second sentence of section 2(a) and inserting in lieu thereof the following: “However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.”; (3) by inserting in section 2(c) before the period a comma and the following: “except when an all weather flag is displayed”; (4) by striking out section 2(d) and inserting in lieu thereof the following: “(d) The flag should be displayed on all days, especially on New Years Day, January 1; Inauguration Day, January 20; Lincoln’s Birthday, February 12; Washington’s Birthday, third Monday in February; Easter Sunday (variable); Mother’s Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last. Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanks-giving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays.”; (5) by striking out “, weather permitting,” in section 2(e); (6)

Position and manner of display.

36 USC 175.

 by striking out “radiator cap” in section 3(b) and inserting in lieu thereof “right fender”; (7) in the last sentence of section 3(f), by striking out “to the of the flag of the United States.” and inserting in lieu thereof the following: “to the United States flag’s right.”; (8) by striking out section 3(i) and inserting in lieu thereof the following: “(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag’s own right, that is, to the observer’s left. When displayed in a window, the flag should lie displayed in the same way, with the union or blue field to the left of the observer in the street.”; 90 STAT. 811 (9) by striking out section 3(k) and inserting in lieu thereof

36 USC 175.

 the following: “(k) When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman’s or speaker’s right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.”; (10) by striking out sect ion 3(m) and inserting in lieu thereof

Flag at half-staff.

 the following: “(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice, of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. As used in this subsection—

Definitions.

 (1) the term ‘half-staff’ means the position of the flag when it is one-half the distance between the top and bottom of the staff; (2) the term ‘executive or military department’ means any agency listed under sections 101 and 102 of title 5, United States Code; and (3) the term ‘Member of Congress’ means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.”; (11) by adding at the end of section 3, a new subsection as follows:

Display in building corridor or lobby.

 “(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it. should be suspended vertically with the union of the flag to the observer’s left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.”; 90 STAT. 812 (12)

Reaped for flag.

36 USC 176.

 by striking out section 4(a) and inserting in lieu thereof the following: “(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.”; (13)

Wearing apparel, bedding, or drapery, prohibition.

 by striking out section 4(d) and inserting in lieu thereof the following: “(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general.”; (14) by striking out section 4(e) and inserting in lieu thereof the following: “(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.”; (15)

Advertising purposes, prohibition.

 by striking out section 4(i) and inserting in lieu thereof the following: “(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.”; (16)

Costumes or athletic uniforms, prohibition.

 by redesignating section 4(j) as section 4(k) and by inserting after section 4 (i) a new subsection as follows: “(j) on part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.”; (17)

Hoisting, lowering, and passing of flag.

36 USC 177.

 by striking out section 5 and inserting in lieu thereof the following:
“Sec. 5. During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.”;
(18)

National anthem, conduct during playing.

36 USC 171.

 by striking out section 6 and inserting in lieu thereof the following:
“Sec. 6. During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there.”;
90 STAT. 813 (19) by striking out section 7 and inserting in lieu thereof the

Pledge of Allegiance to the Flag.

36 USC 172.

 following:
“Sec. 7. The Pledge of Allegiance to the Flag, ’I pledge allegiance to the Flag of the United States of America, and to the Republic, for which it stands, one Nation under God, indivisible, with liberty and justice for all.’, should be rendered by standing at attention facing the flag with the right hand over the heart When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.”; and
(20) by striking out section 8 and inserting in lieu thereof the

Rules and customs, modification.

36 USC 178.

 following:
“Sec. 8. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation,”.
Approved July 7, 1976.
LEGISLATIVE HISTORY: SENATE REPORT No. 94–797 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 10, considered and passed Senate.

June 21, considered and passed House, amended.

June 22, Senate concurred in House amendments.

 Public Law 94–345: To authorize the President to prescribe regulations relating to the purchase, possession, consumption, use, and transportation of alcoholic beverages in the Canal Zone. Public Law 345 Public Law 94–345 90 Stat. 814 1976-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 814 Public Law 94–345 94th Congress
An Act To authorize the President to prescribe regulations relating to the purchase, possession, consumption, use, and transportation of alcoholic beverages in the Canal Zone.

July 8, 1976

[H.R. 8471]

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

Canal Zone.

Alcoholic beverages, regulations.
That section 731 of title 2, Canal Zone Code (76A Stat. 29), is revised to read as follows:
“§ 731. Regulation of manufacture, sale, et cetera “The President shall prescribe, and from time to time may amend, regulations relating to the: “(1) manufacture, distribution, and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor; “(2) importation of alcoholic beverages into, and exportation thereof from, the Canal Zone; and “(3) purchase, possession, consumption, use, and transportation of alcoholic beverages by individuals under eighteen years of age.”.
Sec. 2. Section 732 of title 2, Canal Zone Code (76A Stat. 29) is revised to read as follows:
“§ 732. Penalties for violation “(a) Whoever violates a regulation issued pursuant to paragraphs (1) and (2) of section 731 of this title shall be fined not more than $500 or imprisoned in jail not more than six months, or both, and, in addition, his license may be revoked or suspended as the President may prescribe by the regulations as issued. (76A Stat. 29.) “(b) Whoever violates a regulation issued pursuant to paragraph (3) of section 731 of this title shall be fined not more than $100 or imprisoned in jail not more than thirty days, or both.”.
Sec. 3. The amendments made in sections 1 and 2 of this Act shall take effect on the ninetieth day after the date of enactment of this Act.
Approved July 8, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1140 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 18, considered and passed House.

June 24, considered and passed Senate.

 Public Law 94–346: To amend the National Traffic and Motor Vehicle Safety Act of 1966 to authorize appropriations. Public Law 346 Public Law 94–346 90 Stat. 815 1976-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 815 Public Law 94–346 94th Congress
An Act To amend the National Traffic and Motor Vehicle Safety Act of 1966 to authorize appropriations.

July 8, 1976

[H.R. 9291]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 121 of

National Traffic and Motor Vehicle Safety Act, amendment.

Appropriation authorization.

 the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended to read as follows:
“Sec. 121. There are authorized to be appropriated for the purpose of carrying out this Act, not to exceed $13,000,000 for the transition period July 1, 1976, through September 30, 1976, $60,000,000 for the fiscal year ending September 30, 1977, and $60,000,000 for the fiscal year ending September 30, 1978.”.
Sec. 2. Section 103 (i)(1)(B) of such Act is amended by striking out

School bus equipment safety standards.

15 USC 1392.

 “the expiration of the nine-month period which begins on the date of promulgation of such safety standards” and inserting in lieu thereof “April 1, 1977”.
Sec. 3. Section 103 (i) of such Act is amended by adding at the end thereof the following new paragraph: “(3) Not later than six months after the date of enactment of

Study; report to Congress.

 this section, the Secretary shall conduct a study and report to Congress on (A) the factors relating to the school bus vehicle which contribute to the occurrence of school bus accidents and resultant injuries, and (B) actions which can be taken to reduce the likelihood of occurrence of such accidents and severity of such injuries. Such study shall consider, among other things, the extent to which injuries may be reduced through the use of seat belts and other occupant restraint systems in school bus accidents, and an examination of the extent to which the age of school buses increases the likelihood of accidents and resultant injuries.”.
Approved July 8, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1148 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94–854 accompanying S. 2323 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 11, considered and passed House.

June 24, considered and passed Senate, amended, in lieu of S. 2323.

June 29, House concurred in Senate amendment.

 Public Law 94–347: Authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes. Public Law 347 Public Law 94–347 90 Stat. 816 1976-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 816 Public Law 94–347 94th Congress
An Act Authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes.

July 8, 1976

[H.R. 12545]

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

River basin programs.

Appropriation authorization.
That (a) in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act. referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below:
  Basin Act of Congress Amount
Alabama-Coosa River Basin Mar. 2, 1945 $6,000,000
Arkansas River Basin June 28, 1938 6,000,000
Brazos Elver Basin Sept. 3, 1954 19,000,000
Columbia River Basin June 28, 1944 39,000,000
Mississippi River and tributaries May 15, 1928 220,000,000
Missouri River Basin June 28, 1938 85,000,000
North Branch, Susquehanna River Basin July 3, 1958 72,000,000
Ohio River Basin June 22, 1936 23,000,000
Red River Waterway project Aug. 13, 1968 60,000,000
San Joaquin River Basin Dec. 22, 1944 46,000,000
Santa Ana River Basin June 22, 1936 2,000,000
South Platte River Basin May 17, 1950 22,000,000
Upper Mississippi River Basin June 28, 1938 2,000,000
(b) The total amount authorized to be appropriated by this Act shall not exceed $602,000,000.
Approved July 8, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1082 (Comm. on Public Works and Transportation). SENATE REPORTS: No. 94–849 accompanying S. 3432 and No. 94–951 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 17, considered and passed House.

May 18, S. 3432 considered and passed Senate.

June 25, considered and passed Senate, in lieu of S. 3432.

 Public Law 94–348: To amend the Federal Hall road Safety Act of 1070 to authorize additional appropriations, and for other purposes. Public Law 348 Public Law 94–348 90 Stat. 817 1976-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 817 Public Law 94–348 94th Congress
An Act To amend the Federal Hall road Safety Act of 1070 to authorize additional appropriations, and for other purposes.

July 8, 1976

[H.R. 11804]

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

Federal Railroad Safety Authorization Act of 1976.

45 USC 421 note.
short title Section 1. This Act may be cited as the “Federal Railroad Safety Authorization Act of 1976”.
authorization for appropriations Sec. 2. (a) Section 212 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441) is amended to read as follows:
“SEC. 212. AUTHORIZATION FOR APPROPRIATIONS. “(a) There are authorized to be appropriated to carry out the provisions of this Act not to exceed $35,000,000 for the fiscal year ending September 30, 1977, and not to exceed $35,000,000 for the fiscal year ending September 30, 1978. “(b) Except as provided in subsection (c) of this section, amounts appropriated under subsection (a) of this section for any fiscal year shall be available for expenditure in such fiscal year as follows: “(1) For the Office of Safety, including salaries and expenses for not more than (A) 500 safety inspectors, (B) 45 signal and train control inspectors, and (C) 110 clerical personnel, not to exceed $18,000,000 in any fiscal year. “(2) To carry out the provisions of section 206 (d) of this Act, relating to State safety programs, not to exceed $3,500,000 in any fiscal year. “(3) For the Federal Railroad Administration, for salaries and expenses not otherwise provided for, not to exceed $3,500,000 in any fiscal year. “(4) For conducting research and development activities under this Act, not to exceed $10,000,000 in any fiscal year. “(c) (1) The aggregate of the amounts obligated and expended for research and development activities under this Act in any fiscal year shall not exceed the aggregate of the amounts expended for rail inspection and for the investigation and enforcement of railroad safety rules, regulations, orders, and standards under this Act in the same fiscal year. For purposes of this paragraph and paragraph (4) of subsection (b) of this section, amounts made available under paragraph (2) of this subsection for expenditure for research and development activities under this Act in any fiscal year following the fiscal year in which such amounts were originally appropriated shall be considered to have been obligated and expended for such activities during the fiscal year in which such amounts were originally appropriated. “(2) Of amounts appropriated under subsection (a) of this section and available for expenditure for conducting research and development activities under subsection (b)(4) of this section, not to exceed90 STAT. 818 $5,000,000 of amounts so appropriated and made available for fiscal year 1977, and not to exceed $7,000,000 of amounts so appropriated and made available for fiscal year 1978, are authorized to remain available until expended for conducting research and development activities under this Act.”.
penalties Sec. 3. (a) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6), is amended by striking out “two hundred mid fifty dollars” and inserting in lieu thereof “not less than $250 and not more than $2,500”. (b) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13), is amended by striking out “two hundred and fifty dollars” and inserting in lieu thereof “not less than $250 and not more than $2,500”. (c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34), is amended by striking out “two hundred and fifty dollars” and inserting in lien thereof “not less than $250 and not more than $2,500”. (d) Section 25(h) of the Interstate Commerce Act (49 U.S.C. 26(h)) is amended by striking out “$100 for each such violation and $100” and inserting in lieu thereof “not less than $250 and not more than $2,500 for each such violation and not less than $250 and not more than $2,500”. (e)

31 USC 952 note.

 Notwithstanding any provision of the Federal Claims Collection Act of 1966 (31 U.S.C. 951–953), no penalty arising under a statute amended by this section shall be compromised by the Secretary for an amount less than $250.
hours or service Sec. 4. (a) Section 2(a) of the Act of March 4, 1907 (45 U.S.C. 62(a)), commonly referred to as the Hours of Service Act, is amended— (1) by striking out “or” at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: “(3) to provide sleeping quarters for employees (including crew quarters, camp or bunk cars, and trailers) which do not afford such employees an opportunity for rest, free from interruptions caused by noise under the control of the railroad, in clean, safe, and sanitary quarters; or “(4) to begin construction or reconstruction of any sleeping quarters referred to in paragraph (3), on or after the date of enactment of this paragraph, within or in the immediate vicinity (as determined in accordance with rules prescribed by the Secretary) of any area where railroad switching or humping operations are performed.”. (b) Section 2 of such Act (45 U.S.C. 62) is amended by striking out subsection (c), relating to the exemption of crews of wreck or relief trains from limitations on employees hours of service, and inserting in lieu thereof the following new subsection: “(c) Notwithstanding subsection (a) of this section, the crew of a wreck or relief train may be permitted to be or remain on duty for not to exceed 4 additional hours in any period of 24 consecutive hours whenever an actual emergency exists and work of the crew is related to such emergency. For purposes of this subsection, an emergency ceases to exist when the track is cleared and the line is open for traffic.”. (c) Subsection (b)(2) of the first section of such Act (45 U.S.C. 61 (b)(2)), relating to the definition of the term “employee”, is amended90 STAT. 819 by inserting immediately before the period at the end thereof the following: “, including hostlers”. (d) The Act of March 4, 1907 (45 U.S.C. 61–64b) is further amended by adding a new section 3A to read as follows:
“Sec. 3A. (a) It shall be unlawful for any common carrier, its

45 USC 63a.

 officers or agents, subject to this Act— “(1) to require or permit an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems, in case such individual shall have been continuously on duty for twelve hours, to continue on duty or to go on duty until he has had at least ten consecutive hours off duty; or “(2) to require or permit an individual described in paragraph (1) to continue on duty or to go on duty when he has not bad at least eight consecutive hours off duty during the preceding twenty-four hours. “(b) In determining for the purposes of subsection (a) the number of hours an individual is on duty, there shall be counted, in addition to the time such individual is actually engaged in installing, repairing or maintaining signal systems, all time on duty in other service performed for the common carrier during the twenty-four hour period involved. “(c) For purposes of this section, time on duty shall commence when an individual reports for duty and terminate when the individual is finally released from duty. “(d) As used in sections 2(a)(3), 4, and 5 of this Act, the term

Ante, p. 818.

45 USC 64, 64a.

 ‘employee’ shall be deemed to include an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems. “(e) The provisions of this section shall not apply to an individual during such period of time as the provisions of section 3 apply to his

45 USC 63.

 duty and off-duty periods. “(f) Notwithstanding subsection (a) of this section, an individual engaged in installing, repairing, or maintaining signal systems may be permitted to lie or remain on duty for not to exceed four additional hours in any period of twenty-four consecutive hours whenever an actual emergency exists and work of the individual is related to such emergency. For purposes of this subsection with respect to the on-duty time of an individual engaged in installing, repairing, or maintaining signal systems, an emergency ceases to exist when the signal systems are restored to service.”.
(e) Section 5(a) of such Act (45 U.S.C. 64a(a)) is amended by deleting the words “section 2 or section 3 of this Act” and by inserting in lieu thereof the following: “section 2, section 3 or section 3A of this Act”.
safety regulations Sec. 5. (a) Section 202(d) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(d)) is amended to read as follows: “(d) In prescribing rules, regulations, orders, and standards under this section, the Secretary shall consider relevant existing safety data and standards and shall, within 180 days after the date of enactment of the Federal Railroad Safety Authorization Act of 1976, take such

Ante, p. 817.

 action as may be necessary to develop and publish rules of practice applicable to all proceedings under this Act. Such rules of practice shall take into consideration the varying nature of proceedings under this Act and shall include specific time limits upon the disposition of all proceedings initiated under this Act. In no event shall the time90 STAT. 820 limit for any such proceeding extend for more than 12 months after the date such proceeding is initiated.”. (b) Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by adding at the end thereof the following new subsection: “(g) The Secretary shall, within 180 days after the date of enactment of this subsection, issue such rules, regulations, orders, and standards as may be necessary to require that— “(1) in any case in which activities of railroad employees (other than train or yard crews) assigned to inspect, test, repair, or service rolling equipment require such employees to work on, under, or between such equipment, each manually operated switch, including any crossover switch, providing access to the track on which such equipment is located must be lined against movement to that track and secured by an effective locking device which may not be removed except by the class or craft of employees performing such inspection, testing, repair, or servicing. “(2) the rear car of all passenger and commuter trains shall have one or more highly visible markers which are lighted during periods of darkness or whenever weather conditions restrict clear visibility; and “(3) the rear car of all freight trains shall have highly visible markers during periods of darkness or whenever weather conditions restrict clear visibility. Notwithstanding the provisions of section 205 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 434), nothing in paragraphs (2) and (3) of this subsection shall prohibit a State from continuing in force any law, rule, regulation, order or standard in effect on the date of enactment

Ante, p. 817.

 of the Federal Railroad Safety Authorization Act of 1976 relating to lighted markers on the rear car of freight trains except to the extent that such law, rule, regulation, order, or standard would cause such cars to be in violation of this section.”.
regional organization of federal railroad administration Sec. 6.

49 USC 1652a.

 The Federal Railroad Administration shall be divided on a geographical basis into not less than 8 safety offices for purposes of administering and enforcing all Federal railroad safety laws. The Secretary shall retain full and final responsibility for all acts taken pursuant to Federal railroad safety laws and for the establishment of all policies with respect to implementation of such laws, and shall be responsible for insuring that all such laws are administered and enforced uniformly among such offices.
evaluation of the federal railroad safety program Sec. 7.

Study.

45 USC 421 note.

 (a) The Office of Technology Assessment shall conduct a study of the Federal Railroad Safety Act of 1970 (45 U.S.C. 421 et seq.) and related Federal laws to evaluate their effectiveness in improving the safety of our Nation’s railroads. Such study and evaluation shall include, but shall not be limited to— (1) a cost-benefit analysis of the railroad safety research and development activities under the Federal Railroad Safety Act of 1970 and related Federal laws; (2) an evaluation of trends with respect to railroad employee injuries and casualties, injuries and casualties to other persons, accidents by type and cause, and such other data as the Office of Technology Assessment considers necessary to determine any90 STAT. 821 significant statistical relationship between safety practices, expenditures, penalties for violation of Federal railroad safety laws and regulations, and accident rates; (3) a statistical comparison of railroad accidents reported by each railroad for the 10-year period preceding the date of enactment of this Act; (4) the cost-benefit and effectiveness of accident prevention resulting from the methodology used and practices employed by Federal and State railroad safety inspectors under Federal railroad safety laws and regulations; (5) an evaluation of safety inspection activities conducted by the railroad industry; (6) an evaluation and analysis of industry research and development relating to railroad safety and accident prevention; (7) a cost-benefit analysis of the various Federal laws and regulations relating to railroad safety; and (8) the need for additional Federal expenditures for improvements in railroad safety, (b) The Office of Technology Assessment shall, within 18 months

Report to Congress.

 after the date of enactment of this Act, submit a report to the Congress containing the results of the study conducted pursuant to this section, together with recommendations for such legislative or other action as such Office considers appropriate, (c) There are authorized to be appropriated such sums as may be

Appropriation authorization.

 necessary to carry out the purposes of this section.
uniformity of judicial review Sec. 8. Section 4(e) of tire Department of Transportation Act (49 U.S.C. 1653 (c)) is amended by adding at the end thereof the following new sentence: “This subsection shall not apply to functions, powers, and duties transferred to the Secretary from the Interstate Commerce Commission under sections 6(e)(1) through (4) and section 6(e)(6)(A) of this Act.”.

49 USC 1655.
Approved July 8, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1166 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94–855 accompanying S. 3119 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol, 122 (1976):

June 9, 11, considered and passed House.

June 24, considered and passed Senate, amended, in lieu of S. 3119.

June 25, House concurred to Senate amendments.

 Public Law 94–349: To delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court. Public Law 349 Public Law 94–349 90 Stat. 822 1976-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 822 Public Law 94–349 94th Congress
An Act To delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court.

July 8, 1976

[H.R. 13899]

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

Federal Rules of Procedure.

Certain proposed amendments, delay of effective date.

18 USC 3771 note.
That, notwithstanding the provisions of sections 3771 and 3772 of title 18 of the United States Code, the amendments to rules 6(e), 23, 24, 40.1 and 41(c)(2) of the Rules of Criminal Procedure for the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, and which were transmitted to the Congress on or about April 26, 1976, shall not take effect until August 1, 1977, or until and to the extent approved by Act of Congress, whichever is earlier. The remainder of the proposed amendments to the Federal Rules of Criminal Procedure shall become effective August 1, 1976, pursuant to law.
Sec. 2.

28 USC 2071 note.

 That, notwithstanding the provisions of section 2072 of title 28 of the United States Code, the rules and forms governing section 2254 eases in the United States district courts and the rules and forms governing section 2255 proceedings in the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, and which were transmitted to the Congress on or about April 26, 1976, shall not take effect until thirty days after the adjournment sine die of the 94th Congress, or until and to the extent approved by Act of Congress, whichever is earlier.
Approved July 8, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1204 (Comm. on the Judiciary). SENATE REPORT No. 94–990 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 7, considered and passed House.

June 29, considered and passed Senate, amended.

June 30, House agreed to Senate amendment.

 Public Law 94–350: To authorize fiscal year 1977 appropriations for the Department of State, the United States Information Agency, and the Board for International Broad-casting, and for other purposes. Public Law 350 Public Law 94–350 90 Stat. 823 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 823 Public Law 94–350 94th Congress
An Act To authorize fiscal year 1977 appropriations for the Department of State, the United States Information Agency, and the Board for International Broad-casting, and for other purposes.

July 12, 1976

[S. 3168]

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

Foreign Relations Authorization Act, Fiscal Year 1977.

22 USC 2689 note.

 be cited as the “Foreign Relations Authorization Act, Fiscal Year 1977”.
<num value="I">TITLE I—</num> <heading class="inline">STATE DEPARTMENT</heading> <section> <heading class="smallCaps">authorization of appropriations</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>There are authorized to be appropriated for the Department of State for fiscal year 1977, to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, including trade negotiations, and other purposes authorized by law, the following amounts:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>For the “Administration of Foreign Affairs”, $552,45,5,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For “International Organizations and Conferences”, $.342,460,453.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For “International Commissions”, $17,069,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>For “Educational Exchange”, $68,500,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>For “Migration and Refugee Assistance”, $10,000,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other non discretionary costs, such amounts as may be necessary.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Amounts appropriated under this section are authorized to remain available until expended.</content> </subsection> </section> <section> <heading class="smallCaps centered">transfer authority</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Funds authorized to be appropriated for fiscal year 1977 by any paragraph of section 101(a) (other than paragraph (6)) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (6)), except that the total amount appropriated for a purpose described in any paragraph of section 101(a) (other than paragraph (6)) may not exceed the amount specifically authorized for such purpose by section 101(a) by more than 10 per centum.</content> </section> <section> <heading class="smallCaps centered">contribution to the united nations educational, scientific, and cultural organization</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Notwithstanding the limitation contained in the proviso in the paragraph under the subheading “Contributions to International Organizations” in title I of the Act of October 25, 1972 (86 Stat. 1110), and notwithstanding the requirements of section 302(h) of the Foreign Assistance Act of 1961, $3,545,453 of the amount<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2222">22 USC 2222</ref>.</p></sidenote> authorized to be appropriated by section 101 (a)(2) of this Act may be used to complete the fiscal year 1975 United States contribution to the United Nations Educational, Scientific, and Cultural Organization.</content> </section> <page identifier="/us/stat/90/824">90 STAT. 824</page> <section> <heading class="smallCaps centered">international joint commission</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">The Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956, is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="19"><inline class="smallCaps">“Sec</inline>. 19. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2689">22 USC 2689</ref>.</p></sidenote> <content class="inline">Each fiscal year (beginning with fiscal year 1977), the Secretary of State may use not to exceed $1,500 of the funds appropriated for the American Sections, International Joint Commission, United States and Canada, for representation expenses and official entertainment within the United States for such American Sections.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">russian refugee assistance</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary of State for fiscal year 1977 not to exceed $20,000,000 to carry out the provisions of section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/86/489">86 Stat. 489</ref>.</p></sidenote> 101(b) of the Foreign Relations Authorizations Act of 1972 (relating to Russian refugee assistance) and to furnish similar assistance to refugees from Communist countries in Eastern Europe. None of the funds appropriated under this section may be used to resettle refugees in any country other than Israel. Amounts appropriated under this section are authorized, to remain available until expended.</content> </section> <section> <heading class="smallCaps centered">united states passport office</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">In addition to amounts otherwise available for such purposes, there is authorized to be appropriated for fiscal year 1977, $1,000,000, to be used for miniaturization of the files of the United States Passport Office. Amounts appropriated under this section are authorized to remain available until expended.</content> </section> <section> <heading class="smallCaps centered">north atlantic assembly</heading> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">The joint resolution entitled “Joint resolution to authorize participation by the United States in parliamentary conferences of the North Atlantic Treaty Organization”, approved July II, 1956, is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="5"><inline class="smallCaps">“Sec</inline>. 5. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1928e">22 USC 1928e</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1928b">22 USC 1928b</ref>.</p></sidenote> <content class="inline">In addition to the amounts authorized by section 2, there is authorized to be appropriated $50,000 for fiscal year 1977 to meet the expenses incurred by the United States group in hosting the twenty-second annual meeting of the North Atlantic Assembly. Amounts appropriated under this section are authorized to remain available until expended.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">payment to lady catherine helen shaw</heading> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">Of the amount appropriated under paragraph (1) of section 101(a) of this Act for salaries and expenses, $10,000 shall be available for payment ex gratia to Lady Catherine Helen Shaw, wife of the former Australian Ambassador to the United States, as an expression of the concern of the United States Government for the injuries which she sustained as a result of an attack on her in the District of Columbia.</content> </section> <section> <heading class="smallCaps centered">foreign service buildings authorization</heading> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s295">22 USC 295</ref>.</p></sidenote> <chapeau class="inline">Section 4 of the Foreign Service Buildings Act, 1926, is amended—</chapeau> <page identifier="/us/stat/90/825">90 STAT. 825</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (2) of subsection (h) by striking out “<quotedText>$71,600,000</quotedText>” and inserting in lieu thereof “<quotedText>$73,058,000</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding the following new subsection at the end of the section: <quotedContent> <subsection class="indent0 fontsize10"><num value="j">“(j) </num> <content>For the purpose of carrying into effect the provisions of this Act in the Union of Soviet Socialist Republics, there is authorized to be appropriated, in addition to amounts authorized prior to the enactment of this subsection, $30,000,000, which amount is authorized to remain available until expended.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">pan american games</heading> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Eighth Pan American Games to be held in San Juan, Puerto Rico, in 1979 will provide an opportunity for more than six thousand young men and women, representing thirty-three countries in the Western Hemisphere, to participate in friendly athletic competition;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>international sporting events such as the Eighth Pan American Games make a unique contribution in promoting common understanding and mutual respect among people of different cultural backgrounds; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the President has the authority under the Mutual Educational and Cultural Exchange Act of 1961 to provide financing,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2451">22 USC 2451 note</ref>.</p></sidenote> when he considers that it would strengthen international cooperative relations, for (A) tours abroad by American athletes, (B) United States representation in international sports competitions, and (C) participation by groups and individuals from other countries in tours and in sports competitions in the United States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>In order to strengthen international cooperative relations and promote the purposes of the Mutual Educational and Cultural Exchange Act of 1961, the Secretary of State shall use funds appropriated to carry out this section to provide financial assistance for the Eighth Pan American Games to be held in Puerto Rico in 1979. Such funds shall be transferred by the Secretary to the Recreational Development Company of Puerto Rico (a government corporation of the Commonwealth of Puerto Rico) for expenses directly related to the Eighth Pan American Games, including expenses for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>promoting, organizing, and conducting such games;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>constructing new and repairing existing athletic and recreational facilities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>providing lodging, food, and transportation for participants in such games and for related personnel; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>acquiring necessary material and equipment for such games. Such expenditures shall be subject to such controls and audits as the Comptroller General may prescribe.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>To carry out this section, there is authorized to be appropriated to the Secretary of State $12,000,000.</content> </subsection> </section> <section> <heading class="smallCaps centered">participation by federal employees in cultural exchange programs</heading> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <content class="inline">The Mutual Educational and Cultural Exchange Act of 1961 is amended by adding immediately after section 108 the following new section: <quotedContent> <section> <num value="108A"><inline class="smallCaps">“Sec</inline>. 108A. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Congress consents to the acceptance by a Federal<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2458a">22 USC 2458a</ref>.</p></sidenote> employee of grants and other forms of assistance provided by a<page identifier="/us/stat/90/826">90 STAT. 826</page> foreign government to facilitate the participation of such Federal employee in a cultural exchange—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>which is of the type described in section 102(a)(2)(i)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2452">22 USC 2452</ref>.</p></sidenote> of this Act,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>which is conducted for a purpose comparable to the purpose<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2451">22 USC 2451</ref>.</p></sidenote> stated in section 101 of this Act, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>which is specifically approved by the Secretary of State for purposes of this section;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">but the Congress does not consent to the acceptance by any Federal employee of any portion of any such grant or other form of assistance which provides assistance with respect to any expenses incurred by or for any member of the family or household of such Federal employee.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Federal employee.”</p></sidenote> <content>For purposes of this section, the term ‘Federal employee’ means any employee as defined in subparagraphs (A) through (E) of section 7342(a)(1) of title 5 of the United States Code, but does not include a person described in subparagraph (F) of such section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The grants and other forms of assistance with respect to which the consent of Congress is given in subsection (a) of this section shall not constitute gifts for purposes of section 7342 of title S of the United States Code.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <content>The Secretary of State is authorized to promulgate regulations for purposes of this section.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">annuity increases for alien employees</heading> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s889">22 USC 889</ref>.</p></sidenote> <chapeau class="inline">Section 444(a) of the Foreign Service Act of 1946 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>(1)</quotedText>” immediately after “<quotedText>(a)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting the following new paragraph at the end thereof: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <content>The Secretary may, under such regulations as he may prescribe, make supplemental payments, out of funds appropriated after the date of enactment of (his subparagraph for salaries and expenses, to any civil service annuitant who is a former alien employee of the Service, (or is a survivor of a former alien employee of the Service) in order to offset exchange rate losses, if the annuity being paid such annuitant is based on (A) a salary that was fixed in a foreign currency that has appreciated in value in terms of the United States dollar, and (B) service in a country in which (as determined by the Secretary) the average retirement benefits being received by those who have retired from competitive local organizations are superior to the local currency value of civil service annuities plus any other retirement benefits payable to alien employees who have retired during similar time periods and after comparable careers with the United States Government.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">membership authority for international organizations</heading> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content class="inline">The President is authorized to maintain United States membership in the International Cotton Advisory Committee, the International Lead and Zinc Study Group, the International Rubber Study Group, and the International Seed Testing Association.</content> </section> <section> <heading class="smallCaps centered">panama canal</heading> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <content class="inline">Any new Panama Canal treaty or agreement negotiated with funds appropriated under this title must protect the vital interests<page identifier="/us/stat/90/827">90 STAT. 827</page> of the United States in the Canal Zone and in the operation, maintenance, property, and defense of the Panama Canal.</content> </section> <section> <heading class="smallCaps centered">international joint commission</heading> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num> <content class="inline">After the date of enactment of this Act, any commissioner<sidenote><p class="indent0 firstIndent0 fontsize8">Commissioner, appointment.</p></sidenote> of the International Joint Commission appointed on the part of the United States, pursuant to article VII of the treaty between the United States and Great Britain relating to boundary waters between the United States and Canada, signed at Washington on January 11, 1909 (36 Stat. 2448; TS 548; III Redmond 2607), shall be appointed by the President by and with the advice and consent of the Senate.</content> </section> <section> <heading class="smallCaps centered">foreign gifts</heading> <num value="116"><inline class="smallCaps">Sec</inline>. 116. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956, as amended by section 104 of this Act, is further amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="20"><inline class="smallCaps">“Sec</inline>. 20. </num> <content class="inline">Any expenditure for any gift for any person of any foreign<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2690">22 USC 2690</ref>.</p></sidenote> country which involves any funds made available to meet unforeseen emergencies arising in the Diplomatic and Consular Service shall be audited by the Comptroller General and reports thereon made to the Congress to such extent and at such times as he may determine necessary. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property pertaining to such expenditure, and necessary to facilitate the audit.”.</content> </section> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">state department/united states information agency personnel system</heading> <num value="117"><inline class="smallCaps">Sec</inline>. 117. </num> <content class="inline">It is the sense of Congress that the proliferation of personnel categories within the State Department, and the United States Information Agency (the several categories being characterized by various standards for hiring, tenure, and pay) has resulted in a personnel system susceptible to inefficiency, inequity, and abuse. Therefore,<sidenote><p class="indent0 firstIndent0 fontsize8">Comprehensive plan, transmittal to Congress.</p></sidenote> within one hundred and eighty days of the enactment, of this Act, the Secretary of State shall transmit to Congress a comprehensive plan for the improvement and simplification of this system, such plan to include a reduction in the number of personnel categories, and proposed legislation if necessary.</content> </section> <section> <heading class="smallCaps centered">parliamentary conferences</heading> <num value="118"><inline class="smallCaps">Sec</inline>. 118. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 2 of the Act of June 11, 1959 (Public Law 86–42; 73 Stat. 72), is amended by striking out “<quotedText>$30,000</quotedText>” and inserting<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s276e">22 USC 276e</ref>.</p></sidenote> in lieu thereof “<quotedText>$50,000</quotedText>”, and by striking out “<quotedText>$15,000</quotedText>” each time it appears and inserting in lieu thereof “<quotedText>25,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 2 of the Act of April 9, 1960 (Public Law 86–420; 74 Stat. 40), is amended by striking out “<quotedText>$30,000</quotedText>” and inserting in lieu<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s276i">22 USC 276i</ref>.</p></sidenote> thereof “<quotedText>$50,000</quotedText>”, and by striking out “<quotedText>$15,000</quotedText>” each time it appears and inserting in lieu thereof “<quotedText>$25,000</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">medical malpractice protection</heading> <num value="119"><inline class="smallCaps">Sec</inline>. 119. </num> <content class="inline">Title X of the Foreign Service Act of 1946 is amended by adding at the end thereof the following new part: <page identifier="/us/stat/90/828">90 STAT. 828</page> <quotedContent> <part> <num value="J"><inline class="smallCaps">“Part J</inline>—</num> <heading class="inline"><inline class="smallCaps">Malpractice Protection</inline></heading> <section class="firstIndent1 fontsize10"> <num value="1091"><inline class="smallCaps">“Sec</inline>. 1091. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s817">22 USC 817</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>The remedy—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>against the United States provided by sections 1346(b) and 2672 of title 28 of the United States Code, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>through proceedings for compensation or other benefits from the United States as provided by any other law, where tile availability of such benefits precludes a remedy under such sections,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (including medical and dental assistants and technicians, nursing assistants, and therapists) or other supporting personnel of the Department of State (including the Agency for International Development) in furnishing medical care or related services, including the conducting of clinical studies or investigations, while in the exercise of his or her duties in or for the Department of State or any other Federal department, agency, or instrumentality shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or his or her estate) whose act or omission gave rise to such claim.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Civil action.</p></sidenote> <content>The United States Government shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his or her estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or her or an attested true copy thereof to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Certification.</p></sidenote> <content>Upon a certification by the Attorney General that the defendant was acting within the scope of his or her employment in or for the Department of State or any other Federal department, agency, or instrumentality at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court, shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and t he proceeding deemed a tort action brought against the United States under the provisions<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t28/s1">28 USC 1 <i>et seq</i></ref>.</p></sidenote> of title 28 of the United States Code and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the ease shall be remanded to the State court except that where such remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in that event, the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in<page identifier="/us/stat/90/829">90 STAT. 829</page> section 2677 of title 28 of the United States Code and with the same effect.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>For purposes of this section, the provisions of section 2680(h) of title 28 of the United States Code shall not apply to any tort enumerated therein arising out of negligence in the furnishing of medical care or related services, including the conducting of clinical studies or investigations.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>The Secretary may, to the extent he deems appropriate, hold<sidenote><p class="indent0 firstIndent0 fontsize8">Liability insurance.</p></sidenote> harmless or provide liability insurance for any person to whom the immunity provisions of subsection (a) of this section apply, for damages for “personal injury, including death, negligently caused by any such person while acting within the scope of his or her office or employment and as a result of the furnishing of medical care or related services, including the conducting of clinical studies or investigations, if such person is assigned to a foreign area or detailed for service with other than a Federal agency or institution, or if the circumstances are such as are likely to preclude the remedies of third persons against the United States provided by sections 1346(b) and 2672 of title 28 of the United States Code, for such damage or injury.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <content>For purposes of this section, any medical care or related service<sidenote><p class="indent0 firstIndent0 fontsize8">Medical care.</p></sidenote> covered by this section and performed abroad by a covered person at the direction or with the approval of the United States Ambassador or other principal representative of the United States in the area shall be deemed to be within the scope of employment of the individual performing the service.”.</content> </subsection> </section> </part> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">appointment of ambassadors</heading> <num value="120"><inline class="smallCaps">Sec</inline>. 120. </num> <content class="inline">It is the sense of the Congress that a greater number of positions of ambassador should he occupied by career personnel in the Foreign Service.</content> </section> <section> <heading class="smallCaps centered">discrimination</heading> <num value="121"><inline class="smallCaps">Sec</inline>. 121. </num> <chapeau class="inline">Information should not be disseminated about opportunities<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2661a">22 USC 2661a</ref>.</p></sidenote> for, and there should be no participation or other assistance by any officer or employee of the Department of State (including the Agency for International Development) in, the negotiation of any contract or arrangement with a foreign country, individual, or entity, if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) is prohibited from entering<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s7701">26 USC 7701</ref>.</p></sidenote> into such contract or arrangement, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>such contract or arrangement requires that any such person be excluded from participating in the implementation of such contract or arrangement.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">on account of the race, religion, national origin, or sex of such person in the case, of an individual or, in the case of a partnership, corporation, association, or other entity, any officer, employee, agent, director, or owner thereof.</continuation> </section> <num value="II">TITLE II—</num> <heading class="inline">UNITED STATES INFORMATION AGENCY</heading> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>There are authorized to he appropriated for the United States Information Agency for fiscal year 1977, to carry out international informational activities and programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1431">22 USC 1431 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2451">22 USC 2451 note</ref>.</p></sidenote> and Cultural Exchange Act of 1961, and Reorganization<page identifier="/us/stat/90/830">90 STAT. 830</page><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1461">22 USC 1461 note</ref>.</p></sidenote> Plan Numbered 8 of 1953, and other purposes authorized by law, the following amounts:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for “Salaries and Expenses” and “Salary and Expenses (special foreign currency program)”, $255,925,000,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For “Special International Exhibitions”, $4,841,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For “Acquisition and Construction of Radio Facilities”, $2,142,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Such additional amounts as may lie necessary for increases in salary, pay, retirement, other employee benefits authorized by law, or other nondiscretionary costs.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Amounts appropriated under this section are authorized to remain available until expended.</content> </subsection> </section> <section> <heading class="smallCaps centered">transfer authority</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">Funds authorized to be appropriated for fiscal year 1977 by any paragraph of section 201(a) (other than paragraph (4)) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (4)), except that the total amount appropriated for a purpose described in any paragraph of section 201 (a) (other than paragraph (4)) may not exceed the amount specifically authorized for such purpose by section 201(a) by more than 10 per centum.</content> </section> <section> <heading class="smallCaps centered">purchase of uniforms</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">Section 804 of the United States Information and Educational<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1474">22 USC 1474</ref>.</p></sidenote> Exchange Act of 1948 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (12);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of paragraph (13) and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding immediately after paragraph (13) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <content>purchase uniforms, when funds are appropriated therefor.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">replacement of passenger motor vehicles</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Title VIII of the United States Information and Educational Exchange Act of 1948 is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“replacement of passenger motor vehicles</heading> <num value="806"><inline class="smallCaps">“Sec</inline>. 806. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1475a">22 USC 1475a</ref>.</p></sidenote> <content class="inline">The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this Act or the Mutual Educational and Cultural Exchange Act of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2451">22 USC 2451 note</ref>.</p></sidenote> 1961 are authorized to be made available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 201(c) of the Federal Property and Administrative<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s481">40 USC 481</ref>.</p></sidenote> Services Act of 1949.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">bicentennial distribution of certain items prepared by the united states information agency</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1461">22 USC 1461</ref>.</p></sidenote> 1948, the Director of the United States Information Agency shall make available to the Administrator of General Services, for deposit<page identifier="/us/stat/90/831">90 STAT. 831</page> in the National Archives of the United States, a master copy of each of the films described in subsection (b) and 150 copies of the exhibit described in subsection (c) and the Administrator shall provide for the distribution of copies of such films and such exhibit for public viewing within the United States in conjunction with the commemoration of the American Revolution Bicentennial.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>The films referred to in subsection (a) are the following films<sidenote><p class="indent0 firstIndent0 fontsize8">Films.</p></sidenote> which were prepared by the United States Information Agency:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“Echoes”, a film sketching the aspirations of American democracy as evoked by heroes and leaders of the past.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“Santa Fe”, a film dealing with the historical and social development, of Santa Fe, New Mexico, and the surrounding countryside, and with the influence of Spanish, Indian, and Mexican culture on life in the United States Southwest.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“The Numbers Start With the River”, a film depicting the quality of life in a small mid western American town as seen through the eyes of two elderly, lifelong residents of the town.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“The Copland Portrait”, a film depicting the life, work, and music of American composer Aaron Copland, including his early student years and early interest in music, his current work with young composers, and his still energetic public performance schedule.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>“200”, an impressionistic animated cartoon tracing the past two centuries of the development of America.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>“Rendezvous”, a film portraying the frontier life of American fur trappers.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>“Century III—The Gift of Life”, a film describing the advances that have been made in the United States, and the prospects for future such advances, in medical techniques such as organ transplants, prosthesis, and immunology.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The exhibit referred to in subsection (a) is the exhibit, prepared by the United States Information Agency, entitled “Life, Liberty, and the Pursuit of Happiness”. Such exhibit is a collection of pictures and captions, derived primarily from documents contemporaneous with the events represented, depicting early cultural life in the United States and tracing the early economic growth of the United States, the expansion westward, the development of the democratic spirit, and the establishment of American government and legal institutions.</content> </subsection> </section> <section> <heading class="smallCaps centered">voice of america broadcasts</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Title V of the United States Information and Educational Exchange Act of 1948 is amended by adding the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">“Sec</inline>. 503. </num> <chapeau class="inline">The long-range interests of the United States are served<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1463">22 USC 1463</ref>.</p></sidenote> by communicating directly with the peoples of the world by radio. To be effective, the Voice of America (the Broadcasting Service of the United States Information Agency) must, win the attention and respect of listeners. These principles will therefore govern Voice of America (VOA) broadcasts:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>VOA will serve as a consistently reliable and authoritative source of news. VOA news will be accurate, objective, and comprehensive.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>VOA will represent America, not any single segment of American society, and will therefore present a balanced and comprehensive projection of significant American thought and institutions.</content> </paragraph> <page identifier="/us/stat/90/832">90 STAT. 832</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>VOA will present the policies of the United States clearly and effectively, and will also present responsible discussion and opinion on these policies.”.</content> </paragraph> </section> </quotedContent> </content> </section> <num value="III">TITLE III—</num> <heading class="inline">BOARD FOR INTERNATIONAL BROADCASTING</heading> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">Section 8 of the Board of International Broadcasting Act<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2877">22 USC 2877</ref>.</p></sidenote> of 1973 is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="8"><inline class="smallCaps">“Sec</inline>. 8. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>There are authorized to be appropriated to carry out the purposes of this Act for fiscal year 1977—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>$58,385,000, of which $5,000,000 shall be available only to the extent that the Director of the Office of Management and Budget determines (and so certifies to the Congress) is necessary, because of downward fluctuations in foreign currency exchange rates in order to maintain the budgeted level of operation for Radio Free Europe and Radio Liberty; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>such additional amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Amounts appropriated under this section are authorized to remain available until expended.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Director of the Office of Management and Budget shall place in reserve and inform the Congress of any amount appropriated under this section which, because of upward fluctuations in foreign currency exchange rates, is in excess of the amount necessary to maintain the budgeted level of operation for Radio Free Europe and Radio Liberty”.</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 3(b) of the Board for International Broadcasting<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2872">22 USC 2872</ref>.</p></sidenote> Act of 1973 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>in paragraph (1)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the first sentence, by striking out “<quotedText>seven members, two of whom shall be ex officio members</quotedText>” and inserting in lieu thereof “<quotedText>six members, one of whom shall be an ex officio member</quotedText>”. and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the fourth sentence, by striking out “<quotedText>the chief operating executive of Radio Liberty shall he ex officio members</quotedText>” and inserting in lieu thereof “<quotedText>Radio Liberty shall be an ex officio member</quotedText>”;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by amending paragraph (4) to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Term of Office of the Ex Officio Member</inline>.—</heading> <content>The ex officio member of the Board shall serve on the Board during his term of service as chief operating executive of Radio Free Europe and Radio Liberty.”; and</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in the third sentence of paragraph (5), by striking out “<quotedText>Ex officio members</quotedText>” and inserting in lieu thereof “<quotedText>The ex officio member</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 3 of such Act is further amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Supplies, services and personal property, procurement.</p></sidenote> <content>The Board may. to the extent it deems necessary to carry out its functions under this Act. procure supplies, services, and other personal property, including specialized electronic equipment.”.</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/90/833">90 STAT. 833</page> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>Paragraph (8) of section 4(a) of such Act is amended—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2873">22 USC 2873</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>30th day of October</quotedText>” and inserting in lieu thereof “<quotedText>31st day of January</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>June</quotedText>” and inserting in lieu thereof “<quotedText>September</quotedText>”.</content> </paragraph> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">MISCELLANEOUS</heading> <section> <heading class="smallCaps centered">japan-united states friendship act</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401 </num> <chapeau class="inline">The Japan-United States Friendship Act (Public Law 94–118) is amended—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2901">22 USC 2901 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2905">22 USC 2905</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2902">22 USC 2902</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (10) of section 6 by striking out “<quotedText>from the Secretary of State, on a reimbursable basis,</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in section 3(d) by striking out the period at the end thereof and inserting in lieu thereof “<quotedText>, including interest and proceeds accruing to the Fund from such funds in accordance with sections 6(4) and 7 of this Act.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>in section 3(e)(1) by striking out the period at the end thereof and inserting in lieu thereof “<quotedText>and interest and proceeds accruing to the Fund from such funds in accordance with sections 6(4) and 7 of this Act</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in section 7(b) by inserting “<quotedText>of amounts authorized to be<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2906">22 USC 2906</ref>.</p></sidenote> appropriated under section 3(d) of this Act</quotedText>” immediately after “<quotedText>investment</quotedText>” in the second sentence.</content> </subparagraph> </paragraph> </section> <section> <heading class="smallCaps centered">foreign currency reports</heading> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">Section 502(b) of the Mutual Security Act of 1954 is<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1754">22 USC 1754</ref>.</p></sidenote> amended by adding at the end thereof the following new sentence: “<quotedText>Each such consolidated report, shall be published in the Congressional Record within ten legislative days after it is forwarded pursuant to this subsection</quotedText>.”.</content> </section> <section> <heading class="smallCaps centered">report on international broadcasting</heading> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <chapeau class="inline">Not later than January 31, 1977, the President shall submit<sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2871">22 USC 2871 note</ref>.</p></sidenote> to the Congress a report—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>recommending steps to lie taken to utilize more effectively the transmission facilities for international broadcasting, both existing and planned, of the United States Government;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>examining the feasibility of greater cooperation with foreign countries to insure mutually efficient use of nationally owned and nationally funded transmission facilities for international broadcasting;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>containing a comprehensive outline of projected needs for United States international broadcasting operations based on anticipated language requirements and anticipated cooperation among various agencies of the United States Government, United States Government-funded organizations, and foreign governments involved in international broadcasting; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>recommending steps which should be taken to extend broadcasting operations similar to those carried out under the Board for International Broadcasting Act of 1973 to additional countries<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2871">22 USC 2871 note</ref>.</p></sidenote> where access to information is restricted by the policies of the governments of such countries.</content> </paragraph> </section> 90 STAT. 834 <num value="V">TITLE V—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Foreign Service Retirement Amendments of 1976.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s801">22 USC 801 note</ref>.</p></sidenote> <heading class="inline">FOREIGN SERVICE RETIREMENT</heading> <section> <heading class="smallCaps centered">short title</heading> <num value="500"><inline class="smallCaps">Sec</inline>. 500. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Foreign Service Retirement Amendments of 1976</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">foreign service staff participation</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1063">22 USC 1063</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 803 of the Foreign Service Act of 1946 is amended by adding the following paragraph at the end of subsection (a) thereof: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>All Foreign Service staff officers and employees appointed by the Secretary of State or the Director of the United States Information Agency with unlimited appointments.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 803 of such Act is further amended by changing the reference at the end of subsection (b)(2) from “852(b)” to “811”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 803 of such Act is further amended by striking out subsection (c) thereof.</content> </subsection> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1064">22 USC 1064</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The caption of section 804 of such Act is amended to read “definitions”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 804 of such Act is amended by striking out all of such section except paragraphs (4), (5), and (6) of subsection (b) and inserting in lien thereof the following: <quotedContent> <chapeau class="indent0 fontsize10">“When used in this title unless otherwise specified, the term—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>‘Annuitant’ means any person including a former participant or survivor who meets all requirements for an annuity from the Fund under the provisions of this or any other Act and who has filed claim therefor.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>‘Surviving spouse’ means the surviving wife or husband of a participant or annuitant who, in the case of a death in Service or marriage after retirement, was married to the participant or annuitant for at least two years immediately preceding his or her death or is the parent of a child born of the marriage.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1086">22 USC 1086</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 840.</p></sidenote> <content>‘Child’, except in section 841, means an unmarried child, under the age of eighteen years, or such unmarried child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self-support. In addition to the offspring of the participant, such term includes (A) an adopted child, (B) a stepchild or recognized natural child who received more than one-half support from the participant, and (C) a child who lived with and for whom a petition of adoption was filed by a participant, and who is adopted by the surviving spouse of the participant after the latter’s death. Such term also includes an unmarried student below the age of twenty-two years. For this purpose a child whose twenty-second birthday occurs before duly 1 or after August 31 of a calendar year, and while a student is deemed to have become twenty-two years of age on the first day of July after that birthday.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>‘Student’ means a child regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years, semesters, or terms if the interim or other period of nonattendance does not exceed five calendar months and if the child shows to the satisfaction of the Secretary that he or<page identifier="/us/stat/90/835">90 STAT. 835</page> she has a bona fide intention of continuing to pursue such course during the school year, semester, or term immediately following the interim.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau>Military and naval service’ means honorable active service—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the Armed Forces of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>as a commissioned officer of the National Oceanic and Atmospheric Administration or predecessor organization after June 30, 1961;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">but does not include service in the National Guard except when ordered to active duty in the service of the United States.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>‘Foreign Service normal cost’ means the level percentage of payroll required to be deposited in the Fund to meet the cost of benefits payable under the System (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for Government employees and less the cost of credit allowed for military service.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 804 of such Act is further amended by redesignating<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1064">22 USC 1064</ref>.</p></sidenote> present paragraphs (4), (5),and (6) of subsection (b) as paragraphs (7), (8), and (9), respectively.</content> </subsection> </section> <section> <heading class="smallCaps centered">conformity with civil service retirement system</heading> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content class="inline">Immediately after section 804 of such Act, insert the following new section: <quotedContent> <section> <heading class="smallCaps centered">“authority to maintain existing areas of conformity between civil service and foreign service retirement systems</heading> <num value="805"><inline class="smallCaps">“Sec</inline>. 805. </num> <subsection class="inline"> <num value="a">(a) </num> <content>In order to maintain existing conformity between the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1065">22 USC 1065</ref>.</p></sidenote> Civil Service Retirement and Disability System and the Foreign Service Retirement and Disability System, whenever (subsequent to .January 1, 1974) a law is enacted which affects a provision of general applicability in the Civil Service Retirement and Disability System (subchapter III, chapter 83, title 5, United States Code) or otherwise<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8331">5 USC 8331</ref>.</p></sidenote> affects current or former participants, annuitants, or survivors under that System which, immediately prior to the enactment of such law, had been substantially identical to a corresponding provision of law affecting participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System, such new provision of law shall be deemed to extend to the latter System so that it applies in like manner with respect to such Foreign Service Retirement and Disability System participants, former participants, annuitants, or survivors. The President is authorized by Executive order to<sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> prescribe regulations to implement this section and to make such extension retroactive lo a date no earlier than the effective date of such provision for the Civil Service Retirement and Disability System.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>Any provisions of an Executive order issued under the authority of this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>all provisions of law enacted prior to the effective date of the provision of such Executive order, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>any prior provision of an Executive order issued under authority of this section.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/90/836">90 STAT. 836</page> <section> <heading class="smallCaps centered">contributions</heading> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The heading of part B of title VIII of such Act is amended to read “<inline class="smallCaps">Contributions to the Fund</inline>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1071">22 USC 1071</ref>.</p></sidenote> <content>Section 811 of such Act is amended by adding the following at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Transfer.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>If an officer or employee under another retirement system for Government employees becomes a participant in the system by direct transfer, such officer or employee’s total contributions and deposits that would otherwise be refundable on separation including interest accrued thereon, except voluntary contributions, shall be transferred to the Fund effective as of the date such officer or employee becomes a participant in the System. Each such officer or employee shall be deemed to consent to the transfer of such funds and swell transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered prior to becoming a participant in the system.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No officer or employee, whose contributions are transferred to the Fund in accordance with the provisions of subsection (c)(1) of this section, shall lie required to make contributions in addition to those transferred, for periods of service for which required contributions were made to the other Government retirement fund, nor shall any refund be made to any such officer or employee on account of contributions made during any period to the other Government retirement fund, at a higher rate than that fixed by subsection (d) of this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Special contribution.</p></sidenote> <content> <p class="inline">Any participant, credited with civilian service after July 1, 1924 (1) for which no retirement contributions, deductions, or deposits have been made, or (2) for which a refund of such contributions, deductions, or deposits has been made which has not been redeposited, may make a special contribution to the Fund equal to the following percentages of basic salary received for such services:</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:80%; text-align:left; vertical-align:bottom">Service:</th> <th style="width:15%; text-align:right; vertical-align:top">Percent of basic salary</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em; padding-left:1em" leaders="yes">From July 1, 1921, to October 15, 1960, inclusive</td> <td style="text-align:right; vertical-align:bottom">5 </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em; padding-left:1em" leaders="yes">From October 16, 1960, to December 31, 1969, inclusive</td> <td style="text-align:right; vertical-align:bottom">6½</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em; padding-left:1em" leaders="yes">On and after January 1, 1970</td> <td style="text-align:right; vertical-align:bottom">7 </td> </tr> </tbody> </table> <p class="indent0 firstIndent0 fontsize10">Notwithstanding the foregoing, a special contribution for prior nondeposit service as a National Guard technician which would be creditable<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8331">5 USC 8331</ref>.</p></sidenote> under subchapter III, chapter 83, title 5, of the United States Code toward civil service retirement and for which a special contribution has not been made, shall be equal to the special contribution for such service computed in accordance with the above schedule multiplied by the percentage of such service that is creditable under section 851, Special contributions shall include interest computed from the midpoint of each service period included in the computation, or from the date refund was paid, to the date of payment of the special contribution<sidenote><p class="indent0 firstIndent0 fontsize8">Interest rate.</p></sidenote> or commencing date of annuity, whichever is earlier. Interest shall be compounded at the rate of 4 per centum per annum to December 31, 1976, and at 3 per centum per annum thereafter. No interest shall be charged on special contributions made, after the effective date of the<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ame</i>, p. 834.</p></sidenote> Foreign Service Retirement Amendments of 1976 for any period of separation from Government service which began before October 1, 1956. Special contributions may be paid in installments when authorized by the Secretary.</p> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>No contributions shall be required for any periods of military or naval service.</content> </subsection> <page identifier="/us/stat/90/837">90 STAT. 837</page> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>A participant, or survivor may make a special contribution any time before receipt of annuity and may authorize payment by offset against initial annuity accruals.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">computation of annuities</heading> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The heading of part C of title VIII of such Act is amend to read “<inline class="smallCaps">Computation and Payment of Annuities</inline>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of section 821 of such Act is amended (1) by<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076</ref>.</p></sidenote> striking out the phrase “<quotedText>for which full contributions have been made to the Fund</quotedText>” each time it appears and by striking out the commas immediately preceding and following such phrase the first time it appears, (2) by striking out “<quotedText>, 852</quotedText>”, and (3) by adding the following sentence at the end thereof: “<quotedText>The annuity shall be reduced by 10 per centum of any special contribution described in section 811 (d) due for<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 836.</p></sidenote> service for which no contributions were made and remaining unpaid unless the participant elects to eliminate the service involved for purposes of annuity computation.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Subsection (b) of section 821 of such Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Unless elected in writing to the contrary at the tune of retirement, any married participant shall receive a reduced annuity and provide a maximum survivor annuity for his or her spouse. Such a participant’s annuity or any portion thereof designated in writing by the participant as the base for the survivor benefit shall be reduced by 2½ per centum of the first $3,600 plus 10 per centum of any amount over $3,600, If an annuitant entitled to receive a reduced annuity under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse equal to 55 per centum of the full amount of the participant’s annuity computed under subsection (a) of this section, or by 55 per centum of any lesser amount the annuitant designated at the time of retirement as the base for the survivor benefit.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>An annuity payable from the Fund to a surviving spouse shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the survivor’s (A) remarriage prior to attaining age sixty, or (B) death. If a survivor annuity is terminated because of remarriage under clause (A) above, it shall be restored at the same rate commencing on the date such remarriage is terminated provided any lump sum paid upon termination of the annuity is returned to the Fund.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Subsection (d) of section 821 of such Act is amended by adding the following sentence at the end thereof: “<quotedText>If the annuity to a surviving child is initiated or resumed, the annuities of any other children shall be recomputed and paid from that date as though the annuities to all currently eligible children in the family were then being initiated.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Subsection (e) of section 821 of such Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>The annuity payable to a child under subsection (e) or (d) of this section shall begin on the day after the participant dies or if the child is not then qualified, on the first day of the month in which the child becomes eligible. A child’s annuity shall terminate on the last day of the month which precedes the month in which eligibility ceases.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Subsection (f) of section 821 of such Act is amended (1) by striking out “<quotedText>50</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>55</quotedText>”, and (2) by striking out the last two sentences and inserting in lieu thereof the following: “<quotedText>The annuity payable to a beneficiary under<page identifier="/us/stat/90/838">90 STAT. 838</page> the provisions of this subsection shall begin on the day after the annuitant, dies and shall terminate on the last day of the month preceding the survivor’s death.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076</ref>.</p></sidenote> <content>Section 821 of such Act is further amended by adding the following new subsections at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <content>An annuitant who was married at retirement and who later marries may, within one year after such marriage, irrevocably elect in writing a reduced annuity with benefit to any surviving spouse<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1064">22 USC 1064</ref>.</p></sidenote> who qualities under section 804(2). Receipt by the Secretary of notice of an election under this subsection voids prospectively any election previously made under subsection (f). The reduction in annuity required by an election under this subsection shall be computed and the amount of the survivor annuity shall be determined as if the election were made under subsection (b)(1). The annuity reduction or recomputation shall be effective the first day of the month after notice of the election is received by the Secretary.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <content>A surviving spouse shall not become entitled to a survivor annuity or to the restoration of a survivor annuity payable from the Fund unless the survivor elects to receive it instead of any other survivor annuity to which he or she may be entitled under this or any other retirement system for Government employees.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <content>Any married annuitant, who reverts to retired status with<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 843.</p></sidenote> entitlement, to a supplemental annuity under section 871 shall, unless the annuitant elects in writing to the contrary at that time, have the supplemental annuity reduced by 10 per centum to provide a supplemental survivor annuity for his or her spouse. Such supplemental survivor annuity shall be equal to 55 per centum of the annuitant’s supplemental annuity and shall be payable to a surviving spouse to whom the annuitant was married at the time of reversion to retired status or to whom the annuitant had been married for at least two years at the time of death or who is the parent of a child born of the marriage.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">payment of annuities</heading> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <content class="inline">Part C of title VIII of such Act is further amended by adding the following new section at the end thereof: <quotedContent> <section> <heading class="smallCaps centered">“payment of annuity</heading> <num value="822"><inline class="smallCaps">“Sec</inline>. 822. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076a">22 USC 1076a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Except as otherwise provided, the annuity of a former participant who has met the eligibility requirements for annuity shall commence on the day after separation from the Service or on the day after pay ceases. The annuity of a former participant<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1084">22 USC 1084</ref>.</p></sidenote> who is entitled to a deferred annuity under section 834 or under any other section of this Act shall begin on the day he or she reaches age sixty.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Application.</p></sidenote> <content>The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application therefor supported by such proof of eligibility as the Secretary may require. If such application or proof of eligibility is not submitted during an otherwise eligible person’s lifetime, no annuity shall be due or payable to his or her estate.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Waiver.</p></sidenote> <content>An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Secretary. The waiver may be revoked in writing at any time. Payment, of the annuity waived may not be made for the period during which the waiver was in effect.</content> </subsection> <page identifier="/us/stat/90/839">90 STAT. 839</page> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Recovery of overpayments under this title may not be made from an individual when, in the judgment of the Secretary, the individual is without fault and recovery would be against equity and good conscience or administratively infeasible.”</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">disability annuities</heading> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <chapeau class="inline">Section 831 of such Act is amended—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1081">22 USC 1081</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (a) thereof by striking out “<quotedText>that is credited in accordance with provisions of section 851 or 852(a)(2)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (c) thereof by striking out “<quotedText>(a)</quotedText>” following “section 841”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by amending subsection (d) thereof to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>No participant shall be entitled to receive an annuity under this Act and compensation for injury or disability to himself or herself under subchapter I of chapter 81, title 5, United States Code,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8101">5 USC 8101</ref>.</p></sidenote> covering the same period of time except that a participant, may simultaneously receive both an annuity under this section and scheduled disability payments under section 8107 of title 5, United States Code. This provision shall not bar the, right of any claimant to the greater benefit conferred by either this Act or such subchapter for any part of the same period of time. Neither this provision nor any provision of such subchapter shall be, so construed as to deny the right of any participant to receive an annuity under this Act and to receive concurrently any payment under such subchapter by reason of the death of any other person” and</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in subsection (e) thereof by striking out “<quotedText>section 14 of the Act of September 16, 1916, as amended</quotedText>” and inserting in lieu thereof “<quotedText>section 8135 of title 5, United States Code</quotedText>”.</content> </paragraph> </section> <section> <heading class="smallCaps centered">death in service</heading> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 832 of such Act is amended by amending subsections<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1082">22 USC 1082</ref>.</p></sidenote> (a), (b), (c).and (d) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>If a participant dies and no claim for annuity is payable under the provisions of this Act, the lump-sum credit shall be paid in accordance with section 841. <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 840.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>If a participant who has at least eighteen months of civilian service credit, toward retirement under the system dies before separation or retirement from the Service and is survived by a spouse, such surviving spouse shall be entitled to an annuity equal to 55 per centum of the annuity computed in accordance with the provisions of subsection (e) of this section and of section 821(a) and if the participant<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076</ref>.</p></sidenote> had less than three years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is survived by a wife or a husband and a child or children, each surviving child shall lie entitled to an annuity computed in accordance with subsections (c)(1) and (d) of section 821.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 821.”.</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/90/840">90 STAT. 840</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1082">22 USC 1082</ref>.</p></sidenote> <content>Section 832 of this Act is further amended by adding the following new subsections at the end: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>If an annuitant who elected a reduced annuity dies in service<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s915">22 USC 915</ref>.</p></sidenote> after being recalled under section 520(b) and is survived by a spouse entitled to a survivor annuity based on such an election, such survivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the deceased’s annuity had been resumed<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 843.</p></sidenote> in accordance with section 871. If such a death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a surviving spouse, in addition to any other benefits, shall be entitled to elect, in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076</ref>.</p></sidenote> annuity computed and paid under section 821(i) as if the recall service had otherwise terminated. If the annuitant had completed sufficient recall service to attain eligibility to have his or her annuity determined anew, a surviving spouse may elect, in lieu of any other benefit under this title, to have the annuitant’s rights redetermined and to receive a survivor annuity computed under subsection (b) of this section on the basis of the annuitant’s total service.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <content>Annuities that become payable under this section shall commence, terminate, and be resumed in accordance with subsection (b)(2), (e),or (h) of section 821,as appropriate.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">discontinued service—technical change</heading> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1084">22 USC 1084</ref>.</p></sidenote> <content class="inline">Section 834 of such Act is amended (1) by striking out “<quotedText>(a)</quotedText>” immediately following “<quotedText><inline class="smallCaps">Sec</inline>. 884.</quotedText>”; (2) by striking out “<quotedText>that is credited in accordance with the provisions of section 851 or 852(a)(2)</quotedText>” in subsection (a) thereof; and (3) by striking out subsection (b) thereof.</content> </section> <section> <heading class="smallCaps centered">lump-sum payments</heading> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num> <content class="inline">Part E of title VIII of such Act is amended to read as follows: <quotedContent> <part> <num value="E"><inline class="smallCaps">“Part E</inline>—</num> <heading class="inline"><inline class="smallCaps">Lump-Sum Payments</inline></heading> <section class="firstIndent1 fontsize10"> <num value="841"><inline class="smallCaps">“Sec</inline>. 841. </num><sidenote><p class="indent0 firstIndent0 fontsize8">“Lump-sum credit.”</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1086">22 USC 1086</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>‘Lump-sum credit’ as used in this title means the compulsory and special contributions to a participant’s or former participant’s credit in the Fund phis interest thereon compounded at 4 per centum per annum to the date of separation or December 31, 1976, whichever is earlier, and after such date for a participant, who separates from the Service after completing at least one year of civilian service and before completing five years of such service, at the rate of 3 per centum per annum to the date of separation. Interest shall not be paid for a fractional part of a month in the total service or on compulsory and special contributions from an annuitant for recall service or other service performed after the date of separation which forms the basis for annuity.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Whenever a participant becomes separated from the Service without becoming eligible for an annuity or a deferred annuity in accordance with the provisions of this Act, the lump-sum credit shall be paid to the participant.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contributions returned,</p></sidenote> <content>Whenever an annuitant becomes separated from the Service following a period of recall service without becoming eligible for a supplemental or recomputed annuity under section 871, the annuitant’s compulsory contributions to the Fund for such service together with<page identifier="/us/stat/90/841">90 STAT. 841</page> any special contributions the annuitant may have made for other service performed after the date of separation from the Service which forms the basis for annuity, shall be returned.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>If all annuity rights under this tide based on the service of a deceased participant or annuitant terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid in the order of precedence shown in subsection (g) of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>If a participant or former participant dies and is not survived by a person eligible for an annuity under this title or by such a person or persons all of whose annuity rights terminate before a claim for survivor annuity is filed, the lump-sum credit shall be paid in accordance with subsection (g) of this section,</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>If an annuitant who was a former participant dies, annuity accrued and unpaid, shall be paid in accordance with subsection (g) of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <chapeau>Payments authorized in subsections (d) through (f) of this section shall be paid in the following order of precedence to such person or persons surviving the participant and alive on the date entitlement to the payment arises, upon the establishment of a valid claim therefor, and such payment shall be a bur to recovery by any other person:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to the beneficiary or beneficiaries last designated by the participant before or after retirement in a signed and witnessed writing received by the Secretary prior to the participant’s death, for which purpose a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>if there be no such beneficiary, to the surviving wife or husband of such participant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>if none of the above, to the child or children of such participant (including adopted and natural children but not step-children) and descendants of deceased children by representation:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>if none of the above, to the parents of such participant or the survivor of them:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>if none of the above, to the duly appointed executor or administrator of the estate of such participant; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>if none, of the above, to other next of kin of such participant as may be determined in the judgment of the Secretary to be legally entitled thereto, except that no payment shall be made pursuant to this paragraph (6) until after the expiration of thirty days from the death of the participant or annuitant.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <content>Annuity accrued and unpaid on the death of a survivor annuitant shall lie paid in tlie following order of precedence, and the payment bars recovery by any other person: First, to the duly appointed executor or administrator of the estate of the survivor annuitant; second, if there is no such executor or administrator, payment may tie made, after the expiration of thirty days from the date of death of such survivor annuitant, to such person as may be determined by the Secretary to be entitled under the laws of the survivor annuitant’s domicile at the time of death.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <content>Amounts deducted and withheld from basic salary of a participant under section 811 from the beginning of the first pay period after<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1071">22 USC 1071</ref>.</p></sidenote> the participant has completed thirty-five years of service computed under sections 851 and 853, but excluding service credit for unused<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 842.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1093">22 USC 1093</ref>.</p></sidenote> sick leave under subsection (b) of section 851, together with interest on the amounts at the rate of 3 per centum a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under subsection (d)<page identifier="/us/stat/90/842">90 STAT. 842</page><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 836.</p></sidenote> of section 811, and any balance not so required shall be refunded in a lump sum to the participant after separation or, in the event of a death in service, to a beneficiary in the order of precedence specified in subsection (g) of this section.”.</content></subsection> </section> </part> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">creditable service</heading> <num value="511"><inline class="smallCaps">Sec</inline>. 511. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1091">22 USC 1091</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>The heading of section 851 of such Act is amended to read as follows; “<inline class="smallCaps">creditable service</inline>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Subsection (a) of section 851 of such Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>Except as otherwise specified by law, all periods of civilian and military and naval service and periods of absence and separation therefrom completed by a participant through the date of final separation from the Service that would be creditable, as determined by the Secretary, under section 8332 of title 5, United States Code, toward retirement under the Civil Service Retirement and Disability System, if performed by an employee under that system, shall be creditable for purposes of this title. Conversely, any such service performed after December 31, 1976, that is not creditable under specified conditions under section 8332 of title 5, United States Code, shall be excluded under this title under the same conditions.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 851 of such Act is further amended by adding the following new subsections at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>A participant who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of Government employees may, within sixty days after entering on that leave without pay, file with the employing agency an election to receive full retirement credit for such periods of leave without pay and arrange to pay concurrently into the Fund through the employing agency, amounts equal to the retirement deductions and agency contributions on the Foreign Service salary rate that would be applicable if the participant were in a pay status. If the election and all payments provided by this subsection are not made for the periods of such leave without, pay occurring after the effective date of this subsection, the participant may not receive any credit for such periods of leave without pay occurring after such date.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Special contribution.</p></sidenote> <content>A participant may make a special contribution for any period or periods of approved leave without pay while serving, before the effective date of this subsection, as a full-time officer or employee of an organization composed primarily of Government employees. Any such contribution shall be based upon the suspended Foreign Service salary rate, and shall be computed in accordance with section 811. A participant who makes such a contribution shall be allowed full retirement credit for the period or periods of leave without pay. If this contribution is not made, up to six months’ retirement credit shall be allowed for such periods of leave without pay each calendar year.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>A participant who has received a refund of retirement contributions (which has not been repaid) under this or any other retirement system for Government employees covering service which may be creditable may make a special contribution for such service pursuant to section 811. Credit may not be allowed for service covered by the refund unless the special contribution is made.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>No credit in annuity computation shall be allowed for any period of civilian service for which a participant made retirement contributions to another retirement system for Government employees unless (1) the right to any annuity under the other system which is<page identifier="/us/stat/90/843">90 STAT. 843</page> based on such service is waived, and (2) a special contribution is made covering such service pursuant to section 811. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1071">22 USC 1071</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>A participant who during the period of a war, or of a national emergency as proclaimed by the President or declared by the Congress, leaves the Service to enter the military service is deemed, for the purpose of this title, as not separated from the Service unless the participant applies for and receives a lump-sum payment under section 841. However, the participant is deemed to be separated from<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Arne</i>, p. 840.</p></sidenote> the Service after the expiration of five years of such military service.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">funding normal cost</heading> <num value="512"><inline class="smallCaps">Sec</inline>. 512. </num> <content class="inline">Section 865 of such Act is amended (1) by inserting “<quotedText>(a)</quotedText>”<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1105">22 USC 1105</ref>.</p></sidenote> immediately after “<quotedText><inline class="smallCaps">Sec</inline>. 865.</quotedText>”, and (2) by adding the following new subsection at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>There is authorized to be appropriated to the Fund for each fiscal year an amount equal to the amount of the Foreign Service normal cost for that year which is not met by contributions to the Fund under section 811(a).”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">annuity adjustment for recall service</heading> <num value="513"><inline class="smallCaps">Sec</inline>. 513. </num> <content class="inline">Section 871 of such Act is amended to read as follows:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1111">22 USC 1111</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“annuity adjustment for recall service</heading> <num value="871"><inline class="smallCaps">“Sec</inline>. 871. </num> <content class="inline">Any annuitant recalled to duty in the Service in accordance, with the provisions of section 520(b) Shall, while so serving, be<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 845.</p></sidenote> entitled in lieu of annuity to the full salary of the class in which serving. During such service, the recalled annuitant shall make contributions to the Fund in accordance with the provisions of section 811. On the day following termination of the recall service, the former annuity shall be resumed adjusted by any cost-of-living increases under section 882 that became effective during the recall period. If the<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 844.</p></sidenote> recall service lasts less than one year, the annuitant’s contributions to the Fund during recall service shall be refunded in accordance with section 841. If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under section 821 on the basis of service credit and average salary<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 837.</p></sidenote> earned during the recall period irrespective of the number of years of service credit previously earned. If the recall service continues for at least five years, the annuitant may elect to have his or her annuity determined anew under section 821 in lieu of any other benefits under this section. Any annuitant who is recalled under section 520 (b) may, upon written application, count as recall service any prior service that is creditable under section 851 that was performed after the separation upon which his or her annuity is based.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">voluntary contributions</heading> <num value="514"><inline class="smallCaps">Sec</inline>. 514. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 881 (a) of such Act is amended by striking out<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1116">22 USC 1116</ref>.</p></sidenote> that portion of such section which precedes paragraph (1) and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>The Voluntary contribution account shall be the sum of unrefunded<sidenote><p class="indent0 firstIndent0 fontsize8">Interest rate.</p></sidenote> amounts heretofore voluntarily contributed by any participant or former participant under this section or under a prior corresponding provision of law, plus interest compounded at the rate of 3 per centum per annum to date of separation from the Service or in case of a participant or former participant separated with entitlement to<page identifier="/us/stat/90/844">90 STAT. 844</page> a deferred annuity to the date the voluntary contribution account is claimed, or to the commencing date fixed for the deferred annuity or to the date of death, whichever is earlier. A participant’s or former participant’s account shall, effective on the date the participant becomes eligible for an annuity or a deferred annuity and at the participant’s election, be—”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1116">22 USC 1116</ref>.</p></sidenote> <content>Section 881 of such Act is further amended by striking out subsections (c) and (d) thereof and by inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Lump-sum payment.</p></sidenote> <content>A voluntary contribution account shall be paid in a lump sum following receipt of an application therefor from a present or former participant provided application is filed prior to payment of any additional annuity. If not sooner paid, the account shall be paid at such time as the participant separates from the Service for any reason without entitlement to an annuity, or a deferred annuity or at such time as a former participant dies or withdraws compulsory contributions to the Fund. In case of death, the account shall be paid in the<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 840.</p></sidenote> order of precedence specified in section 841 (g).”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">cost-of-living adjustments</heading> <num value="515"><inline class="smallCaps">Sec</inline>. 515. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsections (a), (b), and (c) of section 882 of such<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1121">22 USC 1121</ref>.</p></sidenote> Act are amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>A cost-of-living annuity increase shall become effective under this section on the effective date of each such increase under section 8340(b) of title 5, United States Code. Each such increase shall be applied to each annuity payable from the Fund which has a commencing date not later than the effective date of the increase.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The first annuity increase under this section after the effective date of tins paragraph shall equal the per centum rise in the price index, adjusted to the nearest one-tenth of 1 per centum, between the month last used to establish an increase under this section and the base month used to establish the concurrent increase under section 8340(b) of title 5, United States Code. Each subsequent annuity increase under this section shall be identical to the corresponding percentage increase under section 8340(b) of title 5, United States Code.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Eligibility.</p></sidenote> <chapeau>Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase except as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>An annuity, except a deferred annuity under section 834 or any other section of this Act, payable from the Fund to a participant who retires and receives an immediate annuity, or to a surviving spouse of a deceased participant who dies in service or who dies after being separated under the provisions of section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1004">22 USC 1004</ref>.</p></sidenote> 634(b)(2), which has a commencing date after the effective date of the then last preceding general annuity increase under this section shall not be less than the annuity which would have been payable if the commencing date of such annuity had been the effective date of such last preceding increase. In the administration of this paragraph, the number of days of unused sick leave to an employee’s or deceased employee’s credit on the effective date of the then last preceding general annuity increase under this section shall be deemed to be equal to the number of days of unused sick leave to his or her credit on the day of separation from the Service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Effective from its commencing date, an annuity payable from the Fund to an annuitant’s survivor, except a child entitled<page identifier="/us/stat/90/845">90 STAT. 845</page> under section 821(c) or 832 (c) or (d), shall be increased by the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 839.</p></sidenote> total per centum increase the annuitant was receiving under this section at death.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>For purposes of computing or recomputing an annuity to a child under section 821 (c) or (d) or 832 (c) or (d), the items $900, $1,080, $2,700 and $3,240 appearing in section 821 (c) shall be increased by the total per centum increases by which corresponding amounts are being increased under section 8340 of title 5, United States Code, on the date the child’s annuity becomes effective.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 882 of such Act is further amended by adding the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1121">22 USC 1121</ref>.</p></sidenote> following new subsection at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <chapeau>Effective the first day of the second month which begins after the effective date of the Foreign Service Retirement Amendments of 1976 or on the commencing date of an annuity, whichever is later, the<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 834.</p></sidenote> annuity of each surviving spouse whose entitlement to annuity resulted from the death—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>before the effective date of the Foreign Service Retirement Amendments of 1976, of (A) a participant, or (B) a former participant entitled to benefits under section 634(b); or <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1004">22 USC 1004</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>of an annuitant who, prior to the effective date of the Foreign Service Retirement Amendments of 1976, elected a reduced annuity under this or any other Act in order to provide a spouse’s survivor annuity;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be increased by 10 per centum.”.</continuation> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">repeals</heading> <num value="516"><inline class="smallCaps">Sec</inline>. 516. </num> <content class="inline">Sections 833, 852, and 854 of such Act are repealed. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1083/1092/1094">22 USC 1083, 1092, 1094</ref>.</p></sidenote></content> </section> <section> <heading class="smallCaps centered">recall</heading> <num value="517"><inline class="smallCaps">Sec</inline>. 517. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The caption of section 520 of such Act is amended to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s915">22 USC 915</ref>.</p></sidenote> read “reaitointment and recall”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Subsection (b) of section 520 of such Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Whenever the Secretary determines it to be in the public interest, any retired officer or employee of the Service may be recalled for active duty on a temporary or limited basis to any appropriate class in his or her former category, except that a retired Foreign Service officer may not be recalled to a class higher than he or she held at the time of retirement unless appointed to the higher class by the President by and with the advice and consent of the Senate.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">retirement of career ambassadors</heading> <num value="518"><inline class="smallCaps">Sec</inline>. 518. </num> <content class="inline">Section 631 and the heading thereto of such Act are<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1001">22 USC 1001</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“foreign service officers who are career ambassadors</heading> <num value="631"><inline class="smallCaps">“Sec</inline>. 631. </num> <content class="inline">Any Foreign Service officer who is a career ambassador, other than one occupying a position as chief of mission or any other position to which appointed by the President, by and with the advice and consent of the Senate, shall be retired from the Service at the end of the month in which the officer reaches age sixty-five and receive retirement benefits in accordance with the provisions of section 821,<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 837.</p></sidenote> but whenever the Secretary shall determine it to be in the public interest, such an officer may be retained on active service for a period<page identifier="/us/stat/90/846">90 STAT. 846</page> not to exceed five years. Any such officer who completes a period of authorized service after reaching age sixty-five shall be retired at the end of the month in which such service is completed.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">retirement of participants who are not career ambassadors</heading> <num value="519"><inline class="smallCaps">Sec</inline>. 519. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1002">22 USC 1002</ref>.</p></sidenote> <content class="inline">Section 632 of such Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“participants in the foreign service retirement and disability system who are not career ambassadors</heading> <num value="632"><inline class="smallCaps">“Sec</inline>. 632. </num> <content class="inline">Any participant in the Foreign Service Retirement and Disability System, other than one occupying a position as chief of mission or any other position to which appointed by the President, by and with the advice and consent of the Senate, who is not a career ambassador shall be retired from the Service at the end of the month in which the participant reaches age sixty and receive retirement<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 837.</p></sidenote> benefits in accordance with the provisions of section 821, but whenever the Secretary shall determine it to be in the public interest, such a participant may be retained on active service for a period not to exceed five years. Any such participant who completes a period of authorized service after reaching age sixty shall be retired at the end of the month in which such service is completed.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">selection-out benefits</heading> <num value="520"><inline class="smallCaps">Sec</inline>. 520. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1004">22 USC 1004</ref>.</p></sidenote> <chapeau class="inline">Section 634 (b)(2) of such Act is amended by striking out—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“<quotedText>, with interest</quotedText>” after the words “<quotedText>Disability Fund</quotedText>” the first time the latter appears;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“<quotedText>(a)</quotedText>” after “<quotedText>section 841</quotedText>” the first time the latter appears;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“<quotedText>that is credited in accordance with the provisions of section 851 or 852(a)</quotedText>” after “<quotedText>naval service</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“<quotedText>, with interest as provided in section 841(a)</quotedText>”, after “<quotedText>Disability Fund</quotedText>” the last rime, the latter appears; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>“<quotedText>(b)</quotedText>” after “<quotedText>section 841</quotedText>” the last time the latter appears.</content> </paragraph> </section> <section> <heading class="smallCaps centered">separation for cause</heading> <num value="521"><inline class="smallCaps">Sec</inline>. 521. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1007">22 USC 1007</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Section 637 of such Act is amended by striking from the first sentence of subsection (b) thereof—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“<quotedText>, with interest</quotedText>” after “<quotedText>Disability Fund</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“<quotedText>(a)</quotedText>” after “<quotedText>section 841</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“<quotedText>that is credited in accordance with the provisions of section 851 or 852(a)</quotedText>”after “<quotedText>naval service</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Such subsection (b) is further amended by striking out the last sentence thereof.</content> </subsection> </section> <section> <heading class="smallCaps centered">conversion to foreign service retirement system</heading> <num value="522"><inline class="smallCaps">Sec</inline>. 522. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1063">22 USC 1063 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>In accordance with such regulations as the President may prescribe, all Foreign Service staff officers and employees with unlimited appointments who (1) have been appointed by the Secretary of State or the Director, United States Information Agency, and (2) arc participants in the Civil Service Retirement and Disability System on the effective date of this section, shall be transferred to the Foreign Service Retirement and Disability System effective on such date. Their retirement contributions shall be transferred in accordance with section<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 836.</p></sidenote> 811 of the Foreign Service Act of 1946, as amended by this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Mandatory retirement at age sixty as prescribed in section 632<page identifier="/us/stat/90/847">90 STAT. 847</page> of the Foreign Service Act of 1946, as amended by this title, shall not<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 846.</p></sidenote> apply to any Foreign Service staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability System pursuant to subsection (a) of this section until such officer or employee completes ten years of continuous service in the Foreign Service exclusive of military service, in the Department of State or ten years of such continuous service in the United States Information Agency.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Any Foreign Service, staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability System pursuant to subsection (a) of this section who is age fifty-seven or over on the effective date of this section may retire voluntarily at any time prior to mandatory retirement and receive retirement benefits under section 821 of the Foreign Service Act of 1946, as amended by this title. <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 837.</p><p class="indent0 firstIndent0 fontsize8">Repeal.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1229">22 USC 1229 and note</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 9(b) of the Act of August 20, 1968 (82 Stat. 812), is repealed on the effective date of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">grants to certain widows and survivor annuity elections</heading> <num value="523"><inline class="smallCaps">Sec</inline>. 523. </num> <subsection class="inline"> <num value="a">(a) </num> <content>A Foreign Service annuitant who was married at the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076 note</ref>.</p></sidenote> time of retirement, whose service terminated prior to October 16, 1960, and who has not elected any survivor benefit, may, within one hundred and twenty days after the effective date of this title, elect a reduction in his or her annuity of $300 per annum and provide a survivor benefit of $2,400 per annum payable to the annuitant’s surviving spouse provided the marriage had been in effect for at least two years at the time, of death or resulted in the birth of a child. The survivor annuity shall be treated in all respects as if it had been elected under section 821 (b) of the Foreign Service Act of 1946, as amended by this title.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>An annuitant who makes an election under subsection (a) of tins section shall pay into the Foreign Service Retirement and Disability Fund an amount equal to $25 times the number of full months between the commencing date of his or her annuity and the first of the month following receipt of notice of election by the Secretary of State. Tins amount may be paid into such Fund by deduction from annuity in multiples of $25 per month. The annuity reduction under subsection (a) of this section and the deduction under this subsection shall commence effective the first of the month following receipt of notice of the election by the Secretary of State. The deduction under this subsection shall continue until the required amount has been paid into such Fund or until the annuitant’s death, whichever occurs first; and if the latter, any remaining portion of such required amount shall be deemed t o have been paid.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>If a Foreign Service annuitant who separated from the Foreign Service, prior to October 16, I960, died before the effective date of this title, or dies within one hundred and twenty days after such effective date leaving a spouse to whom married at retirement who is not entitled to receive a survivor annuity under the terms of section 8133 of title 5, United States Code, or any law authorizing payment from the Foreign Service Retirement and Disability Fund and who qualifies under section 821(h) of the Foreign Service, Act of 1946, as amended by this title, the Secretary of State shall grant such surviving spouse, if not remarried prior to age sixty, an annuity, to be payable from such Fund in the amount of $2,400 per annum adjusted by all cost-of-living increases received by widows granted annuities under section 4 of the Act of October 31, 1965 (79 Stat, 1130). An annuity to a surviving<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1079o">22 USC 1079<i>o</i></ref>.</p></sidenote> spouse who remarried prior to age sixty may be initiated or resumed under this subsection in accordance with the provisions of subsections <page identifier="/us/stat/90/848">90 STAT. 848</page><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 837.</p></sidenote> (b) and (h) of section 821 of the Foreign Service Act of 1946, as amended by this title, if such remarriage has terminated or terminates in the future.</content> </subsection> </section> <section> <heading class="smallCaps centered">effective dates</heading> <num value="524"><inline class="smallCaps">Sec</inline>. 524. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s915">22 USC 915 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Unless otherwise specified, this title shall be effective upon enactment or on October 1, 1976, whichever is later.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1063">22 USC 1063 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, pp, 846, 834, 843.</p></sidenote> <content>Section 522 of this title and sections 803 and 881 of the Foreign Service Act of 1946, as amended by this title, shall lie effective on the first day of the first pay period which begins more than ninety days after the effective date of this title,</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076 note</ref>.</p></sidenote> <content>Effective on the last day of the first month which ends after the effective date, of this title, all Foreign Service survivor annuities, including those then in effect, shall terminate on the last day of a month in accordance with the provisions of subsections (b)(2)(B),<sidenote><i>Ante</i>, p. 837.</sidenote> (e), and (f) of section 821 of the Foreign Service Act of 1946, as amended by this title,</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1064">22 USC 1064 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 834.</p></sidenote> <content>The amendment of section 804 of the Foreign Service Act of 1946 made by this title broadening eligibility for children’s survivor annuities shall apply to all surviving children regardless of the date of death of the principal.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076 note</ref>.</p></sidenote> <content>Subsection (g) of section 821 of the Foreign Service Act of 1946, as added by this title, shall apply to both present and future Foreign Service annuitants. Any annuitant unmarried at retirement who married after retirement but prior to the effective date of this title may make an election under such subsection (g) if notice of the election is received by the Secretary of State within one year after such effective date.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1064">22 USC 1064 note</ref>.</p></sidenote> <content>If an annuitant dies on or after January 8, 1971, who, prior to the effective date of this title, elected a reduced annuity with a benefit to a surviving spouse, and is survived by a spouse acquired after such election who qualifies under section 804(2) of the Foreign Service Act of 1946, as amended by this title, such surviving spouse shall be entitled to an annuity computed under the law in effect at the time of such election and in accordance with all other applicable statutes. Such an annuity shall be treated in all other respects in the same manner as an annuity payable under section 821(b) of the Foreign Service Act of 1946, as amended by this title. For purposes of section 882(c)(2) of the Foreign Service Act of<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p, 837.</p></sidenote> 1946, as amended by this title, the death of an annuitant who has died before the effective date of this title shall be deemed to have occurred on such effective date.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076">22 USC 1076 note</ref>.</p></sidenote> <content>the restrictions on payment of survivor annuities in subsection (b)(2)(A) and subsection (h) of section 821 of such Act shall not apply to a supplemental survivor annuity provided under subsection<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 839.</p></sidenote> (i) of section 821 or subsection (f) of section 832 of such Act if the restrictions do not apply to a basic survivor annuity elected prior to commencement of the recall service.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>Subsection (a) of section 822 of the Foreign Service Act of 1946, as added by this title, shall be effective on the first day of the first month which begins on or after the effective date of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1076a">22 USC 1076a note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 838.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1086">22 USC 1086 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 840.</p></sidenote> <content>Subsection (a) of section 841 of the Foreign Service Act of 1946, as amended by this title, shall not apply to participants separated from the Foreign Service prior to the effective date of this title nor to their survivors. All payments from the Foreign Service Retirement Fund that become due on and after such effective date shall he paid in the order of precedence specified in such section 841 irrespective of the date of separation.</content> </subsection> <page identifier="/us/stat/90/849">90 STAT. 849</page> <subsection class="indent0 fontsize10"><num value="j">(j) </num> <content>Subsection (c) of section 851 of the Foreign Service Act of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1091">22 USC 1091 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 842.</p></sidenote> 1946, as added by this title, shall be effective on the first day of the first pay period that begins more than thirty days after the effective date of this title. A participant who is on approved leave without pay and is serving as a full-time officer or employee of an organization composed primarily of Government employees on the effective date of such section shall have sixty days from such date to file an election under subsection (c) of said section 851.</content> </subsection> <subsection class="indent0 fontsize10"><num value="k">(k) </num> <content>Subsection (f) of section 851 of the Foreign Service Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1091">22 USC 1091 note</ref>.</p></sidenote>1946, as added by this title, shall apply, in addition to present participants, to former participants who separated from the Foreign Service to enter the Armed Forces within the five-year period immediately preceding the effective date of this title and who are members of the Armed Forces on such date.</content> </subsection> <subsection class="indent0 fontsize10"><num value="l">(l) </num> <content>The annuity of a survivor who Incomes immediately eligible for<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1064">22 USC 1064 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 847.</p></sidenote> an annuity under subsection (c) of section 523 of this title or subsection (d) or (f) of this section shall become effective the first day of the first month which begins on or after the effective date of this title. However, payment shall be made only after receipt by the Department of State of such application for annuity and such proof of eligibility as the Secretary may require. If such application and proof of eligibility are not submitted during an otherwise eligible person’s lifetime, no annuity shall be due or payable to his or her estate.</content> </subsection> <subsection class="indent0 fontsize10"><num value="m">(m) </num> <content>The amendment of subsections (a) and (b) of section 882 of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1121">22 USC 1121 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 844.</p></sidenote> the Foreign Service Act of 1946 made by this title shall be effective on the fifteenth day of the third month which begins after the effective date of this title,</content> </subsection> <subsection class="indent0 fontsize10"><num value="n">(n) </num> <chapeau>Annuities which commenced between—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1121">22 USC 1121 note</ref>.</p></sidenote></chapeau> <level class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the effective date of the last cost-of-living increase which became effective under section 882 of the Foreign Service Act of 1946 prior to the effective date of this title, and</content> </level> <level class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>such effective date,</content> </level> <continuation class="indent0 firstIndent0 fontsize10">shall be recomputed and, if necessary, adjusted retroactively to their commencing dates to apply the provisions of new subsections (c)(1) of section 882 of the Foreign Service Act of 1946, as added by section 515 of this title.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="o">(o) </num> <chapeau>Any Foreign Service officer who is or becomes a career minister<sidenote><p class="indent0 firstIndent0 fontsize8">Career ministers.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1001">22 USC 1001 note</ref>.</p></sidenote> and who is not occupying a position to which appointed by the President, by and with the advice and consent of the Senate, shall be mandatorily retired for age in accordance with the schedule below and receive benefits under section 821 of the Foreign Service Act of 1946, unless the Secretary determines it to be in the public interest to extend such officer’s service for a period not to exceed five years:</chapeau> <page identifier="/us/stat/90/850">90 STAT. 850</page> <level> <heading class="centered">Retirement Schedule</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Any career minister who reaches age sixty-five during the month this title becomes effective shall be retired at the end of such month.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Other career ministers who arc age sixty or over on such effective date shall be retired at the end of the month which contains the midpoint between the last day of the month of such effective date and the last day of the month during which the officer would reach age sixty-five, counting thirty days to the month.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>On the last day of the thirtieth month which ends after such effective date, all other career ministers who are age sixty or over shall be retired, and thereafter the amendments made by sections 518 and 519 shall be applicable in all cases.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Any career minister who completes a period of authorized service after he reaches mandatory retirement age as provided in the above schedule shall be retired at the end of the month in which the officer completes such service.</content> </paragraph> </level> </subsection> </section> Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–881 accompanying H.R. 12262. No. 94–1083 accompanying H.R. 13179, and No. 94–1116 accompanying H.R. 13589 (Comm. on International Relations). SENATE REPORT No. 94–703 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 29, considered and passed Senate.

June 18, considered and passed House, amended, in lieu of H.R. 13589, H.R. 13179, and H.R. 12262.

June 29, House agreed to conference report.

June 30, Senate agreed to conference report.

 Public Law 94–351: Making appropriations for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1977, and for other purposes. Public Law 351 Public Law 94–351 90 Stat. 851 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 851 Public Law 94–351 94th Congress
An Act Making appropriations for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1977, and for other purposes.

July 12, 1976

[H.R. 14237]

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

Agriculture and related agencies.

Appropriations for fiscal year 1977.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1977, and for other purposes; namely:
<num value="I">T1TLE I—</num> <heading class="inline">AGRICULTURAL PROGRAMS</heading> <appropriations level="intermediate"><heading>Production, Processing, and Marketing</heading> <appropriations level="small"><heading>office of the secretary</heading> <content>For necessary expenses of the Office of the Secretary of Agriculture, including not to exceed $5,000 for employment under 5 U.S.C. 3109, $2,267,000: <proviso><i>Provided</i>, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558:</proviso> <proviso><i>Provided further</i>, That not to exceed $4,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary.</proviso></content> </appropriations> <appropriations level="small"><heading>departmental administration</heading> <content>For Budget, Fiscal and Management, $3,307,721; for General Operations, $1,528,217; for ADP Systems, $192,335; for Personnel Administration, $2,012,127; for Equal Opportunity, $2,420,600; for Information Services provided by the Office of Communication, including the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $4,684,000; making a total of $14,145,000 for Departmental Administration to provide for necessary expenses for management support services to offices of the Department of Agriculture, and for general administration of the Department of Agriculture, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, of which not to exceed $10,000 for employment under 5 U.S.C. 3109 and, not to exceed $1,269,000 may be used for farmers’ bulletins and not less than two hundred thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by A4 U.S.C. 1301: <proviso><i>Provided</i>, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).</proviso></content> </appropriations> <page identifier="/us/stat/90/852">90 STAT. 852</page> <appropriations level="small"><heading>economic management support center</heading> <content>For necessary expenses of the Economic Management Support Center to provide management support services to selected agencies of the Department of Agriculture, $2,802,000: <proviso><i>Provided</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.</proviso>S.C. 2225), and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109 (7 U.S.C. 2201–2202).</content> </appropriations> <appropriations level="small"><heading>office of the inspector general</heading> <content>For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic. Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000, for employment under 5 U.S.C. 3109, $18,434,000 and in addition, $7,932,000 shall be derived by transfer from the appropriation, “<quotedText>Food Stamp Program</quotedText>” and merged with this appropriation.</content> </appropriations> <appropriations level="small"><heading>office of the general counsel</heading> <content>For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $8,708,000.</content> </appropriations> <appropriations level="small"><heading>agricultural research service</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for), home economics or nutrition and consumer use, and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, except that the foregoing limitation shall not apply to the acquisition of lands for the U.S. Sugarcane Laboratory, Houma, Louisiana, at a cost not to exceed $450,000; $270,576,000: <proviso><i>Provided</i>, That appropriations hereunder shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2254">7 USC 2254</ref>.</p></sidenote> That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only and for the acquisition without cost of not to exceed one to be obtained by transfer:</proviso> <proviso><i>Provided further</i>, That of the appropriations hereunder, not less than $10,526,600 shall be available<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/y7/s2254">7 USC 2254</ref>.</p></sidenote> to conduct, marketing research:</proviso> <proviso><i>Provided further</i>, That appropriations hereunder shall be available pursuant, to 7 U.S.C. 2250, for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headhouses connecting greenhouses) shall not exceed $57,500, except for six buildings to be constructed or improved at a cost not to exceed $112,500 each, and the cost of altering any one building during the fiscal year shall not exceed $21,500, or 22 per centum of the cost of the building, whichever is greater:</proviso> <proviso><i>Provided further</i>, That, the limitations on alterations contained in this Act shall not apply to a total of $100,000 for facilities at Beltsville, Maryland:</proviso> <proviso><i>Provided further</i>, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a).</proviso></p> <page identifier="/us/stat/90/853">90 STAT. 853</page> <p class="firstIndent1 fontsize10">Special fund: To provide for additional labor, subprofessional, and<sidenote><p class="indent0 firstIndent0 fontsize8">Special fund.</p></sidenote> junior scientific help to be employed under contracts and cooperative agreements to strengthen the work at research installations in the field, not more than $2,000,000 of the amount appropriated under this head for the previous fiscal year may be used by the Administrator of the Agricultural Research Service in departmental research programs in the current fiscal year, the amount so used to be transferred to andmerged with the appropriation otherwise available under “Agricultural Research Service”.</p> </content> </appropriations> <appropriations level="small"><heading>scientific activities overseas (special foreign currency program)</heading> <content>For payments in foreign currencies owed to or owned by the United States for market development research authorized by section 104 (b)(1) and for agricultural and forestry research arid other functions related thereto authorized by section 104(b)(3) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b)(1), (8)), $7,500,000: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations for these purposes, for payments in the foregoing currencies:</proviso> <proviso><i>Provided further</i>, That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed, and can be used most effectively to carry out the purposes of this paragraph:</proviso> <proviso><i>Provided further</i>, That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="small"><heading>animal and plant health inspection service</heading><content> For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b–c) necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; to carry on services related to consumer protection; and to protect the environment, as authorized by law, $403,667,000, of which $2,500,000 shall be available for the control of outbreaks of insects, plant diseases and animal diseases to the extent necessary to meet emergency conditions and $833,000 shall be for repayment to the Commodity Credit Corporation of advances (and interest thereon) made in accordance with authorities contained in the provisions of the appropriation items for the Animal and Plant Health Inspection Service in the Agriculture-Environmental and Consumer Protection Appropriation Act, 1975: <proviso><i>Provided</i>, That $1,000,000 of the funds for control of the fire<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/88/1822">88 Stat 1822</ref>.</p></sidenote> ant shall be placed in reserve for matching purposes with States which may come into the program:</proviso> <proviso><i>Provided further</i>, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by any State of at least 40 per centum:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall lie available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That, this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration,<page identifier="/us/stat/90/854">90 STAT. 854</page> and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $52,500, except for two buildings to be constructed or improved at a cost of not to exceed $105,000 each, and the cost of altering any one building during the fiscal year shall not exceed $20,000, or 20 per centum of the cost of the building, whichever is greater:</proviso> <proviso><i>Provided further</i>, That $3,800,000 shall remain available until expended for plans, construction and improvement of facilities without regard to limitations contained herein:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100:</proviso> <proviso><i>Provided further</i>, That, in addition, in emergencies which threaten the livestock or poultry<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s129">21 USC 129</ref>.</p></sidenote> industries of the country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-and-mouth disease, rinderpest, contagions pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases in poultry, and for expenses in accordance with the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t21/s114b">21 USC 114b</ref>.</p></sidenote> Act of February 28, 1947, as amended, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts.</proviso> </content> </appropriations> <appropriations level="small"><heading>cooperative state research service</heading> <content>For payments to agricultural experiment stations, for grants for cooperative forestry and other research, for facilities, and for other expenses, including $97,973,000 to carry into effect the provisions of the Hatch Act, approved March 2, 1387, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a–361i), and further amended<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1001">20 USC 1001 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1701">D.C. Code 31–1701 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s">7 USC 361f</ref>.</p></sidenote> by Public Law 92–318 approved June 23, 1972, and further amended by Public Law 93–471 approved October 26, 1974, including administration by the United States Department of Agriculture, and penalty mail costs of agricultural experiment stations under section 6 of the Hatch Act of 1887, as amended; $8,212,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a–582a–7), as amended by Public Law 92–318 approved June 23, 1972; $17,852.000, in addition to funds otherwise available for contracts and grants for scientific research under the. Act of August 4, 1965 (7 U.S.C. 450i); $1,500,000 for Rural Development Research as authorized under the Rural Development Act of 1972 (7 U.S.C. 2661–2668), including administrative expenses; and $1,115,000 for necessary expenses of the Cooperative State Research Service, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C, 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109; in nil $126,652,000.</content> </appropriations> <appropriations level="small"><heading>extension service</heading> <content> <p class="firstIndent1 fontsize10">Payments to States. Puerto Rico, Guam, and the Virgin Islands: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C, 341–349),<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s">7 USC 343</ref>.</p></sidenote> and section 506 of the Act of June 23, 1972, to be distributed under sections 3(b) and 3(c) of the Act, for retirement and employees’ compensation costs for extension agents, and for costs of penalty mail<page identifier="/us/stat/90/855">90 STAT. 855</page> for cooperative extension agents and State extension directors, $168,225,000; payments for the nutrition and family education program for low-income, areas under section 3(d) of the Act, $50,560,000; payments for extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321–326, 328) and Tuskegee Institute under section 3(d) of the Act, $8,400,000; payments for rural development<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s343">7 USC 343</ref>.</p></sidenote> work under section 3(d) of the Act, $1,000,000; payments for the pest management program under section 3(d) of the Act, $2,935,000; payments for the farm safety program under section 3(d) of the Act, $1,020,000; and payments for extension work under section 208(c) of Public Law 93–471, $910,000; and $1,500,000 for Rural<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1718">D.C. Code 31–1718</ref>.</p></sidenote> Development Education as authorized under the Rural Development Act of 1972 (7 U.S.C. 2661–2668); in all, $234.550,000: <proviso><i>Provided</i>, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of the Act of June 23, 1972, as amended,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/343">7 USC 343</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/86/350">86 Stat. 350</ref>.</p></sidenote> shall not lie paid to any State, Puerto Rico, Guam, or the Virgin Islands prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year.</proviso></p> <p class="firstIndent1 fontsize10">Federal administration and coordination: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341–349), and section 506 of tile Act of June 23, 1972, and section 208(d) of Public Law 93–471, and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possession, $5,658,000.</p> </content> </appropriations> <appropriations level="small"><heading>national agricultural library</heading> <content>For necessary expenses of the National Agricultural Library, $6,026,000: <proviso><i>Provided</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.</proviso>S.C. 2225). and not to exceed $35,000 shall be available for employment under 5 U.S.C. 3109: <proviso><i>Provided further</i>, That not.</proviso> to exceed $100,000 shall be available pursuant to 7 U.S.C, 2250 for the alteration and repair of buildings and improvements.</content> </appropriations> <appropriations level="small"><heading>statistical reporting service</heading> <content>For necessary expenses of the Statistical Reporting Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as authorized by the. Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other laws, $33,827.000: <proviso><i>Provided</i>, That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t7/411b">7 USC 411b</ref>.</p></sidenote> other than the commercial crop:</proviso> <proviso><i>Provided, further</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="small"><heading>economic research service</heading> <content>For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), and other laws, including economics of marketing; analyses relating to farm prices, income and<page identifier="/us/stat/90/856">90 STAT. 856</page> population, and demand for farm products, use of resources in agriculture, adjustments, cost and returns in farming, and farm finance; and for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they affect the competitive position of United States farm products; $28,080,000, of which not less than $200,000 shall he available for investigation, determination and finding as to the effect upon the production of food and upon the agricultural economy of any proposed action affecting such subject matter pending before the Administrator of the Environmental Protection Agency for presentation, in the public interest, before said administrator, other agencies or before the courts: <proviso><i>Provided</i>, That not less than $350,000 of the funds contained in this appropriation shall be available to continue to gather statistics and conduct a special study on the price spread between the farmer and consumer:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That not.</proviso> less than $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Agricultural Marketing Service</heading> <appropriations level="small"><heading>marketing services</heading> <content>For expenses necessary to carry on services related to consumer protection, agricultural marketing and distribution, and regulatory programs, other than Packers and Stockyards Act, as authorized by law, and for administration and coordination of payments to States; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $45,000 for employment under 5 U.S.C. 3109; $52,734,000: <proviso><i>Provided</i>, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed $7,500 or 7.5 per centum of the cost of the building, whichever is greater.</proviso></content> </appropriations> <appropriations level="small"><heading>payments to states and possessions</heading> <content>For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,600,000.</content> </appropriations> <appropriations level="small"><heading>funds for strengthening markets, income, and supply (section 32)</heading> <content>Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for (1) transfers to the Department of Commerce as authorized by the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s742a">16 USC 742a note</ref>.</p></sidenote> Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise pro-<page identifier="/us/stat/90/857">90 STAT. 857</page>vided in this Act; and (3) not more than $4,250,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s674">7 USC 674 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1911">7 USC 1911 note</ref>.</p></sidenote> the Agricultural Act of 1961.</content> </appropriations> <appropriations level="small"><heading>packers and stockyards administration</heading> <content>For expenses necessary for administration of the Packers and Stockyards Act, as authorized by law, including field employment pursuant<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s181">7 USC 181</ref>.</p></sidenote> to section 706(a) of the Organic Act of 1914 (7 U.S.C. 2225), and not to exceed $5,000 for employment under 5 U.S.C. 3109, $5,226,000.</content> </appropriations> <appropriations level="small"><heading>farmer cooperative service</heading> <content>For necessary expenses to carry out the Act of July 2, 1926 (7 U.S.C. 451–457), and for conducting research relating to the economic and marketing aspects of farmer cooperatives, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), $2,589,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Farm Income Stabilization</heading> <subheading>Agricultural, Stabilization and Conservation Service</subheading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary administrative expenses of the Agricultural Stabilization and Conservation Service, including expenses to formulate and carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301–1393); sections 7 to 15, 16(a), 16(b), 16(d), 16(e), 16(f), 16(i), and 17 of the Soil Conservation and Domestic Allotment Act, as amended and supplemented (16 U.S.C. 590g–590q); sections 1001 to 1010 of the Agricultural Act of 1970 as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501 to 1510); the Water Hank Act (16 U.S.C. 1301–1311); and laws pertaining to the Commodity Credit Corporation, $157,410,000: <proviso><i>Provided</i>, That, in addition, not to exceed $74,958,000 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund (including not to exceed $33,492,000 under the limitation on Commodity Credit Corporation administrative expenses):</proviso> <proviso><i>Provided further</i>, That other funds made available to the Agricultural Stabilization and Conservation Service for authorized activities may be advanced to and merged with this appropriation:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the.</proviso> Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109; <proviso><i>Provided further</i>, That no part of the funds appropriated or made available under this act.</proviso> shall be used (1) to influence the vote in any referendum; (2) to influence agricultural legislation, except as permitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of members of county and community committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for engaging in any activities other than advisory and supervisory<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s590h">16 USC 590h</ref>.</p></sidenote> duties and delegated program functions prescribed in administrative regulations.</content> </appropriations> <page identifier="/us/stat/90/858">90 STAT. 858</page> <appropriations level="small"><heading>dairy and beekeeper indemnity programs</heading> <content>For necessary expenses involved in making indemnity payments to dairy farmers for milk cows producing such milk and manufacturers of dairy products who have been directed to remove their milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government, and to beekeepers who through no fault of their own have suffered losses as a result of the use of economic poisons which had been registered and approved for use by the Federal Government, $4,050,000: <proviso><i>Provided</i>, That none of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of his willful failure to follow procedures prescribed by the Federal Government.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>CORPORATIONS</heading> <chapeau><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s713a–10">15 USC 713a–10</ref>.</p></sidenote>The following corporations and agencies are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided:</chapeau> <appropriations level="intermediate"><heading>Federal Crop Insurance Corporation</heading> <appropriations level="small"><heading>administrative and operating expenses</heading> <content>For administrative and operating expenses, $11,976,000.</content> </appropriations> <appropriations level="small"><heading>federal crop insurance corporation fund</heading> <content>Not to exceed $8,006,000 of administrative and operating expenses may be paid from premium income.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Commodity Credit Corporation reimbursement for net realized losses</heading> <content>To reimburse the Commodity Credit Corporation for net realized losses sustained in prior years, but not previously reimbursed, pursuant to the Act of August 17, 1961 (15 U.S.C. 713a–11, 713a–12), $189,053,000.</content> </appropriations> <appropriations level="small"><heading>limitation on administrative expenses</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s713a–10">15 USC 713a–10</ref>.</p></sidenote>Not to exceed $41,220,000 shall be available for administrative expenses of the Commodity Credit Corporation: <proviso><i>Provided</i>, That $3,133,000 of this authorization shall be available to support the position of Sales Manager who shall work to expand and strengthen sales of U.S. commodities in world markets (including those of the Corporation<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1691–1736e">7 USC 1691–1736e</ref>.</p></sidenote> and those funded by Public Law 480) pursuant to existing authority (including that contained in the Corporation’s charter and Public Law 480), and that such funds shall be used by such Sales Manager to form an agency to carry out the above activities. Such<page identifier="/us/stat/90/859">90 STAT. 859</page> Sales Manager shall report directly to the Board of Directors of the Corporation of which (he Secretary of Agriculture is a member. Such<sidenote><p class="indent0 firstIndent0 fontsize8">Reports to congressional committees.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1691–1736e">7 USC 1691–1736e</ref>.</p></sidenote> Sales Manager shall obtain, assimilate, and analyze all available information on developments related to private sales, as well as those funded by the Corporation and Public Law 480, including grade and quality as sold and as delivered and shall submit quarterly reports to the appropriate committees of Congress concerning such developments:</proviso> <proviso><i>Provided further</i>, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, for use only in such amounts and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote> at such times as may become necessary to carry out program operations:</proviso> <proviso><i>Prodded further</i>, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or persona] property belonging to the Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof.</proviso></content> </appropriations> </appropriations> <num value="II">TITLE II—</num> <heading class="inline">RURAL DEVELOPMENT AND ASSISTANCE</heading> <appropriations level="intermediate"><heading>Rural Development and Protection</heading> <subheading>Farmers Home Administration</subheading> <appropriations level="small"><heading>rural housing insurance fund</heading> <content> <p class="firstIndent1 fontsize10">For direct loans and related advances pursuant to section 517(m) of the Housing Act of 1949, as amended, $15,000,000 shall be available<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487</ref>.</p></sidenote> from funds in the rural housing insurance fund, and for insured loans as authorized by title V of the Housing Act of 1949, as amended,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471</ref>.</p></sidenote> $3,196,000,000 of which not less than $2,023,000,000 shall be available for subsidized interest loans to low-income borrowers as determined by the Secretary: <proviso><i>Prodded</i>, That unsubsidized interest guaranteed loans of not to exceed $500,000,000 shall be in addition to these amounts.</proviso></p> <p class="firstIndent1 fontsize10">For an additional amount to reimburse the rural housing insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of title V of the Housing Act of 1949, as amended (42 U.S.C. 1483, 1487e, and 1490a(c)), including $42,788,000 as authorized by section 521(c) of the Act, $175,429,000,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1490a">42 USC 1490a</ref>.</p></sidenote> and such amounts as may be necessary to carry out a rental assistance program under section 521(a)(2) of the Housing Act of 1949, as amended.</p> </content> </appropriations> <appropriations level="small"><heading>agricultural credit insurance fund</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount to reimburse the agricultural credit insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988(a)), $141,189,000.</p> <p class="firstIndent1 fontsize10">Loans may be insured, or made to be sold and insured, under this Fund in accordance with and subject to the provisions of 7 U.S.C. 1928–1929, as follows: real estate loans, $520,000,000, including not less than $450,000,000 for farm ownership loans; and not less than $54,000,000 for water development, use, and conservation loans; operating loans, $625,000,000; and emergency loans in amounts necessary to meet the needs resulting from natural disasters.</p> </content> </appropriations> <page identifier="/us/stat/90/860">90 STAT. 860</page> <appropriations level="small"><heading>rural water and waste disposal grants</heading> <content>For grants pursuant to sections 306(a)(2) and 306(a)(6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), $200,000,000 to remain available until expended, pursuant to section 306(d) of the above Act.</content> </appropriations> <appropriations level="small"><heading>very low-income housing repair grants</heading> <content>For grants to the elderly pursuant to section 504 of the Housing<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1474">42 USC 1474</ref>.</p></sidenote> Act of 1949, as amended, $5,000,000.</content> </appropriations> <appropriations level="small"><heading>rural housing for domestic farm labor</heading> <content>For financial assistance to public nonprofit organizations for housing for domestic farm labor, pursuant to section 516 of the Housing Act of 1949, as amended (42 U.S.C. 1486), $7,500,000.</content> </appropriations> <appropriations level="small"><heading>mutual and self-help housing</heading> <content>For grants pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $9,000,000.</content> </appropriations> <appropriations level="small"><heading>rural development insurance fund</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount to reimburse the rural development insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988(a)), $47,484,000.</p> <p class="firstIndent1 fontsize10">For loans to be insured, or made to be sold and insured, under this fund in accordance with and subject to the provisions of 7 U.S.C. 1928 and 86 Stat. 661–664, as follows: water and sewer facility loans, $600,000,000; industrial development loans, $350,000,000; and community facility loans, $200,000,000.</p> </content> </appropriations> <appropriations level="small"><heading>rural community fire protection grants</heading> <content>For grants pursuant to section 404 of the Rural Development Act of 1972, as amended (7 U.S.C. 2654), $3,500,000 to fund up to 50 per centum of the cost of organizing, training, and equipment for rural volunteer fire departments.</content> </appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farm and Rural Development. Act (7 U.S.C. 1921–1992), as amended; title V of the Housing Act of 1949, as amended (42 U.S.C. 1471–1490g); the Rural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950 (40 U.S.C. 440–444), for administering the loan program authorized by title IIIA of the Economic Opportunity Act of 1964 (Public Law 88–152, approved<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2841">42 USC 2841</ref>.</p></sidenote> August 20, 1964), as amended, and such other programs for which Farmers Home Administration has the responsibility for administering, $170,000,000, together with not more than $5,000,000 of the charges collected in connection with the insurance of loans as authorized by section 309(e) of the Consolidated Farm and Rural Development<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1929">7 USC 1929</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487</ref>.</p></sidenote> Act, as amended, and section 517(i) of the Housing Act of 1949, as<page identifier="/us/stat/90/861">90 STAT. 861</page> amended, or in connection with charges made on borrowers under section 502(a) of the Housing Act of 1949, as amended: <proviso><i>Provided</i>,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1472">42 USC 1472</ref>.</p></sidenote> That, in addition, not to exceed $500,000 of the funds available for the various programs administered by this agency may he transferred to this appropriation for temporary field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), to meet unusual or heavy workload increases:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000,000 of this appropriation may be used for employment under 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="small"><heading>rural development grants</heading> <content>For grants pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1932), $10,000,000.</content> </appropriations> <appropriations level="small"><heading>rural development service</heading> <content>For necessary expenses, not otherwise provided for, of the Rural Development Service in providing leadership, coordination, and related services in carrying out the rural development activities of the Department of Agriculture and for carrying out the responsibilities of the Secretary of Agriculture under section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $1,433,000: <proviso><i>Provided</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $3,000 shall be available for employment under 5 U.S.C. 3109.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Rural Electrification Administration</heading> <chapeau>To carry into effect the provisions of the Rural Electrification Act of 1936, as emended (7 U.S.C. 901–950 (b)), as follows:</chapeau> <appropriations level="small"><heading>rural electrification and telephone revolving fund loan authorizations</heading> <content>Insured loans pursuant to the authority of section 305 of the Rural Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as follows: rural electrification loans, not less than $750,000,000, nor more than $900,000,000, and rural telephone loans, not less than $250,000,000, to remain available until expended: <proviso><i>Provided</i>, That loans made pursuant to section 306 of that Act are in addition to these<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s936">7 USC 936</ref>.</p></sidenote> amounts.</proviso></content> </appropriations> <appropriations level="small"><heading>rural telephone bank</heading> <content> <p class="firstIndent1 fontsize10">For the purchase of Class A stock of the Rural Telephone Bank, $30,000,000, to remain available until expended (7 U.S.C. 901–950 (b)).</p> <p class="firstIndent1 fontsize10">The Rural Telephone Bank is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation in accord with la w, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out its authorized programs<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> for the current fiscal year.</p> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content>For administrative expenses to carry out the provisions of the. Rural Electrification Act of 1936, as amended (7 U.S.C. 901–950 (b)), includ-<page identifier="/us/stat/90/862">90 STAT. 862</page>ing not to exceed $500 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for employment under 5 U.S.C. 3109, $21,350,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Conservation</heading> <subheading>Soil Conservation Service</subheading> <appropriations level="small"><heading>conservation operations</heading> <content>For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–590f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant material centers; classification and mapping of soil; dissemination of information; purchase and erection or alteration of permanent buildings; and operation and maintenance of aircraft, to remain available until expended,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s590e–1">16 USC 590e–1</ref>.</p></sidenote> $214,423,000: <proviso><i>Provided</i>, That the cost of any permanent building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being purchased for other purposes, shall not exceed $5,000, except for one building to be constructed at a cost not to exceed $50,000 and eight buildings to be constructed or improved at a cost not to exceed $30,000 per building and except that alterations or improvements to other existing permanent buildings costing $5,000 or more may be made in any fiscal year in an amount not to exceed $1,000 per building:</proviso> <proviso><i>Provided further</i>, That no part, of this appropriation shall be available for the construction of any such building on land not owned by the Government:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16 U.S.C. 590a–590f) in demonstration projects:</proviso> <proviso><i>Provided further</i>, That this appropriation shall lie available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s590e–2">16 USC 590e–2</ref>.</p></sidenote></proviso> <proviso><i>Provided further</i>, That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the Service.</proviso></content> </appropriations> <appropriations level="small"><heading>river basin surveys and investigations</heading> <content>For necessary expenses to conduct research, investigations and surveys of the watersheds of rivers and other waterways, in accordance with section 6 of the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1006–1009), to remain available, until expended, $14,745,000: <proviso><i>Provided</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.</proviso>S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109.</content> </appropriations> <page identifier="/us/stat/90/863">90 STAT. 863</page> <appropriations level="small"><heading>watershed planning</heading> <content>For necessary expenses for small watershed i lives ligations and planning, in accordance with the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001–1008), to remain available until expended. $11, 196,000: <proviso><i>Provided</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="small"><heading>watershed and flood prevention operations</heading> <content>For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1001–1005, 1007–1008), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), and in accordance with the provisions of laws relating to the activities of the Department, $146, 199,000 (of which $25,872,000 shall be available for the watersheds authorized under the Flood Control Act, approved dune 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented): <proviso><i>Provided</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That $23,400,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat. 663).</proviso></content> </appropriations> <appropriations level="small"><heading>resource conservation and development</heading> <content>For necessary expenses in planning and carving out projects for resource conservation and development, and for sound land use, pursuant to the provisions of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended (7 U.S.C. 1010–1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), $20,972,000: <proviso><i>Provided</i>, That $3,600,000 in loans may be insured, or made to be sold and insured, under the. Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat, 663):</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="small"><heading>great plains conservation program</heading> <content>For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1956, as amended (16 U.S.C. 590p), $21,379,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/90/864">90 STAT. 864</page> <appropriations level="intermediate"><heading>Agricultural Stabilization and Conservation Service</heading> <appropriations level="small"><heading>agricultural conservation program</heading> <content>For necessary expenses to carry into effect the program authorized in sections 7 to 15,16(a), and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended and supplemented (16 U.S.C. 590g–590o, 590p(a), and 590q), and sections 1001–1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501–1508, and 1510), and including not to exceed $15,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $105,000,000, for compliance with the programs of soil-building and soil- and water-conserving practices authorized under this head in the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/641">89 Stat. 641</ref>.</p></sidenote> Agriculture, and Related Agencies Appropriation Act, 1976, entered into during the period July 1, 1975, to December 31, 1976, inclusive: <proviso><i>Provided</i>, That no portion of the funds for the current year’s program may be utilized to provide financial or technical assistance for drainage on wetlands now designated as Wetland Types 3(III), 4(IV), and 5(V) in United States Department of the Interior, Fish and Wildlife Circular 39, Wetlands of the United States, 1956:</proviso> <proviso><i>Provided further</i>, That, necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1977 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices, and pollution abatement<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s590g">16 USC 590g</ref>.</p></sidenote> practices, under the Act of February 29, 1936, as amended (amounting to $190,000,000, excluding administration, except that no participant in the Agricultural Conservation Program shall receive more than $2,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agricultural resources of the community):</proviso> <proviso><i>Provided further</i>, That such amounts shall lie available for the purchase of seeds, fertilizers, lime, trees, or any other conservation material, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out approved 1970 farming practices to be selected by the county committees under programs provided for herein:</proviso> <proviso><i>Provided further</i>, That no part of the funds in this Act may be used to obtain or require submission of information from participants in this program not required in carrying out the 1970 program:</proviso> <proviso><i>Provided further</i>, That not to exceed 5 per centum of the allocation for the current year’s program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the Agricultural Conservation Program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions:</proviso> <proviso><i>Provided further</i>, That for the current year’s program $2,500,000 shall lie available for technical assistance in formulating and carrying out rural environmental practices:</proviso> <proviso><i>Provided further</i>, That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be<page identifier="/us/stat/90/865">90 STAT. 865</page> used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled “An Act to prevent pernicious political activities”, approved August 2, 1939, as amended, or who has been found in accordance with<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/53/1147">53 Stat. 1147</ref>.</p></sidenote> the provisions of title 18 U.S.C. 1913, to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels.</proviso></content> </appropriations> <appropriations level="small"><heading>forestry incentives program</heading> <content>For necessary expenses not, otherwise provided for, to carry out the program of forestry incentives, as authorized in sections 1009 and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1509–1510) including technical assistance and related expenses, $15,000,000.</content> </appropriations> <appropriations level="small"><heading>water rank program</heading> <content>For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301–1311), $10,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>emergency conservation measures</heading> <content>For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriations Act, 1957,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/71/176">71 Stat. 176</ref>.</p></sidenote> $10,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures.</content> </appropriations> </appropriations> <num value="III">TITLE III—</num> <heading class="inline">DOMESTIC FOOD PROGRAMS</heading> <appropriations level="intermediate"><heading>Food and Nutrition Service</heading> <appropriations level="small"><heading>child nutrition programs</heading> <content>For necessary expenses to carry out the provisions of the National School Lunch Act, as amended (42 U.S.C. 1751–1761); Public Law 91–248 and the applicable provisions other than section 3 of the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/84/207">84 Stat. 207</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1772">42 USC 1772</ref>.</p></sidenote> Child Nutrition Act of 1966, as amended (42 U.S.C. 1773–1785); $2,751,032,900 of which $959,000,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): <proviso><i>Provided</i>, That of the foregoing total amount there shall be available $28,000,000 for the nonfood assistance program, and $13,675,000 for the State, administrative expenses:</proviso> <proviso><i>Provided further</i>, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch Act, as amended:</proviso> <proviso><i>Provided further</i>, That an additional $80,000,000<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1752">42 USC 1752</ref>.</p></sidenote> shall be, transferred to (his appropriation from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the National School Lunch Act, as amended:</proviso> <proviso><i>Presided further</i>,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1755">42 USC 1755</ref>.</p></sidenote> That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act<page identifier="/us/stat/90/866">90 STAT. 866</page> of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="small"><heading>special milk program</heading> <content>For necessary expenses to carry out the provisions of the special milk program, as authorized by section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1772), $155,000,000.</content> </appropriations> <appropriations level="small"><heading>special supplemental food program (wic)</heading> <content>For necessary expenses to carry out the provisions of the special supplemental food program as authorized by section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1786), $250,000,000: <proviso><i>Provided</i>, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1752">42 USC 1752</ref>.</p></sidenote> Act, as amended:</proviso> <proviso><i>Provided, further</i>, That, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall he available for employment under 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="small"><heading>food stamp program</heading> <content>For necessary expenses of the food stamp program pursuant to the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2011">7 USC 2011 note</ref>.</p></sidenote> Food Stamp Act of 1964, as amended, $4,794,400,000: <proviso><i>Provided</i>, That funds provided herein shall remain available until expended in<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2025">7 USC 2025</ref>.</p></sidenote> accordance with section 16 of the Food Stamp Act of 1964, as amended:</proviso> <proviso><i>Provided further</i>, That this appropriation shall he available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225). and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That no part of the funds appropriated by this Act shall be used during the fiscal year ending September 30, 1977, to make food stamps available to any household, to the extent that the entitlement otherwise available tn such household is attributable to an individual who: (i) has reached his eighteenth birthday; (ii) is enrolled in an institution of higher education; and (iii) is properly claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible household:</proviso> <proviso><i>Provided further</i>, That funds provided herein shall he expended in accordance with section 15(b) of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2024">7 USC 2024</ref>.</p></sidenote> the Food Stamp Act of 1964, as amended.</proviso></content> </appropriations> <appropriations level="small"><heading>food donations program</heading> <content>For necessary expenses to carry out the provisions of faction 4(a) of the Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c (note)). $23,166,000, of which $17,000,000 shall be available for the Commodity Supplemental Food Program without regard to whether an area is under the Food Stamp Program.</content> </appropriations> <appropriations level="small"><heading>elderly feeding program</heading> <content>For necessary expenses to carry out the provisions of Section 707(a) of the Older Americans Act of 1965, as amended, (42 U.S.C. 3045f), $22,000,000.</content> </appropriations> </appropriations> 90 STAT. 867 <num value="IV">TITLE IV—</num> <heading class="inline">INTERNATIONAL PROGRAMS</heading> <appropriations level="small"><heading>foreign agricultural service</heading> <content>For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761–1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $45,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $39,099,000: <proviso><i>Provided</i>, That not less than $255,000 of the funds contained in this appropriation shall he available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis.</proviso></content> </appropriations> <appropriations level="small"><heading>public law 480</heading> <content>For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest, thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1701–1710, 1721–1725, 1731–1736d), as follows: (1) sale of agricultural commodities for foreign currencies and for dollars on credit terms pursuant to title I of said Act,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1701">7 USC 1701</ref>.</p></sidenote> $680,465,000 and (2) commodities supplied in connection with dispositions abroad, pursuant to title II of said Act, $488,790,000. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1721">7 USC 1721</ref>.</p></sidenote></content> </appropriations> <num value="V">TITLE V—</num> <heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Food and Drug Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, not otherwise provided for, of the Food and Drug Administration; for payment, of salaries and expenses for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18; for<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000; $241,977,000.</content> </appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content>For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise, provided, $3,125,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Commodity Futures Trading Commission</heading> <content>For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.) and Public Law 93–463, approved October 23, 1974; including the purchase and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s4a">7 USC 4a note</ref>.</p></sidenote> hire of passenger motor vehicles; the rental of space in the District of Columbia and elsewhere; and not to exceed $125,000 for employ-<page identifier="/us/stat/90/868">90 STAT. 868</page>ment under 5 U.S.C. 3109, $12,615,000: <proviso><i>Provided</i>, That not to exceed $1,000 shall be available for official reception and representation expenses.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Farm Credit Administration</heading> <appropriations level="small"><heading>limitation on administrative expenses</heading> <content>Not to exceed $8,429,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses, including the hire of one passenger motor vehicle.</content> </appropriations> </appropriations> <num value="VI">TITLE VI—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Passenger motor vehicles.</p></sidenote> <content class="inline">Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the fiscal year 1977 under this Act shall he available for the purchase in addition to those specifically provided for, of not to exceed eight hundred and fifty-four (854) passenger motor vehicles, of which six hundred and twenty-one (621) shall be for replacement only, and for the hire of such vehicles.</content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <content class="inline">Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1623a">7 USC 1623a</ref>.</p></sidenote> <content class="inline">Not less than $1,500,000 of the appropriations of the Department of Agriculture for research and service work authorized by the Acts of August 14, 1946. July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621–1629; 42 U.S.C/1891–1893), shall be available for contracting in accordance with said Acts.</content> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Marihuana.</p></sidenote> <content class="inline">No part, of the funds contained in this Act, may be used to make production or other payments to a person, persons, or corporations who harvest or knowingly permit to be harvested for illegal use, marihuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Advancement of funds.</p></sidenote> <content class="inline">Advances of money from any appropriation for the Department of Agriculture may be made by authority of the Secretary of Agriculture to chiefs of field parties.</content> </section> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <content class="inline">None of the funds provided by this Act shall be used to pay the salaries of any person or persons who carry out the provisions<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2119">7 USC 2119</ref>.</p></sidenote> of section 610 of the Agricultural Act of 1970, which provides for the transfer of funds to Cotton Incorporated.</content> </section> <section class="firstIndent1 fontsize10"> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num> <content class="inline">Obligations chargeable against the Working Capital Fund during the period October 1, 1976, through September 30, 1977, shall not exceed $50,000,000: <proviso><i>Provided</i>, That no funds appropriated to an agency of the Department shall be transferred to the Working Capital Fund except upon the approval of the agency administrator.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num> <content class="inline">New obligational authority provided for the following appropriation items in this Act shall remain available until expended: Scientific Activities Overseas (Special Foreign Currency Program);<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/68/454">68 Stat. 454</ref>.</p></sidenote> Public Law 480; Rural Housing for Domestic Farm Labor; Mutual and Self-Help Housing; Watershed and Flood Prevention Operations; Resource Conservation and Development; Forestry Incentives Program; Emergency Conservation Measures; Buildings and Facilities, Food and Drug Administration: and the appropriation to liquidate contract, authorizations for the Agricultural Conservation Program.</content> </section> <page identifier="/us/stat/90/869">90 STAT. 869</page> <section class="firstIndent1 fontsize10"> <num value="609"><inline class="smallCaps">Sec</inline>. 609. </num> <content class="inline">None of the funds provided in this Act may be used to reduce programs by establishing an end-of-year employment ceiling on permanent positions below the level set herein for the following agencies: Farmers Home Administration, 7,400; Agricultural Stabilization and Conservation Service, 2,473; and Soil Conservation Service, 13,955.</content> </section> <section class="firstIndent1 fontsize10"> <num value="610"><inline class="smallCaps">Sec</inline>. 610. </num> <content class="inline">None of the funds contained in this Act shall be used by any State Committee to prevent any County Committee from authorizing the use of any funds for any nationally authorized program of the Agricultural Conservation Program.</content> </section> <section class="firstIndent1 fontsize10"> <num value="611"><inline class="smallCaps">Sec</inline>. 611. </num> <content class="inline">No part of any appropriation contained in this Act shall remain available for obligations beyond the current fiscal year unless expressly so provided herein.</content> </section> Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1224 (Comm. on Appropriations) and No. 94–1303 (Comm. of Conference). SENATE REPORT No. 94–968 (Comm. on Appropriations). CONGRESSIONAL RECORD. Vol. 122 (1976):

June 15, 16, considered and passed House.

June 23, considered and passed Senate, amended.

June 29, House agreed to conference report; receded and concurred in Senate amendments; Senate agreed to conference report.

 Public Law 94–352: To designate the Eagles Nest Wilderness, Arapaho and White River National Forests, in the State of Colorado. Public Law 352 Public Law 94–352 90 Stat. 870 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 870 Public Law 94–352 94th Congress
An Act To designate the Eagles Nest Wilderness, Arapaho and White River National Forests, in the State of Colorado.

July 12, 1976

[S. 268]

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

Eagles Nest Wilderness, Colo. Designation.

16 USC 1132 note.
That, in accordance with subsection 3(b) of the Wilde mess Act (78 Stat. 891: 16 U.S. C. 1132(b)), the area classified as the Gore Range-Eagles Nest Primitive Area, with the proposed additions thereto and deletions therefrom, as generally depicted on a map entitled “Eagles Nest Wilderness—Proposed”, dated June 1976, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture, is hereby designated as the “Eagles Nest Wilderness” within and as part of the Arapaho and White River National Forests comprising an area of approximately one hundred, thirty-three thousand nine hundred ten acres.
Sec. 2.

Map and description, filing with congressional committees.

16 USC 1132 note.

 As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and a legal description of the Eagles Nest Wilderness with the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives, and such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such map and description may be made.
Sec. 3.

Administration.

16 USC 1132 note.

16 USC 1131 note.

 The Eagles Nest Wilderness shall be administered by the Secretary of Agriculture in accordance, with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective

16 USC 1132 note.

 date of this Act.
Sec. 4. The previous classification of the Gore Range-Eagles Nest Primitive Area is hereby abolished.
Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–939 accompanying H.R. 3863 (Comm. on Interior and Insular Affairs) and No. 94–1308 (Comm. of Conference). SENATE REPORT No. 94–172 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 5, considered and passed Senate.

Vol. 122 (1976): Apr. 6, considered and passed House, amended, in lieu of H.R. 3863.

June 29, House agreed to conference report.

June 30, Senate agreed to conference report.

 Public Law 94–353: To amend the Airport and Airway Development Act of 1970. Public Law 353 Public Law 94–353 90 Stat. 871 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 871 Public Law 94–353 94th Congress
An Act To amend the Airport and Airway Development Act of 1970.

July 12, 1976

[H.R. 9771]

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

Airport and Airway Development Act Amendments of 1976.

49 USC 1701 note.

be cited as the “Airport and Airway Development Act Amendments of 1976”.
<num value="I">TITLE I—</num><heading class="inline">AIRPORT AND AIRWAY DEVELOPMENT ACT AMENDMENTS</heading> <section> <heading class="smallCaps centered">declaration of policy</heading> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <content>Section 2 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1701) is amended by striking out “<quotedText>June 30, 1980,</quotedText>” the first place it appears and inserting in lieu thereof “<quotedText>September 30, 1980,</quotedText>” and by striking out everything after “<quotedText>$250,000,000.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Section 11 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1711) is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>Paragraph (2) is amended by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>striking out “<quotedText>and (B)</quotedText>” and inserting in lieu thereof “<quotedText>and including snow removal equipment, and including the purchase of noise suppressing equipment, the construction of physical barriers, and landscaping for the purpose of diminishing the effect of aircraft noise on any area adjacent to a public airport, (B)</quotedText>”: and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>striking out the period at the end thereof and inserting in lieu thereof “<quotedText>, and (C) any acquisition of land or of any interest therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of a public airport,</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Paragraph (4) is amended by adding after “<quotedText>feasibility studies,</quotedText>” the following; “<quotedText>including the potential use and development of land surrounding an actual or potential airport site,</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Before paragraph (1), add the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>‘Air carrier airport’ means an existing public airport regularly served, or a new public airport which the Secretary determines will be regularly served, by an air carrier certificated by the Civil Aeronautics Board under section 401 of the federal Aviation Act of 1958 (other than a supplemental air carrier), and a commuter service <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1371">49 USC 1371</ref>.</p></sidenote>airport.”.</content> </paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>After paragraph (5), add the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>‘Commuter service airport’ means an air carrier airport which is not served by an air carrier certificated under section 401 of the Federal Aviation Act of 1958 and which is regularly served by one or more air carriers operating under exemption granted by the Civil Aeronautics Board from section 401(a) of the Federal Aviation Act of 1958 at which not less than two thousand five hundred passengers <page identifier="/us/stat/90/872">90 STAT. 872</page>were enplaned in the aggregate by all such air carriers from such airport during the preceding calendar year,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>‘General aviation airport’ means a public airport which is not an air carrier airport.”.</content> </paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>After paragraph (12), add the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="13">“(13) </num><content>‘Reliever airport’ means a general aviation airport designated by the Secretary as having the primary function of relieving congestion at an air carrier airport by diverting from such airport general aviation traffic,”.</content></paragraph> </quotedContent></content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1711">49 USC 1711</ref>.</p></sidenote><content class="inline">Section 11 of the Airport and Airway Development Act of 1970 is amended by renumbering the paragraphs of such section as paragraphs (1) through (21), respectively, and renumbering all references to such paragraphs accordingly.</content></subsection> </section> <section> <heading class="smallCaps centered">revised national airport system plan</heading> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num> <content>Section 12 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1712) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="i">“(i) </num><heading><inline class="smallCaps">Revised System Plan</inline>.—</heading><content>No later than January 1, 1978, the Secretary shall consult with the Civil Aeronautics Board and with each State and airport sponsor, and, in accordance with this section, prepare and publish a revised national airport system plan for the development of public airports in the United States. Estimated costs contained in such revised plan shall be sufficiently accurate so as to be capable of being used for future year apportionments. In addition to the information required by subsection (a), the revised plan shall include an identification of the levels of public service and the uses made of each public airport in the plan, and the projected airport development which the Secretary deems necessary to fulfill the levels of service and use of such airports during the succeeding ten-year period.”.</content></subsection> </quotedContent></content> </section> <section> <heading class="smallCaps centered">planning grants</heading> <num value="5"><inline class="smallCaps">Sec</inline>. 5. </num> <chapeau>Section 13(b) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1713) is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The side heading is amended by striking out “<quotedText>Apportionment</quotedText>” and inserting in lieu thereof “<quotedText>Limitation</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Paragraph (1) is amended by striking out “<quotedText>$75,000,000 and</quotedText>” and inserting in lieu thereof “<quotedText>$150,000,000,</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Paragraph (2) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The United States share of any airport master planning grant under this section shall be that per centum for which a project for airport development at that airport, would be eligible under section 17 <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 877.</p></sidenote>of this Act. In the case of any airport system planning grant under this section, the United States share shall be 75 per centum.”.</content> </paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Paragraph (3) is amended by striking out “<quotedText>7.5</quotedText>” and inserting in lieu thereof “<quotedText>10</quotedText>”.</content></paragraph> </section> <section> <heading class="smallCaps centered">airport and airway development program</heading> <num value="6"><inline class="smallCaps">Sec</inline>. 6. </num><subsection class="inline"><num value="a">(a) </num><content>Section 14(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714) is amended by adding at the end thereof the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><content>For the purpose of developing air carrier airports in the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin <page identifier="/us/stat/90/873">90 STAT. 873</page>Islands, $435,000,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, $440,000,000 for fiscal year 1977, $465,000,000 for fiscal year 1978, $495,000,000 for fiscal year 1979, and $525,000,000 for fiscal year 1980.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"><num value="4">“(4) </num><content>For the purpose of developing general aviation airports in the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands, $65,000,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, $70,000,000 for fiscal year 1977, $75,000,000 for fiscal year 1978, $80,000,000 for fiscal year 1979, and $85,000,000 for fiscal year 1980.”.</content></paragraph> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>Section 14(b) of such Act is amended—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1714">49 USC 1714</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>by inserting “<quotedText>(1)</quotedText>” immediately before the first sentence; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>in the second, third, and fourth sentences, by striking out “<quotedText>subsection</quotedText>” and inserting in lieu thereof “<quotedText>paragraph</quotedText>”.</content></subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">(2) </num> <content>Section 14(b) of such Act is further amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num> <content>The Secretary is authorized to incur obligations to make grants <sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p></sidenote>for airport development from funds made available under paragraphs (3) and (4) of subsection (a) of this section, and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) immediately after such funds are apportioned pursuant to section 15(a) of this title. No <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post</i>, p. 874.</p></sidenote>obligation shall be incurred under this paragraph after September 30, 1980. The Secretary shall not incur more than one obligation under this paragraph with respect, to any single project for airport development. Notwithstanding any other provision of this title, no part of any of the funds authorized, or authorized to be obligated, for fiscal year 1980 at the discretion of the Secretary under paragraphs (3) (B) and (4) (C) of section 15(a), and no part of the discretionary funds for reliever airports under such paragraph (4), shall be obligated or otherwise expended except in accordance with a statute enacted after the date of enactment of this sentence.”.</content></paragraph> </quotedContent></content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Section 14(c) of such Act is amended by striking out the period at the end thereof and by inserting in lieu thereof a comma and the following: “<quotedText>not less than $312,500,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and not less than $250,000,000 per fiscal year for the fiscal years 1977 through 1980.</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Section 14(e) of such Act is redesignated as section 14(f) and the following is inserted in section 14 as a new subsection (e): <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Other Expenses</inline>.—</heading><content>The balance of the moneys available in the Airport and Airway Trust Fund may be appropriated for (1) costs of services provided under international agreements relating to the joint financing of air navigation services which are assessed against the United States Government, and (2) direct costs incurred by the Secretary to flight check and maintain air navigation facilities referred to in subsection (c) of this section in a safe and efficient condition. Eligible maintenance expenses are limited to costs incurred in the field and exclude the costs of engineering support and planning, direction, and evaluation activities. The amounts appropriated from the Airport and Airway Trust Fund for the purposes of clauses (1) and (2) may not exceed $250,000,000 for fiscal year 1977, $275,000,000 for fiscal year 1978, $300,000,000 for fiscal year 1979, and $325,000,000 for fiscal year 1980. The amounts appropriated in any fiscal year under this subsection may not exceed, when added to the minimum amounts authorized for that year under subsections (a), <page identifier="/us/stat/90/874">90 STAT. 874</page>(c), and (d) of this section, the amounts transferred to the Airport and Airway Trust Fund for that year under subsection 208(b) of the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1742">49 USC 1742</ref>.</p></sidenote>Airport and Airway Revenue Act of 1970. No part of the amount appropriated from the Airport arid Airway Trust Fund in any fiscal year for obligation or expenditure under clause (2) of this subsection shall be obligated or expended which exceeds that amount which bears the same ratio to the maximum amount, which may be appropriated under clauses (1) and (2) of this subsection for such fiscal year as the total amount obligated in that fiscal year under paragraphs (3) and (4) of subsection (a) of this section bears to the aggregate of the minimum amount made available for obligation under each such paragraph for such fiscal year.”.</content> </subsection> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Paragraph (1) of subsection (f) (as redesignated by this section) of section 14 of the Airport and Airway Development Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1714">49 USC 1714</ref>.</p></sidenote>1970 is amended by striking out “<quotedText>subsections (c) and (d) of this section, as amended</quotedText>” and by inserting in lieu thereof “<quotedText>this section</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <content>Paragraph (2) of subsection (f) (as redesignated by this section) of section 14 of the Airport and Airway Development Act of 1970 is amended by striking out “<quotedText>subsections (a) and (c)</quotedText>” and inserting in lieu thereof “<quotedText>subsections (a), (c), (d) and the third sentence of subsection (e)</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="g">(g) </num> <content>Paragraph (3) of subsection (f) (as redesignated by this section) of section 14 of the Airport and Airway Development Act of 1970 is amended by striking out “<quotedText>subsection (d).</quotedText>” and inserting “<quotedText>subsection (e).</quotedText>”.</content></subsection> </section> <section> <heading class="smallCaps centered">distribution of funds</heading> <num value="7"><inline class="smallCaps">Sec</inline>. 7. </num><subsection class="inline"><num value="a">(a) </num><content>Section 15(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1715) is amended by renumbering paragraphs (3) and (4) as (5) and (6), respectively, and by inserting immediately following paragraph (2) the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="3">“(3) </num><chapeau>As soon as possible after the date of enactment of this paragraph for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and on the first day of each fiscal year which begins on or after October 1, 1976, for which any amount is authorized to be, obligated for the purposes of paragraph (3) of section 14(a) of <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 872.</p></sidenote>this part, the amount made available for that year shall be apportioned by the Secretary as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">“(A) </num><chapeau>To each sponsor of an air carrier airport (other than a commuter service, airport) as follows:</chapeau> <clause class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>$6.00 for each of the first fifty thousand passengers enplaned at that airport.</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><content>$4.00 for each of the next fifty thousand passengers enplaned at that airport.</content></clause> <clause class="firstIndent1 fontsize10"><num value="iii">“(iii) </num><content>$2.00 for each of the next four hundred thousand passengers enplaned at that airport.</content></clause> <clause class="firstIndent1 fontsize10"><num value="iv">“(iv) </num><content>$0.50 for each passenger enplaned at that airport over five hundred thousand.</content></clause> <chapeau class="indent0 firstIndent0 fontsize10">No air carrier airport (other than a commuter service airport)—</chapeau> <subclause class="firstIndent1 fontsize10"><num value="I">“(I) </num><content>served by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff weight, or previously served, on or after September 30, 1968, by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff weight and presently served by air carrier aircraft 12,500 pounds or less maximum certificated gross takeoff weight, shall receive under this subparagraph less than $187,500 or more than $12,500,000 for fiscal year 1976, includ-<page identifier="/us/stat/90/875">90 STAT. 875</page>ing the period July 1, 1976 through September 30, 1976, and less than $150,000 or more than $10,000,000 per fiscal year for fiscal years 1977 through 1980; and</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="II">“(II) </num> <content> <p class="inline">served by air carrier aircraft 12,500 pounds or less maximum certificated gross takeoff weight which, since September 29, 1968, has never been regularly served by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff’ weight shall receive under this subparagraph less than $62,500 or more than $12,500,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and less than $50,000 or more than $10,000,000 per fiscal year for fiscal years 1977 through 1980.</p> <p class="firstIndent1 fontsize10">In no event shall the total amount of all apportionments under this subparagraph (A) for any fiscal year exceed two-thirds of the amount authorized to be obligated for the purposes of paragraph (3) of section 14(a) of this part for such fiscal year. In any case in which an apportionment would be reduced by the preceding sentence, the Secretary shall for such fiscal year reduce the apportionment to each sponsor of an air carrier airport proportionately so that such two-thirds amount is achieved.</p> </content></subclause></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">“(B) </num><chapeau>Any amount not apportioned under subparagraph (A) of this paragraph shall be distributed at the discretion of the Secretary as follows:</chapeau> <clause class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>$18,750,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and $15,000,000 per fiscal year for the fiscal years 1977 through 1980, to commuter service airports.</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><content>The remainder of such amount to air carrier airports.</content></clause></subparagraph></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><chapeau>As soon as possible after the date of enactment of this paragraph for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and on the first day of each fiscal year which begins on or after October 1, 1976, for which any amount is authorized to be obligated for the purposes of paragraph (4) of section 14(a) of this part, the amount made available minus $18,750,000 in the case of <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 872.</p></sidenote>fiscal year 1976, including such period, and minus $15,000,000 in the case of each of the fiscal years 1977 through 1980, shall be apportioned by the Secretary as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">“(A) </num><content>75 per centum for the several States, one-half in the proportion which the population of each State bears to the total population of all the States, and one-half in the proportion which the area of each State bears to the total area of all the States.</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">“(B) </num><content>1 per centum for the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands to be distributed at the discretion of the Secretary.</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="C">“(C) </num><content>24 per centum to be distributed at the discretion of the Secretary to general aviation airports.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">$18,750,000 of the amount made available for fiscal year 1976, including such period, and $15,000,000 of the amount made available for each of the other fiscal years shall be distributed at the discretion of the Secretary to reliever airports.”.</continuation></paragraph> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Paragraph (5) of such section 15(a) (as renumbered by this <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1715">49 USC 1715</ref>.</p></sidenote>section) is amended by inserting after “<quotedText>(2) (A)</quotedText>” the following “<quotedText>or (4) (A)</quotedText>”, by inserting after “<quotedText>(1)(B)</quotedText>” the following “<quotedText>or (3) (A)</quotedText>”, and by adding at the end thereof the following new sentence: “<quotedText>For <page identifier="/us/stat/90/876">90 STAT. 876</page>purposes of this paragraph funds apportioned pursuant to this section for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, shall be available for obligation for the same, period of time as if such funds were apportioned for fiscal year 1976 exclusive of such period.</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Section 15(b) (2) of the Airport and Airway Development Act <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1715">49 USC 1715</ref>.</p></sidenote>of 1970 is amended by striking out “<quotedText>(3)</quotedText>” and inserting in lieu thereof “<quotedText>(5)</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>The first sentence of subsection (c) of section 15 of the Airport and Airway Development Act of 1970 is amended to read as follows: “<quotedText>The Secretary shall inform each air carrier airport sponsor and the Governor of each State, or the chief executive officer of the equivalent jurisdiction, as the case may be, on April 1 of each year of the estimated amount of the apportionment to be made on October 1 of that year.</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Enplanements.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1715">49 USC 1715 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 874.</p></sidenote><content class="inline">In making the apportionment for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, under section 15(a)(3)(A) of the Airport and Airway Development Act of 1970, the Secretary of Transportation shall increase the number of enplanements at each airport by 25 percent.</content></subsection> </section> <section> <heading class="smallCaps centered">project approval</heading> <num value="8"><inline class="smallCaps">Sec</inline>. 8. </num><subsection class="inline"><num value="a">(a) </num><content>The first sentence of subsection (a) of section 16 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1716) is amended by inserting after “<quotedText>project application</quotedText>” the following “<quotedText>for one or more projects</quotedText>”. The second sentence of subsection (a) of section 16 of the Airport and Airway Development Act of 1970 is amended by striking out “<quotedText>No</quotedText>” and inserting in lieu thereof “<quotedText>Until July 1, 1975, no</quotedText>”. Such section 16(a) is further amended by adding at the end thereof the following new sentences: “<quotedText>After June 30, 1975, no project application shall propose airport development except in connection with the following airports included in the current revision of the national airport system plan formulated by the Secretary under section <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 872.</p></sidenote>12 of this Act: (1) air carrier airports, (2) commuter service airports, (3) reliever airports, and (4) general aviation airports (A) which arc regularly served by aircraft transporting United States mail, or (B) which are regularly used by aircraft of a unit of the Air National Guard or of a Reserve component of the Armed Forces of the United States, or (C) which the Secretary determines have a significant national interest. Except as provided in subsection (g), all proposed development shall be in accordance with standards established by the Secretary, including standards for site location, airport layout, grading, drainage, seeding, paving, lighting, and safety of approaches.</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Section 16 of the Airport, and Airway Development Act of 1970 is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">State Standards</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p></sidenote><content class="inline">The Secretary is authorized to make grants to any State, upon application therefor, for not to exceed 75 per centum of the cost of developing standards for airport development at general aviation airports in such State, other than standards for safety of approaches. The aggregate of all grants made to any State under this paragraph shall not exceed $25,000.</content> </paragraph> <page identifier="/us/stat/90/877">90 STAT. 877</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary is authorized to approve standards established by a State for airport development, at general aviation airports in such State, other than standards for safety of approaches, and upon such approval such State standards shall be the standards applicable to such genera] aviation airports in lieu of any comparable standard established under subsection (a) of this section. State standards approved under this subsection may be revised, from time to time, as the State or the Secretary determines necessary, subject to approval of such revisions by the Secretary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>There is authorized to be appropriated out of the Airport and <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote>Airway Trust Fund not to exceed $1,275,000 to carry out this subsection.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="h">“(h) </num> <content>The Secretary is authorized in connection with any project to accept a certification from a sponsor or a planning agency that such sponsor or agency will comply with all of the statutory and administrative requirements imposed on such sponsor or agency under this Act in connection with such project. Acceptance by the Secretary of a certification from a sponsor or agency may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do so. Nothing in this subsection shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1652), title VI of the Civil Rights Act of 1964 (42 U.S.C. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1653">49 USC 1653</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s20003">42 USC 20003</ref></p></sidenote>2000b), title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).”.</content> </subsection> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Section 12(a) of the Airport and Airway Development Act of 1970 is amended by adding at the end thereof the following new <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1712">49 USC 1712</ref>.</p></sidenote>sentence: “<quotedText>After June 30, 1975, the Secretary shall not include in the national airport system plan any airport which is not eligible for airport development grants under the next to the last sentence of section 16(a) of this title, except that nothing in this sentence shall <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 876.</p></sidenote>require the Secretary to remove from the national airport system plan any airport in such plan on June 30, 1975.</quotedText>”.</content></subsection> </section> <section> <heading class="smallCaps centered">united states share</heading> <num value="9"><inline class="smallCaps">Sec</inline>. 9. </num><subsection class="inline"><num value="a">(a) </num><content>Section 17(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1717) is amended by striking out everything after “<quotedText>section 16</quotedText>” and inserting in lieu thereof the following: “of this part— <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>may not exceed 50 per centum of the allowable project costs in the case of grants made from funds for fiscal years 1971, 1972, and 1973, and may not exceed 50 per centum for sponsors whose airports enplane not less than 1 per centum of the total annual passengers enplaned by air carriers certificated by the Civil Aeronautics Board, and may not exceed 75 per centum for sponsors whose airports enplane less than 1 per centum of the total annual passengers enplaned by air carriers certificated by the Civil Aeronautics Board and for sponsors of general aviation or reliever airports, in the case of grants made from funds for fiscal years 1974 and 1975; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">(2) </num><subparagraph class="inline"><num value="A">(A) </num><content>shall be 90 per centum of the allowable project costs in the case of grants from funds for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and for fiscal years 1977 and 1978, and shall be 80 per centum of the allowable <page identifier="/us/stat/90/878">90 STAT. 878</page>project costs in the case of grants from funds for fiscal years 1979 and 1980, (i) for each air carrier airport (other than a commuter service airport) which enplanes less than one-quarter of 1 per centum of the total annual passengers enplaned as determined for purposes of making the latest annual apportionment under section <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 874.</p></sidenote>15(a) (3) of this Act, (ii) for each commuter service airport, and (iii) for each general aviation airport; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">“(B) </num> <content>shall be 75 per centum of the allowable project costs in the case of all other airports,”.</content></subparagraph></paragraph> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Section 17(b) of such Act (49 U.S.C. 1717) is amended by adding at the end thereof the following new sentence: “<quotedText>In no event shall such United States share, as increased by this subsection, exceed the greater of (1) the percentage share determined under subsection (a) of this section, or (2) the percentage share applying on June 30, 1975, as determined under this subsection.</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Section 17(c) is amended by striking out “<quotedText>The</quotedText>” and inserting in lieu thereof “<quotedText>For fiscal years 1971 through 1975, the </quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Section 17(d) of such Act is amended by striking out everything after “<quotedText>share</quotedText>” and inserting in lieu thereof “<quotedText>shall be the same percentage as is otherwise applicable to such project.</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Repeal.</p></sidenote><content class="inline">Section 17(e) of such Act is hereby repealed.</content></subsection> </section> <section> <heading class="smallCaps centered">project sponsorship</heading> <num value="10"><inline class="smallCaps">Sec</inline>. 10. </num><subsection class="inline"><num value="a">(a) </num><content>Section 18 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1718) is amended by inserting “<quotedText>(a) <inline class="smallCaps">Sponsorship</inline>.—</quotedText>” immediately before “<quotedText>As a condition precedent</quotedText>”, by striking out “<quotedText>section.</quotedText>” at the end of such section and inserting in lieu thereof “<quotedText>subsection.</quotedText>”, and by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Consultation</inline>.—</heading><content>In making a decision to undertake any project under this title, any sponsor of an air carrier airport shall consult with air carriers using the airport at which such airport development project is proposed and any sponsor of a general aviation airport shall consult with fixed-base operators using the airport at which such airport development project is proposed.”.</content> </subsection> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Paragraph (8) of subsection (a) of section 18 of the Airport and Airway Development Act of 1970 (as redesignated by subsection (a) of this section) is amended by striking out the semicolon and inserting in lieu thereof the following: “<quotedText>, except, that no part of the Federal share of an airport development project for which a grant is made under this title, or under the Federal Airport Act (49 U.S.C. 1101 et seq.) shall be included in the rate base in establishing fees, rates, and charges for users of that airport;</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Paragraph (1) of section 18(a) of the Airport and Airway Development Act of 1970 (as redesignated by subsection (a) of this section) is amended by striking out the semicolon and inserting in lieu thereof the following: “<quotedText>, including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1371/1372">49 USC 1371, 1372</ref>.</p></sidenote>to section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status <page identifier="/us/stat/90/879">90 STAT. 879</page>us tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed-based operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operator’s making the same or similar uses of such airport utilizing the same or similar facilities;</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>The amendment made to section 18(a) (1) (A) of the Airport <sidenote><p class="indent0 firstIndent0 fontsize8">Leases, reformation.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1718">49 USC 1718 note</ref>.</p></sidenote>and Airway Development Act of 1970 (as amended by subsection (c) of this section) shall not require the reformation of any lease or other contract entered into by an airport before the date of enactment of this Act. The amendment made to section 18(a) (1) (B) of the Airport, and Airway Development Act of 1970 (as amended by subsection (c) of this section) shall not require the reformation of any lease or other contract entered into by an airport before July 1, 1975.</content> </subsection> </section> <section> <heading class="smallCaps centered">multiyear projects</heading> <num value="11"><inline class="smallCaps">Sec</inline>. 11. </num> <content>Section 19 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1719) is amended by inserting immediately after the third sentence the following new sentence: “<quotedText>In any case where the Secretary approves an application for a project which will not be completed in one fiscal year, the offer shall, upon request of the sponsor, provide for the obligation of funds apportioned or to be apportioned to the sponsor pursuant to section 15(a)(3)(A) of this title for such fiscal years (including future fiscal years) as may be <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 874.</p></sidenote>necessary to pay the United States share of the cost of such project.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">terminal development project costs</heading> <num value="12"><inline class="smallCaps">Sec</inline>. 12. </num><subsection class="inline"><num value="a">(a) </num><content>Section 20 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1720) is amended by redesignating subsection (b) as subsection (c) and inserting immediately after subsection (a) the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Terminal Development</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Notwithstanding any other provision of this title, upon certification by the sponsor of any air carrier airport that such airport has, on the, date, of submittal of the project application, all the safety and security equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958, and has provided for <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1432">49 USC 1432</ref>.</p></sidenote>access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft, the Secretary may approve, as allowable project costs of a project for airport, development at such airport, terminal development (including multimodal terminal development) in nonrevenue producing public-use areas which are directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport, including, but not limited to, vehicles for the movement of passengers between terminal facilities or between terminal facilities and aircraft.</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num><content>Only sums apportioned under section 15(a)(3)(A) to the sponsor of an air carrier airport shall be obligated for project costs allowable under paragraph (1) of this subsection in connection with airport development at such airport, and no more than 60 per centum of such sums apportioned for any fiscal year shall be obligated for such costs.</content></paragraph> <page identifier="/us/stat/90/880">90 STAT. 880</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 874.</p></sidenote><chapeau class="inline">Sums apportioned under section 15(a) (3) (A) to the sponsor of an air carrier airport at which terminal development was carried out on or after July 1, 1970, and before the date of enactment of this paragraph shall be available, subject to the limitations contained in paragraph [2) of this subsection, for the immediate retirement of the principal of bonds or other evidences of indebtedness the proceeds of which were used for that part of the terminal development at such airport the cost of which is allowable under paragraph (1) of this subsection subject to the following conditions:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>That such sponsor submits the certification required under paragraph (1) of this subsection.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>That the Secretary determines that no project for airport development at such airport outside the terminal area will be deferred if such sums are used for such retirement.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>That no funds available for airport development under this Act shall be obligated for any project for additional terminal development at such airport for a period of three years beginning on the date any such sums are used for such retirement,</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 877.</p></sidenote><content class="inline">Notwithstanding section 17, the United States share of project costs allowable under paragraph (1) of this subsection shall be 50 per centum.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The Secretary shall approve project costs allowable under paragraph (1) of this subsection under such terms and conditions as may be necessary to protect the interests of the United States.”.</content> </paragraph></subsection> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1720">49 USC 1720</ref>.</p></sidenote><content class="inline">Subsection (c) of such section 2d (as relettered by this section) is amended by striking out “<quotedText>The</quotedText>” and inserting in Lieu thereof the following; “<quotedText>Except as provided in subsection (b) of this section, the</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">state demonstration programs</heading> <num value="13"><inline class="smallCaps">Sec</inline>. 13. </num> <content>The Airport and Airway Development Act of 1970 (49 U.S.C. 1701 et seq.) is amended by inserting immediately after section 27 the following new section: <quotedContent> <section> <num value="28">“SEC. 28. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1728">49 USC 1728</ref>.</p></sidenote> <heading>STATE DEMONSTRATION PROGRAMS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><heading><inline class="smallCaps">Demonstration Programs</inline>.—</heading><content>If the Secretary determines, after review of the certification required by subsection (b) of this section, that a State is capable of managing a demonstration program for administering United States giants for general aviation airports in that State, the Secretary may make a grant for such purpose to such State of funds apportioned to it under section 15(a) (4) (A) of this Act and of any part of the discretionary funds available under section 15(a) (4) (C) of this Act. Such a grant shall be conditioned on a requirement that such State grant funds to airport sponsors in the same manner and subject to the same conditions as the Secretary imposes in making grants to such sponsors under this title.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Certification Requirements</inline>.—</heading> <chapeau>If a State wishes to manage a demonstration program for administering United States grants for general aviation airports, the Governor or the chief executive officer of such State shall certify to the Secretary, in the form and manner prescribed by the Secretary, that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the State complies with all eligibility requirements and criteria established by this section and by the Secretary;</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num><content>such State’s participation in the demonstration program has been specifically authorized by an action of such State’s legislature duly taken after the date of enactment of this section, or if such State’s legislature is not in regular session on such date and <page identifier="/us/stat/90/881">90 STAT. 881</page>will not meet again in regular session before January 1, 1977, such participation has been authorized by such State’s Governor or chief executive officer; and</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>such State’s legislature has authorized the appropriation of State funds for the development of general aviation airports in such State during the period for which funds are sought under this section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Restrictions</inline>.—</heading> <chapeau>The Secretary shall not, pursuant to this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>enter into demonstration projects in more than four States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>allow any funds granted to States to be used to pay costs incurred by the States in administering the demonstration programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>initiate any demonstration program after January 1, 1977; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>make a grant to any State after September 30, 1978.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Report</inline>.—</heading><content>The Secretary shall evaluate and report to Congress, not later than March 31, 1978, on the results of any demonstration programs assisted under this section.”.</content></subsection></section> </quotedContent></content></section> <section> <heading class="smallCaps centered">air carrier airport designation and civil rights</heading> <num value="14"><inline class="smallCaps">Sec</inline>. 14. </num> <content>The Airport and Airway Development Act of 1970 (49 U.S.C. 1701 et seq.) is amended by inserting immediately after section 28 (as added by the preceding section of this Act) the following new sections: <quotedContent> <section> <num value="29">“SEC. 29. </num> <heading>AIR CARRIER AIRPORT DESIGNATION.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1729">49 USC 1729</ref>.</p></sidenote> <content>“Notwithstanding any other provision of this title, in the case of any public airport at which (A) an air carrier was or is certificated by the Civil Aeronautics Board under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) to serve a city served through such airport., and (B) either (i) service to such city by every such certificated air carrier has been suspended as authorized by the Civil Aeronautics Board, or (ii) authority to serve such city has been deleted from the certificates of every such air carrier by the Civil Aeronautics Board after the date of enactment of this section, and (C) such airport is served by an intrastate air carrier operating in intrastate air transportation within the meaning of sections 101(22) and 101(23) of the Federal Aviation Act of 1958 (49 U.S.C. 1301), such airport shall be deemed to be an air carrier airport (other than a commuter service airport) for the purposes of this title.</content> </section> <section> <num value="30">“SEC. 30. </num> <heading>CIVIL RIGHTS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1730">49 USC 1730</ref>.</p></sidenote> <content>“The Secretary shall take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title. The Secretary shall <sidenote><p class="indent0 firstIndent0 fontsize8">Rules.</p></sidenote>promulgate such rules as he deems necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under title VI of the Civil Rights Act of 1964. The provisions <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote>of this section shall he considered to be in addition to and not in lieu of the provisions of title VI of the Civil Rights Act of 1964.”.</content></section> </quotedContent></content></section> <page identifier="/us/stat/90/882">90 STAT. 882</page> <section> <heading class="smallCaps centered">limiting charges for government inspection of persons and property</heading> <num value="15"><inline class="smallCaps">Sec</inline>. 15. </num><subsection class="inline"><num value="a">(a) </num><content>Section 53 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1741) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>The cost of any inspection or quarantine service which is required to be performed by the Federal Government or any agency thereof at airports of entry or other places of inspection as a consequence of the operation of” aircraft, and which is performed during regularly established hours of service on Sundays or holidays shall be reimbursed by the owners or operators of such aircraft only to the same extent as if such service bad been performed during regularly established hours of service on weekdays. Notwithstanding any other provision of law, administrative overhead costs associated with any inspection or quarantine service required to be performed by the United States Government, or any agency thereof, at airports of entry as a result of the operation of aircraft, shall not be assessed against the owners or operators thereof.”.</content> </subsection> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Effective date.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1741">49 USC 1741 note</ref>.</p></sidenote><content class="inline">The amendment made by subsection (a) of this section shall take effect January 1, 1977.</content> </subsection> </section> <section> <heading class="smallCaps centered">purchase reports</heading> <num value="16"><inline class="smallCaps">Sec</inline>. 16. </num> <content>Section 303(e) of the Federal Aviation Act of 1958 (49 U.S.C. 1344) is amended by striking out “<quotedText>Interstate and Foreign Commerce</quotedText>” and inserting in lieu thereof “<quotedText>Public Works and Transportation</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">airport security in alaska</heading> <num value="17"><inline class="smallCaps">Sec</inline>. 17. </num><subsection class="inline"><num value="a">(a) </num><content>The Federal Aviation Act of 1958 (49 U.S.C. 1432 et seq.) is amended by adding at the end of title III thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“airport security in alaska</heading> <num value="317"><inline class="smallCaps">“Sec</inline>. 317. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1358">49 USC 1358</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1356/1357">49 USC 1356, 1357</ref>.</p></sidenote><content class="inline">The Administrator is authorized to exempt from the provisions of sections 315 and 316 of this Act those airports in Alaska which receive service only from air carriers operating under certificates granted by the Civil Aeronautics Board under section 401 of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1371">49 USC 1371</ref>.</p></sidenote>this Act, which operate aircraft having a maximum certificated gross takeoff weight of less than 12,500 pounds, and which do not enplane any passenger, or any property intended to be carried in the aircraft cabin, which passenger or property is moving in air transportation and will not be subject to screening in accordance with such section 315 at an airport in Alaska before such passenger or property is enplaned for any point outside Alaska.”.</content></section> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>That portion of the table of contents contained in the first section of such Act which appears under the center heading <quotedContent> <title><num value="III"><inline class="smallCaps">“Title III—</inline></num><heading class="inline"><inline class="smallCaps">Organization of Agency and Powers and Duties of Administrator”</inline></heading>

is amended by adding at the end thereof the following new sideheading:

“Sec. 317. 90 STAT. 883
air transportation of persons or property Sec. 18. (a) Section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) is amended by adding at the end thereof the following new subsection: “(o) (1) Except as provided in paragraph (2) of this subsection, transportation of persons or property by transport category aircraft in interstate air transportation procured by the Department of Defense, including military departments within such Department, through contracts of more than 30 days duration for airlift service within the United States, shall be provided only by carriers which (1) have aircraft in the civil reserve air fleet or offer to place aircraft in such fleet, and (2) hold certificates under this section. Applications for certification under subsection (a) of this section for the purpose of providing the service referred to in this subsection shall be acted on expeditiously by the Board. “(2) In any case in which the Secretary of Defense determines that no air carrier certificated under subsection (a) of this section is capable of providing and willing to provide the type, of service described in paragraph (1) of this subsection, he may contract with an air carrier which does not hold a certificate under this section.”. (b) That portion of the table of contents contained in the first section of such Act which appears under the side heading “Sec. 401.

is amended by adding at the end thereof the following:

“(o) Air transportation of persons or property.”.
issuance of airport operating certificates Sec. 19. (a) Section 612 of the Federal Aviation Act of 1958 (49 U.S.C. 1432) is amended by adding at the end thereof the following new subsection:
“exemption “(c) The Administrator may exempt any operator of an air carrier airport enplaning annually less than one-quarter of 1 percent of the total number of passengers enplaned at all air carrier airports from the requirements imposed by subsection (b) of this section relating to firefighting and rescue equipment if he finds that such requirements are, or would be, unreasonably costly, burdensome, or impractical.”.
(b) That portion of the table of contents contained in the first section of such Act which appeals under the side heading “Sec. 612.

is amended by adding at the end thereof the following:

“(c) Exemption.”.
airport study Sec. 20. The Secretary of Transportation shall conduct a study of

49 USC 1724 note.

Report to Congress.

airports in areas where land requirements, local taxes, or a low revenue return per acre may close such airports. This study, the results of which shall be reported to Congress by January 1, 1978, shall include the identification of those locations which may be converted to non-aviation uses and recommendations concerning methods for preserving those airports which in the Secretary’s judgment should be preserved in the public interest.
90 STAT. 884
civil aviation information distribution program Sec. 21.

49 USC 1346a.

In furtherance of his mandate to promote civil aviation the Secretary of Transportation acting through the Administrator or the Federal Aviation Administration shall take such action as he may deem necessary, within available resources, to establish a civil aviation information distribution program within each region of the Federal Aviation Administration. Such program shall be designed so as to provide State and local school administrators, college and university officials, and officers of civil and other interested organizations, upon request, with informational materials and expertise on various aspects of civil aviation.
prohibition of flight service station closures Sec. 22.

49 USC 1348 note.

For the three year period beginning on the date of enactment of this Act, the Secretary of Transportation shall not close or operate by remote control any existing flight service station operated by the Federal Aviation Administration, except (A) for part-time operation by remote control during low-activity periods, and (B) for the purpose of demonstrating the quality and effectiveness of service at a consolidated flight service station facility, not more than five flight service stations, at the discretion of the Secretary, may be closed or operated by remote control from not more than one air route traffic control center. Nothing in this section shall preclude the physical separation of a combined flight service station and tower facility, the operation by remote control of the flight service station portion of a combined flight service station and tower facility from another flight service station, or the relocation of an existing flight service station at another site, within the same flight service area if such flight service station continues to provide the same, service to airmen without interruption.
demonstration project Sec. 23. (a) (1)

49 USC 1713 note.

The Secretary of Transportation is authorized to undertake demonstration projects related to ground transportation services to airports which he determines will assist the improvement, of the Nation’s airport and airway system, and consistent regional airport system plans funded pursuant to section 13 (b) of the Airport

Ante, p. 872.

and Airway Development Act of 1970, by improving ground access to air carrier airport terminals. He may undertake such projects independently or by grant or contract (including working agreements with other Federal departments and agencies). (2) In determining projects to be undertaken under this subsection, the Secretary of Transportation shall give priority to those projects which (A) affect airports in areas with operating regional rapid transit systems with existing facilities within reasonable proximity to such airports, (B) include connection of the airport terminal facilities to such systems, (C) are consistent with and supportive of a regional airport system plan adopted by the planning agency for the region and submitted to the Secretary, ‘and (D) will improve access for all persons residing or working within the region to air transport through the encouragement of an optimum balance of use of airports in the region. 90 STAT. 885 (b) (1) The Secretary of Transportation is authorized to undertake a demonstration project at South Bend, Indiana, for a multimodal terminal building arid facilities for the intermodal transfer of passengers and baggage between and among the interconnecting air, rail, and highway transportation routes and facilities. He may undertake such project independently or by grant or contract (including working agreements with other Federal departments and agencies). (2) There is authorized to be appropriated to carry out this subsection

Appropriation authorization.

not to exceed $3,000,000.
compensation for required security measures in foreign air transportation Sec. 24. (a) The Secretary of Transportation shall compensate any

49 USC 1356a.

air carrier certificated by the Civil Aeronautics Hoard under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) which requests such compensation for that portion of the amount expended by such air carrier for security screening facilities and procedures as required by section 315(a) of such Act (49 U.S.C. 1356(a)), and any regulation issued pursuant thereto, which is attributable to the screening of passengers moving in foreign air transportation. An air carrier shall have any compensation authorized to be paid it under this section reduced by the amount (if any) by which the revenue of such carrier which is attributable to the cost of security screening facilities and procedures used in intrastate, interstate, and overseas air transportation exceeds the actual cost to such carrier of such facilities. The Secretary may issue such regulations as he deems necessary to carry out the purpose of this section. (b) The terms used in this section which are defined in the Federal Aviation Act of 1958 shall have the same meaning us such terms have

49 USC 1301 note.

Appropriation authorization.

in such Act. (c) There is authorized to be appropriated out of the Airport and Airway Trust Fund to curry out this section not to exceed $3,750,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and $3,000,000 per fiscal year for the fiscal years 1977 and 1978.
reduction of nonessential expenditures Sec. 25. The Secretary of Transportation shall, in accordance with

49 USC 1704.

this section, attempt to reduce, to the maximum extent practicable consistent with the highest degree of aviation safety, the capital, operating, maintenance, and administrative costs of the national airport and airway system. The Secretary shall, at least annually, consult with and give due consideration to the views of users of such system on methods of reducing nonessential Federal expenditures for aviation. The Secretary shall give particular attention to any recommendations which could reduce, without any adverse effects on safety, future Federal manpower requirements and costs which are required to be recouped from charges on such users.
special studies Sec. 26. The Secretary of Transportation shall conduct studies with

49 USC 1702 note.

respect to— (1) the feasibility, practicability, and cost of land bank planning and development for future and existing airports, to be carried out through Federal, State, or local government action; 90 STAT. 886 (2) the establishment of new major public airports in the United States, including (A) identifying potential locations, (B) evaluating such locations, and (C) investigating alternative methods of financing the land acquisition and development costs necessary for such establishment; and (3) the feasibility, practicability, and cost of the soundproofing of schools, hospitals, and public health facilities located near airports.

Consultation.

 The Secretary shall consult with and solicit the views of such planning agencies, airport sponsors, other public agencies, airport users, and other interested persons or groups as he deems appropriate to the

Report to Congress.

conduct of such studies. The Secretary shall report to the Congress on the results of such studies, including legislative recommendations, if any, within 1 year after the date of enactment of this section.
<num value="II">TITLE II—</num><heading class="inline">RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES</heading> <section> <heading class="smallCaps centered">authorization</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>Subsection (d) of section 14 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714) is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><heading><inline class="smallCaps">Research, Development, and Demonstrations</inline>.—</heading><content>The Secretary is authorized to carry out under section 312(c) of the Federal <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1353">49 USC 1353</ref>.</p></sidenote>Aviation Act of 1958 such demonstration projects as he determines necessary in connection with research and development activities under such section 312(c). For research, development, and demonstration projects and activities under such section 312(c), there is authorized to be appropriated from the Trust Fund in the amount of $109,350,000 for the fiscal year 1976, including die interim period beginning July 1, 1976, and ending September 30, 1976, $85,400,000 for the fiscal year 1977, and not less than $50,000,000 per fiscal year for fiscal years 1978 through 1980, to remain available until expended. The initial $50,000,000 of any sums appropriated to the Trust Fund pursuant to subsection (d) of section 208 of the Airport and Airway Revenue Act <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1742">49 USC 1742</ref>.</p></sidenote>of 1970 shall be allocated to such research, development, and demonstration activities.”.</content></subsection> </quotedContent></content> </section> <num value="III">TITLE III—</num><heading class="inline">AIRPORT AND AIRWAY TRUST FUND</heading> <section> <num value="301">SEC. 301. </num> <heading>AUTHORIZATION FOR EXPENDITURES FROM TRUST FUND.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Amendment of 1970 Act</inline>.—</heading><paragraph class="inline"><num value="1">(1) </num><content>Subparagraph (A) of section 208(f) (1) of the Airport and Airway Revenue Act of 1970 (49 U.S.C. 1742(f) (1)(A)) is amended to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"><num value="A">“(A) </num><content>incurred under title I of this Act or of the Airport and Airway Development Act Amendments of 1976 (as such Acts were in effect on the date of the enactment of the Airport and Airway Development Act Amendments of 1976);”.</content></subparagraph> </quotedContent></content></paragraph> <page identifier="/us/stat/90/887">90 STAT. 887</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 208(f) of such Act (49 U.S.C. 1742(f)) is amended by striking out “<quotedText>July 1, 1980</quotedText>” each time it appears and inserting in lieu thereof “<quotedText>October 1, 1980</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Effective Date</inline>.—</heading><content>The amendment made by subsection (a)(1) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1742">49 USC 1742 note</ref>.</p></sidenote>shall apply to obligations incurred on or after the date of the enactment of this Act. The amendments made by subsection (a)(2) shall be effective on the date of enactment of this Act.</content></subsection></section> Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–594 (Comm. on Public Works and Transportation) and No. 94–1292 (Comm. of Conference). SENATE REPORTS: No. 94–643 accompanying S. 3015 (Comm. on Commerce) and No. 94–975 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 18, considered and passed House.

Vol. 122 (1976): Mar. 25, considered and passed Senate, amended, in lieu of S. 3015.

June 23, Senate agreed to conference report.

June 30, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 29 (1976): July 12, Presidential statement.

 Public Law 94–354: To extend and increase the authorization for making loans to the unemployment fund of the Virgin Islands. Public Law 354 Public Law 94–354 90 Stat. 888 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 888 Public Law 94–354 94th Congress
An Act To extend and increase the authorization for making loans to the unemployment fund of the Virgin Islands.

July 12, 1976

[H.R. 13069]

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

Virgin Islands.

Unemployment fund loans, extension.

26 USC 3304 note.
That (a) subsection (d) of section 301 of the Emergency Compensation and Special Unemployment Assistance Extension Act of 1975 is amended— (1) by striking out “June 30, 1976” and inserting in lieu thereof “September 30, 1977”; and (2) by striking out “$5,000,000” and inserting in lieu thereof “$15,000,000”. (b) Subsection (c) of such section 301 is amended by striking out “January 1, 1978” each place it appears and inserting in lieu thereof “January 1, 1979”.
Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1018 (Comm. on Ways and Means). SENATE REPORT No. 94–819 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 13, considered and passed House.

June 16, considered and passed Senate, amended.

July 1, Senate receded from its amendments.

 Public Law 94–355: Making appropriations for public works for water and power development and energy research, including the Corps of Engineers—Civil, the Bureau of Reclamation, power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Nuclear Regulatory Commission, the Energy Research and Development Administration, and related independent agencies and commissions for the fiscal year ending September 30, 1977, and for other purposes. Public Law 355 Public Law 94–355 90 Stat. 889 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 889 Public Law 94–355 94th Congress
An Act Making appropriations for public works for water and power development and energy research, including the Corps of Engineers—Civil, the Bureau of Reclamation, power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Nuclear Regulatory Commission, the Energy Research and Development Administration, and related independent agencies and commissions for the fiscal year ending September 30, 1977, and for other purposes.

July 12, 1976

[H.R. 14236]

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

Public Works for Water and Power Development and Energy Research Appropriation Act, 1977.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1977, for public works for water and power development and energy research, including the Corps of Engineers—Civil, the Bureau of Reclamation, power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Nuclear Regulatory Commission, the Energy Research and Development Administration, and related independent agencies and commissions, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Operating Expenses</heading> <content>For necessary operating expenses of the Administration in carrying out the purposes of the Energy Reorganization Act of 1974; hire, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s5801">42 USC 5801 note</ref>.</p></sidenote>maintenance, and operation of aircraft; publication and dissemination of atomic and other energy information; purchase, repai , and cleaning of uniforms: official entertainment expenses (not to exceed $25,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $4,147,563,000 and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955 and the Strategic and Critical Materials Stockpiling Act, as amended, and fees received for tests or investigations under the Act of May 16, 1910, as amended (42 U.S.C. 2301; 50 U.S.C. 98h: 30 U.S.C. 7)) received <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2301">42 USC 2301 note;</ref></p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s98">50 USC 98 note</ref>.</p></sidenote>by the Energy Research and Development Administration, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: <proviso><i>Provided</i>, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred:</proviso> <proviso><i>Provided further</i>, That the amount appropriated in any other appropriation act for “Operating expenses” for the Energy Research and Development Administration for the fiscal year ending September 30, 1977, shall be merged, without limitation, with this appropriation:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation.</proviso></content></appropriations> <page identifier="/us/stat/90/890">90 STAT. 890</page> <appropriations level="intermediate"><heading>Plant and Capital Equipment</heading> <content>For expenses of the Administration, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Energy Reorganization Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s5801">42 USC 5801 note</ref>.</p></sidenote>1974, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed three hundred and thirty-eight for replacement only, and hire of passenger motor vehicles; purchase of not to exceed two, and hire of aircraft; $1,572,410,000, to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated in any other appropriation Act for “Plant and capital equipment” for the Energy Research and Development Administration for the fiscal year ending September 30, 1977, shall be merged, without limitation, with this appropriation:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Geothermal Resources Development Fund</heading> <content>For carrying out the Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy Research, Development, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t30/s1101">30 USC 1101 note</ref>.</p></sidenote>and Demonstration Act of 1974, $30,000,000, to remain available until expended: <proviso><i>Provided</i>, That the indebtedness guaranteed or committed to be guaranteed shall not exceed the aggregate of $200,000,000:</proviso> <proviso><i>Provided further</i>, That after September 2, 1984, no part of this or any other appropriation for the purposes of the Loan Guarantee and Interest Assistance Program shall be available for obligation.</proviso></content></appropriations> <level> <heading class="smallCaps centered">General Provision</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Transfer of funds; report to congressional committees.</p></sidenote><content class="inline">Not to exceed 5 per centum of appropriations made available for the current fiscal year for “Operating expenses” and “Plant and capital equipment” may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate.</content> </section> </level> <num value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"><heading>Department of the Army</heading> <appropriations level="intermediate"><heading>Corps of Engineers—Civil</heading> <content>The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes.</content></appropriations> <appropriations level="small"><heading>general investigations</heading> <content>For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $71,920,000, to remain available until expended: <proviso><i>Provided</i>, That $2,000,000 of this appropriation shall be transferred <page identifier="/us/stat/90/891">90 STAT. 891</page>to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565), to provide that wildlife <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661 note</ref>.</p></sidenote>conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso></content></appropriations> <appropriations level="small"><heading>construction, general</heading> <content>For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction): $1,436,745,000, to remain available until expended: <proviso><i>Provided</i>, That no part of this appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated:</proviso> <proviso><i>Provided further</i>, That $2,000,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso></content></appropriations> <appropriations level="small"><heading>flood control, mississippi river and tributaries</heading> <content>For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g–1), $231,497,000, to remain available until expended: <proviso><i>Provided</i>, That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District engineer and the State Conservationist.</proviso></content></appropriations> <appropriations level="small"><heading>operation and maintenance, general</heading> <content>For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $648,900,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>revolving fund</heading> <content>For the design and construction of hopper dredges, $6,600,000, to remain available until expended.</content></appropriations> <page identifier="/us/stat/90/892">90 STAT. 892</page> <appropriations level="small"><heading>floor control and coastal emergencies</heading> <content>For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s701n">33 USC 701n</ref>.</p></sidenote>Control Act, approved August 18, 1941, as amended, $22,140,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>general expenses</heading> <content>For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $47,200,000.</content></appropriations> <appropriations level="small"><heading>special recreation use fees</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $2,000,000, to be derived from the special account established by the Land and Water Conservation Act of 1965, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s460l/6a">16 USC 460<i>l</i>–6a</ref>.</p></sidenote>as amended (16 U.S.C. 4601): <proviso><i>Provided</i>, That not more than 40 per centum of the foregoing amount shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.</proviso></content></appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; not to exceed $10,000 for official reception and representation expenses; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed one hundred and sixty-nine of which one hundred and sixty-seven shall be for replacement only), and hire of passenger motor vehicles: <proviso><i>Provided</i>, That the total capital of the revolving fund shall not exceed $291,000,000.</proviso></content></appropriations></appropriations> <num value="III">TITLE III—</num><heading class="inline">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Reclamation</heading> <chapeau>For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s371">43 USC 371 and note</ref>.</p></sidenote>Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau, as follows:</chapeau> <appropriations level="small"><heading>general investigations</heading> <content>For engineering and economic investigations of proposed Federal reclamation projects mid studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing <page identifier="/us/stat/90/893">90 STAT. 893</page>projects, to remain available until expended, $24,762,000: <proviso><i>Provided</i>, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest:</proviso> <proviso><i>Provided further</i>, That $554,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565) to provide <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661 note</ref>.</p></sidenote>that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Bureau of Reclamation.</proviso></content></appropriations> <appropriations level="small"><heading>construction and rehabilitation</heading> <content> <p class="firstIndent1 fontsize10">For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $348,811,000, of which $214,000,000 shall be derived from the reclamation fund: <proviso><i>Provided</i>, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer:</proviso> <proviso><i>Provided further</i>, That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.</proviso></p> <p class="firstIndent1 fontsize10">For an additional amount for “Construction and rehabilitation”, to become available immediately upon enactment of this Act, to remain available until expended, $200,000,000: <proviso><i>Provided</i>, That this additional amount may be made available without reimbursement:</proviso> <proviso><i>Provided further</i>, That this appropriation is for the payment of claims for damages to or loss of property, personal injury, or death proximately resulting from the failure on June 5, 1976, of the Teton River Dam, in accordance with such rules and regulations of the Secretary of the Interior as may be necessary and proper for the purpose of administering such claims and of determining the amounts to be allowed pursuant to this appropriation and the persons entitled to receive the same:</proviso> <proviso><i>Provided further</i>, That nothing herein shall be construed to impose any liability on the United States or to allow for payment of claims that are paid or payable from any other source, public or private:</proviso> <proviso><i>Provided further</i>, That of funds available to the Bureau of Reclamation pursuant to Public Law 94–180 under this appropriation <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/1039">89 Stat. 1039</ref>.</p></sidenote>title, not to exceed $300,000, to remain available until expended, may be transferred without reimbursement, with the approval of the Secretary of the Interior, to “Salaries and Expenses”, Office of the Secretary, to provide for expenses related to investigations of the structure failure, the expenditure of which funds shall not be subject to the limitation on services as authorized by title 5, United States Code, section 3109, as contained in section 104 of Public Law 94–165. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/990">89 Stat. 990</ref>.</p></sidenote></proviso></p> </content></appropriations> <page identifier="/us/stat/90/894">90 STAT. 894</page> <appropriations level="small"><heading>upper colorado river storage project</heading> <content>For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956, as amended (43 U.S.C. 620d), to remain available until expended, $59,331,000, of which $55,200,000 shall be available for the “Upper Colorado River Basin Fund” authorized by <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s620d">43 USC 620d</ref>.</p></sidenote>section 5 of said Act of April 11, 1956, and $4,131,000 shall be available for construction of recreational and fish and wildlife facilities <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s620g">43 USC 620g</ref>.</p></sidenote>authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: <proviso><i>Provided</i>, That no part of the fluids herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument.</proviso></content></appropriations> <appropriations level="small"><heading>colorado river basin project</heading> <content>For advances to the Lower Colorado River Basin Development Fund, as authorized by section 403 of the Act of September 30, 1968 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1543">43 USC 1543</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1521">43 USC 1521</ref>.</p></sidenote>(82 Stat. 894), for the construction, operation, and maintenance of projects authorized by title III of said Act, to remain available until expended, $94,020,000, of which $20,600,000 is for liquidation of contract <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1523">43 USC 1523</ref>.</p></sidenote>authority provided by section 303(b) of said Act.</content></appropriations> <appropriations level="small"><heading>colorado river basin salinity control projects</heading> <content>For construction, operation and maintenance of projects authorized <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1571">43 USC 1571 note</ref>.</p></sidenote>by the Act of June 24, 1974, Public Law 93–320, to remain available until expended, $44,680,000.</content></appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $143,000,000, of which $116,000,000 shall be derived from the reclamation fund and $5,172,000 shall be derived from the Colorado River Dam fund: <proviso><i>Provided</i>, That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until expended.</proviso></content></appropriations> <appropriations level="small"><heading>loan program</heading> <content>For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Act of July 4, 1955, as amended (43 U.S.C. 421a–421d), and August 6, 1956, as amended (43 U.S.C. 422a–422k), including expenses necessary for carrying out the program, $27,495,000, to remain available until expended: <proviso><i>Provided</i>, That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made, only on the same conditions as those prescribed <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s388">43 USC 388</ref>.</p></sidenote>in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197).</proviso></content></appropriations> <page identifier="/us/stat/90/895">90 STAT. 895</page> <appropriations level="small"><heading>emergency fund</heading> <content>For an additional amount for the “Emergency fund”, as authorized by the Act of June 26, 1948 (42 U.S.C. 502), to remain available until expended for the purposes specified in said Act, $1,000,000 to be derived from the reclamation fund.</content></appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional policies of the Bureau of Reclamation, $22,600,000, to be derived from the reclamation fund and to be no reimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): <proviso><i>Provided</i>, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year us general administrative expenses.</proviso></content></appropriations> <appropriations level="small"><heading>special funds</heading> <content>Sums herein referred to as being denied from the Reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a) respectively. Such stuns shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads “Operation and Maintenance” and “General Administrative Expenses” shall revert and be credited to the special fund from which derived.</content></appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content> <p class="firstIndent1 fontsize10">Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed forty-four passenger motor vehicles of which twenty-one shall be for replacement only; purchase of one aircraft for replacement only; payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/58/487">58 Stat. 487</ref>.</p></sidenote>dissemination of useful information including recordings photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461–467): <proviso><i>Provided</i>, That, no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses” and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head “General Investigations”.</proviso></p> <page identifier="/us/stat/90/896">90 STAT. 896</page> <p class="firstIndent1 fontsize10">Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law.</p> <p class="firstIndent1 fontsize10">No part of any appropriation for the Bureau of Reclamation, contained in tins Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: <proviso><i>Provided</i>, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s377a">43 USC 377a</ref>.</p></sidenote> No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.</p> <p class="firstIndent1 fontsize10">Not to exceed $225,600 may be expended from the appropriation “Construction and Rehabilitation” for work by force account on any one project or Pick-Sloan Missouri Basin Program unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation “Construction and Rehabilitation” contained in this Act, shall be available for construction work by force account: <proviso><i>Provided</i>, That this paragraph shall not apply to work performed <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s504">43 USC 504 and note</ref>.</p></sidenote>under the Rehabilitation and Betterment Act of 1949 (63 Stat. 724).</proviso></p> </content></appropriations></appropriations> <appropriations level="intermediate"><heading>Alaska Power Administration </heading> <appropriations level="small"><heading>general investigations</heading> <content>For engineering and economic investigations to promote the development and utilization of the water, power, and related resources of Alaska, $749,000, to remain available until expended: <proviso><i>Provided</i>, That $20,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661 note</ref>.</p></sidenote>1958 (72 Stat. 563–565).</proviso></content></appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $1,141,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Bonneville Power Administration Fund</heading> <content>Expenditures from the Bonneville Power Administration Fund, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s838i">16 USC 838i</ref>.</p></sidenote>established pursuant to Public Law 93–454, are hereby specifically approved for purchase of one aircraft for replacement only and construction of the following major transmission facilities: facilities to provide system support to the Lost River-Salmon River area in southeast Idaho.</content></appropriations> <page identifier="/us/stat/90/897">90 STAT. 897</page> <appropriations level="intermediate"><heading>Southeastern Power Administration</heading> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $1,076,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Southwestern Power Administration</heading> <appropriations level="small"><heading>construction</heading> <content>For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $896,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed three passenger motor vehicles for replacement only, $7,707,000.</content></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions, Department of the Interior</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>Appropriations in this title shall be available for expenditure <sidenote><p class="indent0 firstIndent0 fontsize8">Emergency reconstruction.</p></sidenote>or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: <proviso><i>Provided</i>, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interim’ for emergencies shall have been exhausted.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>The Secretary may authorize the expenditure or transfer <sidenote><p class="indent0 firstIndent0 fontsize8">Fire prevention.</p></sidenote>(within each bureau or office) of any appropriation in tins title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening hinds under jurisdiction of the Department of the Interior.</content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>Appropriations in this title shall be available for operation <sidenote><p class="indent0 firstIndent0 fontsize8">Warehouses, garages.</p></sidenote>of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same, manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content>No part of any funds made available by this Act to the <sidenote><p class="indent0 firstIndent0 fontsize8">Southwestern Power Administration.</p></sidenote>Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration,</content> </section> </level> 90 STAT. 898 <num value="IV">TITLE IV—</num><heading class="inline">INDEPENDENT OFFICES</heading> <appropriations level="intermediate"><heading>Appalachian Regional Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $1,897,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>appalachian regional development programs</heading> <content>For expenses necessary to carry out the programs authorized by the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s1">40 USC app. 1</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s109">40 USC app. 109</ref>.</p></sidenote>Appalachian Regional Development Act of 1965, as amended, except expenses authorized by section 105 of said Act, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $303,000,000, of which $185,000,000 shall be available for the Appalachian Development Highway System, but no part of any appropriation in this Act shall be available for expenses in connection with commitments for contracts or grants for the Appalachian Development Highway System in excess of the total amount herein and heretofore appropriated.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Delaware River Basin Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $83,000.</content></appropriations> <appropriations level="small"><heading>contribution to Delaware river basin commission</heading> <content>For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $198,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Power Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, hire of aircraft, services as authorized by 5 U.S.C. 3109, and not to exceed $1,000 for official reception and representation expenses, $41,582,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Interstate Commission on the Potomac River Basin</heading> <appropriations level="small"><heading>contribution to interstate commission on the potomac river basin</heading> <content>To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), <page identifier="/us/stat/90/899">90 STAT. 899</page>as amended by the Act of September 25, 1970 (Public Law 91–407), <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s567b/1">33 USC 567b–1</ref>.</p></sidenote>$52,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Nuclear Regulatory Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Commission in carrying out the purposes of the Energy reorganization Act of 1974, including the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s5801">42 USC 5801 note</ref>.</p></sidenote>employment of aliens; services authorized by 5 U.S.C. 3109; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official entertainment expenses foot to exceed $10,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft; $244,430,000, to remain available until expended: <proviso><i>Provided</i>, That from this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred:</proviso> <proviso><i>Provided further</i>, Moneys received by the Commission for the cooperative nuclear safety research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Susquehanna River Basin Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1541), $83,000.</content></appropriations> <appropriations level="small"><heading>contribution to Susquehanna river basin commission</heading> <content>For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $150,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Tennessee Valley Authority</heading> <appropriations level="small"><heading>payment to tennessee valley authority fund</heading> <content>For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C., ch. 12A), <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s831">16 USC 831</ref>.</p></sidenote>including hire, maintenance, and operation of aircraft, and hire of passenger motor vehicles, $125,930,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation and other funds available to the Tennessee Valley Authority shall be available for the purchase of not to exceed three aircraft of which one is for replacement only, and the purchase of not to exceed two hundred passenger motor vehicles for replacement only.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Water Resources Council</heading> <appropriations level="small"><heading>water resources planning</heading> <content>For expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962–1962d–3), as amended, including services as authorized by 5 U.S.C. 3109 and 42 U.S.C. 1962a–1(5), and hire of passenger motor vehicles (42 U.S.C. <page identifier="/us/stat/90/900">90 STAT. 900</page>1962a–4(6)), $12,665,000, to remain available until expended, including $1,648,000 for expenses in administering the Act (42 U.S.C. 1962d (b)), $3,248,000 for preparation of assessments and plans (42 U.S.C. 1962d(c)), $2,269,000 for preparation of plans (33 U.S.C. 1289), $2,500,000 for expenses of river basin commissions under title II of the Act (42 U.S.C. 1962d(a)), and $3,000,000 for grants to States under title III of the Act (42 U.S.C. 1962c(a)).</content></appropriations></appropriations> <num value="V">TITLE V—</num><heading class="inline">GENERAL PROVISION</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Fiscal year limitation.</p></sidenote><content class="inline"> <p class="firstIndent1 fontsize10">No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Short title.</p></sidenote> This Act may be cited as the “<shortTitle role="act">Public Works for Water and Power Development and Energy Research Appropriation Act, 1977</shortTitle>”.</p> </content> </section>
Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1223 (Comm. on Appropriations) and No. 94–1297 (Comm. of Conference). SENATE REPORT No. 94–960 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 15, considered and passed House.

June 23, considered and passed Senate, amended.

June 29, House agreed to conference report; receded and concurred in Senate amendments; Senate agreed to conference report.

 Public Law 94–356: To amend title 37, United States Code, relating to special pay for nuclear qualified officers, and for other purposes. Public Law 356 Public Law 94–356 90 Stat. 901 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 901 Public Law 94–356 94th Congress
An Act To amend title 37, United States Code, relating to special pay for nuclear qualified officers, and for other purposes.

July 12, 1976

[H.R. 10451]

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

Nuclear Career Incentive Act of 1975.

37 USC 301 note.

Nuclear-qualified submarine officers, special Pay.

be cited as the “Nuclear Career Incentive Act of 1975”.
Sec. 2. Section 312 of title 37, United States Code, is amended— (1) by striking out “$3,750” and “$3,000” in subsection (a) and by inserting “$5,000” and “$4,000”, respectively, in lieu thereof; and (2) by striking out the date that appears in subsection (e) and by inserting “September 30, 1981” in lieu thereof.
Sec. 3. Chapter 5 of title 37, United States Code, is amended by

37 USC 301 et seq.

37 USC 312a.

inserting the following new sections after section 312a and by inserting corresponding items for those new sections in the chapter analysis:
Ҥ 312b. Special pay: nuclear career accession bonus

37 USC 312b.

 “(a) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who— “(1) is entitled to basic pay; “(2) has not completed five years of commissioned service; and “(3) has, as a commissioned officer, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; may, upon successful completion of that training, in addition to all other compensation to which he is entitled, be paid a bonus in an amount not to exceed $3,000. “(b) The Secretary of the Navy shall make an annual report to the

Report to congressional committees.

House and Senate Armed Services Committees containing data to monitor the effectiveness of the bonus authorized by subsection (a) of this section. “(c) The provisions of this section shall be effective only in the case of officers who, on or before September 30, 1981, have been accepted for training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.
Ҥ 312c. Special pay: nuclear career annual incentive bonus

37 USC 312c.

 “(a) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who— “(1) is entitled to basic pay; “(2) is not above the pay grade O–6; “(3) has completed his initial obligated active service as an officer, but has completed less than twenty-six years of commissioned service; “(4) has, as a commissioned officer, successfully completed training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and “(5) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; 90 STAT. 902may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $4,000 for each nuclear service year beginning after September 30, 1975, and ending

Eligibility.

before October 1, 1981. In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise qualified officer must have been on active duty on the last day of that nuclear service year. The amount of the annual bonus to which an officer would otherwise be entitled for a nuclear service year in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he was not on active duty; was not qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an active-service

37 USC 312.

agreement executed under section 312 of this title; or was entitled to receive aviation career incentive pay in accordance with

37 USC 301a.

section 301a of this title: Provided, That— “(1) in the case of an officer with more than ten, but not more than eighteen, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year which, when added to the immediately preceding days in and before that nuclear service year, total more than three consecutive years in an assignment other than an assignment to duty on a naval vessel; duty with a nuclear ship operational command staff; duty directly involving the training of others leading to their qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or duty in connection with a nuclear propulsion examining board; “(2) in the case of an officer with more than eighteen, but not more than twenty-five, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year on which he was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants, except that in the case of an officer who, during that nuclear service year, completed his eighteenth year of commissioned service, the amount of that, annual bonus shall not be reduced for any day before the end of that eighteenth year which would have been creditable for determining the amount of the annual bonus at the end of that nuclear service year for an officer with more than ten, but not more than eighteen, years of commissioned service; and “(3) in the case of an officer with more than twenty-five, but not more than twenty-six, years of commissioned service, the, amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year on which he was not in an assignment with duties involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants, and for every day in that nuclear service year after the end of his twenty-fifth year of commissioned service. 90 STAT. 903 “(b) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who— “(1) is entitled to basic pay; “(2) is not above the pay grade O–6; “(3) has, as an enlisted member, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and “(4) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $4,000 for each nuclear service year beginning after September 30, 1975, and ending before October 1, 1981. In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise qualified officer must have been on active duty on the last day of that nuclear service year. The amount of the annual bonus to which an officer would otherwise he entitled in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an active service agreement executed under section 312 of this title; or was

37 USC 312.

entitled to receive aviation career incentive pay in accordance with section 301a of this title.

37 USC 301a.

 “(c) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who is not on active duty on the last day of a nuclear service year or who, on or before the last day of a nuclear service year, loses his technical qualifications or advances from the pay grade of O–6 to a higher pay grade may be paid a bonus in accordance with subsection (a) or (b) of this section on a pro rata basis, if otherwise qualified, unless termination of active duty or loss of technical qualifications was voluntary or was the result of his own misconduct. “(d) The Secretary of the Navy shall make an annual report to the

Report to congressional committees.

House and Senate Armed Services Committees containing data to monitor the effectiveness of the bonuses authorized by subsections (a) and (b) of this section. “(e) For the purposes of this section, a ‘nuclear service year’ is the

“Nuclear service year.”

one-year period from October 1, 1975, through September 30, 1976, or any fiscal year beginning after September 30, 1976, and before October 1, 1981.”.
Sec. 4. Notwithstanding any other provision of this Act or any

37 USC 312 note.

other provision of law, and under regulations prescribed by the Secretary of the Navy, an officer of the naval service who, on or after the effective date of this Act, is, or will be, performing obligated service as the result of an active service agreement executed in accordance with section 312 of title 37, United States Code, as it existed at any time before the effective date of this Act, may be permitted— (1) as of the last day of the first year of that obligated service, to cancel that active service agreement in exchange for a new active service agreement in accordance with section 312 of title 37, as amended by this Act; or 90 STAT. 904 (2) as of the last day of any year, other than the last year, of that obligated service, to cancel that active service agreement in exchange for eligibility for the annual bonus authorized by section

Ante, p. 901.

312c of title 37, as added by this Act, and an agreement to remain on active duty for a period of time equal to the period of obligated service remaining under that active service agreement.
Sec. 5.

Effective date.

37 USC 312 note.

This Act becomes effective on the first day of the first month after enactment, except that section 312c of title 37, United States Code, as added by this Act, is effective as of October 1, 1975.
Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–644 accompanying S. 2114 and No. 94–1039 (Comm. on Armed Services). SENATE REPORTS: No. 94–329 accompanying S. 2114 and No. 94–1008 (Comm. on Armed Services). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 26, S. 2114, considered and passed Senate.

Nov. 17, S. 2114 considered and passed House, amended.

Vol. 122 (1976): May 10, considered and passed House.

June 30, considered and passed Senate, in lieu of S. 2114.

 Public Law 94–357: To designate the Alpine Lakes Wilderness, Mount Baker-Snoqualmie and Wenatchee National Forests, in the State of Washington. Public Law 357 Public Law 94–357 90 Stat. 905 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 905 Public Law 94–357 94th Congress
An Act To designate the Alpine Lakes Wilderness, Mount Baker-Snoqualmie and Wenatchee National Forests, in the State of Washington.

July 12, 1976

[H.R. 7792]

 Be it enacted by the Senate and II wee of Representatives of the United States of America in Congress assembled,
That this Act may

Alpine Lakes Area Management Act of 1976.

16 USC 1132 note.

16 USC 1132 note.

be cited as the “Alpine Lakes Area Management Act of 1976”.
findings and purposes Sec. 2. (a) The Congress finds that: (1) The Cascade Mountains of the State of Washington between Stevens Pass and Snoqualmie Pass, commonly known as the Alpine Lakes region, comprise an environment of timbered valleys rising to rugged, snow covered mountains, dotted with over seven hundred lakes, displaying unusual diversity of natural vegetation, and providing habitat for a variety of wildlife, (2) This region is abundant in its multiple resources, including an abundant source of pure water, commercial forests, an outdoor laboratory for scientific research and educational activities, and opportunities for great diversity of recreational use and enjoyment during all seasons of the year, in particular for quality hunting, fishing, motorized recreation, skiing, picnicking, camping, rock collecting, nature study, backpacking, horseback riding, swimming, boating, mountain climbing, and many others, together with the opportunity for millions of persons traveling through the periphery of the area to enjoy its unique values. (b) Purposes of this Act: In order to provide for public outdoor recreation and use and for economic utilization of commercial forest lands, geological features, lakes, streams and other resources in the Central Cascade Mountains of Washington State by present and future generations, there is hereby established, subject to valid existing rights an Alpine Lakes Area, including an Alpine Lakes Wilderness, an “Intended Wilderness” and a management unit, comprising approximately nine hundred and twenty thousand acres.
Sec. 3. (a) The Alpine Lakes Wilderness (hereinafter referred to

16 USC 1132 note.

as “the wilderness”), the “Intended Wilderness”, and the peripheral area (hereinafter referred to as the “management unit”), shall comprise the areas so depicted on the map entitled “Alpine Lakes Area” and dated June 1976, which shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture. The Secretary of Agriculture (hereinafter referred to as

Description and map; publication in Federal Register.

the “Secretary”) shall, as soon as practicable after the enactment of this Act, publish in the Federal Register a detailed description and map showing the boundaries of the wilderness, “Intended Wilderness”, and the management unit. (b) The Secretary shall administer the Federal lands in the management

Administration.

unit in accordance with the laws, rules, and regulations applicable to the national forests in such a manner as to provide for the management of all of the resources of the management unit. 90 STAT. 906 (c) The Federal lands designated as the Alpine Lakes Wilderness shall be administered in accordance with the provisions of this Act

16 USC 1131 note.

Publication in Federal Register.

and with the provisions of the Wilderness Act (78 Stat. 890), whichever is the more restrictive. (d) Federal lands depicted on the map and legal description as “Intended Wilderness” shall become part of the Alpine Lakes Wilderness at such time as the adjacent non-Federal lands, interests or other property become wilderness according to the provisions of section 3 (e) of this Act, at which times the Secretary shall file a map and legal description of such additions in the Federal Register. (e) Non-Federal lands depicted on the map and legal description as “Wilderness” and “Intended Wilderness” shall become part of the Alpine Lakes Wilderness when acquired by the Federal Government in conformance with the acquisition program required by section 4 of this Act.
land acquisition and exchange Sec. 4. (a)

16 USC 1132 note.

Within the boundaries of the wilderness and “Intended Wilderness”, the Secretary is authorized and directed to acquire with donated or appropriated funds, by gift, exchange, or otherwise, such non-Federal lands, interests, or any other property, in conformance with the provisions of section 4 of this Act: Provided, That any such lands, interests, or other property owned by or under the control of the State of Washington or any political subdivision thereof may be acquired only by donation or exchange. Nothing in this Act shall be construed to limit or diminish the existing authority of the Secretary to acquire lands and interests therein within the Alpine Lakes Area in accordance with established law. Notwithstanding any other provision of law, any Federal property located within the management unit may, with the concurrence of the agency having custody thereof, be transferred without consideration to I he administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this Act. The Secretary shall exercise caution in exchanging land so as not to impair substantially the programmed allowable timber harvest of the Mount Baker-Snoqualmie and Wenatchee National Forest. Amounts appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interest for the purposes of this Act. (b) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within the wilderness and “Intended Wilderness”, and convey to the owner of such property any national forest land within the State of Washington under the jurisdiction of the Secretary: Provided, That the Secretary may accept cash for or pay cash to the grantor in such an exchange in order to equalize minor differences in the values of the properties exchanged. (c)(1)

Publication in Federal Register.

As non-Federal lands and interests in the wilderness and “Intended Wilderness” are acquired, and as they become protectable and administer able as wilderness, the lands shall become part of the Alpine Lakes Wilderness, and the Secretary shall publish from time to time a notice of such classification in the Federal Register. It is the intention of Congress that acquisition of the “Intended Wilderness” shall be completed no later than three years after the date of enactment of this Act. At any time after three years from the date of enactment 90 STAT. 907of this Act, on action may be instituted by an owner, all of whose lands within the boundaries of the “Intended Wilderness” have been managed in such a way so as not to become unsuitable or unmanageable as wilderness (except for disturbance affecting a minor land area and found by the Secretary to have resulted from strictly accidental and unintentional circumstances), against the United States in the district, court for the district in which such lands are located, to require the Secretary to acquire immediately all of said owner’s interest in such lands, interests and property and to pay in accordance with this section 4 just compensation for such lands, interest, and property the plaintiff may have which are not yet acquired pursuant to this section 4. By February 1 of each year, the Secretary shall report in writing

Report to congressional committees.

to the Committees on Interior and Insular Affairs of the United States House of Representatives and the Senate, on the status of negotiations with private owners to effect exchanges and acquisition of non-Federal property. (2) The United States will pay just compensation to the owner of

Payments.

any lands and interests acquired by and pursuant to this Act. Such compensation shall be paid either: (A) by the Secretary of the Treasury from money appropriated pursuant to this Act from the Land and Water Conservation Fund, or from any other funds available for such use, upon certification to him by the Secretary, of the agreed negotiated value of such property, or the valuation of the property awarded by judgment, including interest at the rate of 8 per centum per annum from the date of the acquisition of the property or the date of filing an action according to the provisions of section 4(c)(1) of this Act, whichever is earlier, to the date of payment therefor: or (B) by the Secretary, if the owner of the land concurs, with any federally owned property available to him for purposes of exchange, pursuant to subsection 4(b); or (C) by the Secretary using any combination of such money or federally owned property. (3) Just compensation shall be the fair market value of the lands and interests acquired by and pursuant to this Act, and shall be determined as of the date of acquisition: Provided, however, That the fair market value of those lands acquired from owners who, from the time of enactment of this Act to the time of acquisition of any such lands, have managed all lands within the “Intended Wilderness” under their ownership so as not to make such lands unsuitable or unmanageable as wilderness (except for disturbance affecting a minor land area and found by the Secretary to have resulted from strictly accidental and unintentional circumstances), shall be the sum of (A) the value of such lands and interests at the date of acquisition, plus (B) any loss of value of timber from casualty, deterioration, disease, or other natural causes from January 1, 1976, to the date of acquisition, with all existing and lost or damaged timber valued at the highest of (i) its market value on the date of acquisition, (ii) its market value on January 1, 1976, or (iii) the mean average market value between those dates: And provided further, That nothing in this Act shall be deemed or construed to deny to owners of non-Federal lands, or to change their rights to access to such lands or to manage the same for any otherwise lawful purpose prior to acquisition thereof by the Secretary. For the purposes of this section, the owner of property is defined as the holder of fee title unless said property is subject to an agreement of sale entered into prior to April 1, 1976.
90 STAT. 908
wilderness management plan Sec. 5.

Enchantment Area, study.

16 USC 1132 note.

In conjunction with the preparation of a wilderness management plan for the wilderness designated by this Act, the Secretary shall prepare a special study of the Enchantment Area of the Alpine Lakes Wilderness, taking into consideration its especially fragile nature, its ease or accessibility, its unusual attractiveness, and its resultant heavy recreational usage. The study shall explore the feasibility and benefits of establishing special provisions for managing the Enchantment Area to protect its fragile beauty, while still maintaining the availability of the entire area for projected recreational demand.
multiple use plan Sec. 6. (a)

16 USC 1132 note.

Within two years of the enactment of this Act, the Secretary shall, in accordance with the provisions of this Act and other applicable acts governing the administration of the National Forest system and with full public involvement required by this and other pertinent law, prepare, complete and begin to implement in accordance with the provision of subsection (b) a single multiple-use plan for the Federal lands in the management unit. (b) The management of the renewable resources will be in accordance with the Multiple-Use Sustained-Yield Act of 1960 (74 Stat 215;

16 USC 528 note.

16 U.S.C. 528–531), with other applicable laws and regulations of the United States, and will be such to obtain multiple use and sustained yield of the several products and services obtained therefrom. (c)

Publication in Federal Register.

Transmittal to President and Congress.

The Secretary shall publish a notice of such plan in the Federal Register and shall transmit it to the President and to the United States House of Representatives and to the Senate. The completed plan will take effect and will be implemented no earlier than ninety calendar days and no later than one hundred and fifty calendar days from the date of such transmittal. (d) The resources of the management unit shall be managed in accordance with the provisions of the multiple-use plan until such time as the plan may be revised according to the provisions of this section. (e) The Secretary shall review the multiple-use plan from time to time and, with full public involvement, shall make any changes he deems necessary to carry out the, purposes of this Act. (f) The Secretary shall permit and encourage the use of renewable resources within the management unit, and nothing in this Act shall be construed to prohibit the conduct of normal national forest programs during the formulation of, nor to prohibit inclusion of such programs in the multiple-use plan required by this section.
authorities of the state of Washington Sec. 7. (a)

Hunting and fishing.

16 USC 1132 note.

The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with applicable Federal and State laws. Except in emergencies, any regulations pursuant to this subsection shall be issued only after consultation with the fish and game departments of the State of Washington. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of these agencies. 90 STAT. 909 (b) Nothing in this Act shall deprive the State of Washington or any political subdivisions thereof of its right to exercise civil and criminal jurisdiction within the area or of its right to tax persons, corporations, franchises, or other non-Federal property, in or on lands and waters within the area.
authorization of appropriations Sec. 8. There is hereby authorized to be appropriated for the acquisition

16 USC 1132 note.

of lands and interests to carry out the purposes of this Act, not more than $20,000,000 in fiscal year 1977, $17,000,000 in fiscal year 1978, and $20,000,000 in fiscal year 1979, such sums to remain available until appropriated without fiscal year limitation. To prepare the multiple-use plan required by section 6 of this Act, there is authorized to be appropriated not more than $500,000. Appropriation requests by the President to implement the multiple-use plan shall express in qualitative and quantitative terms the most rapid and judicious manner and methods to achieve the purposes of this Act. Amounts appropriated to carry out this Act shall be expended in accordance with the Budget Reform and Impoundment Control Act of 1974 (88 Stat. 297).

31 USC 1301 note.

Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1154 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94–1902 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 8, considered and passed House.

June 29, considered and passed Senate.

 Public Law 94–358: To amend title 5 of Ute United States Code to provide that the provisions relating to the withholding of city income or employment taxes from Federal employees shall apply to taxes imposed by certain nonincorporated local governments. Public Law 358 Public Law 94–358 90 Stat. 910 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 910 Public Law 94–358 94th Congress
An Act To amend title 5 of Ute United States Code to provide that the provisions relating to the withholding of city income or employment taxes from Federal employees shall apply to taxes imposed by certain nonincorporated local governments.

July 12, 1976

[H.R. 10572]

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

Taxes.

Federal employees, city income or employment taxes.

“City.”
That paragraph (1) of section 5520(c) of title 5, United States Code, is amended to read as follows: “(1) ‘city’ means any unit of general local government which— “(A) is classified as a municipality by the Bureau of the Census, or “(B) is a town or township which, in the determination of the Secretary of the Treasury— “(i) possesses powers and performs functions comparable to those associated with municipalities, “(ii) is closely settled, and “(iii) contains within its boundaries no incorporated places, as defined by the Bureau of the Census, within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government; and”.
Sec. 2.

Effective date.

5 USC 5520 note.

The amendment made by the first section of this Act shall take effect on the date of the enactment of this Act.
Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1008 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 3, considered and passed House.

July 1, considered and passed Senate.

 Public Law 94–359: To amend the Endangered Species Act of 1973 in order to permit the disposal of certain endangered species products and parts lawfully held within the United States on the effective date of such Act. Public Law 359 Public Law 94–359 90 Stat. 911 1976-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 911 Public Law 94–359 94th Congress
An Act To amend the Endangered Species Act of 1973 in order to permit the disposal of certain endangered species products and parts lawfully held within the United States on the effective date of such Act.

July 12, 1976

[S. 229]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4(f)

Endangered Species Act of 1973, amendments.

(2)(B) (it) of the Endangered Species Act of 1973 (16 U.S.C. 1533 (f) (2) (B) (ii)) is amended by striking out “subsection (b) (A), (B), and (C)” and inserting in lieu thereof subsection (b)(1) (A)”.
Sec. 2. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end thereof the following new subsections: “(f) (1) As used in this subsection—

Definitions.

 “(A) The term ‘pre-Act endangered species part’ means— “(i) any sperm whale oil, including derivatives thereof, which was lawfully held within the United States on December 28, 1973, in the course of a commercial activity; or “(ii) any finished scrimshaw product, if such product or the raw material for such product was lawfully held within the United States on December 28, 1973, in the course of a commercial activity. “(B) The term ‘scrimshaw product’ means any art form which involves the etching or engraving of designs upon, or the carving of figures, patterns, or designs from, any bone or tooth of any marine mammal of the order Cetacea, “(2) The Secretary, pursuant to the provisions of this subsection,

Exemption.

may exempt, if such exemption is not in violation of the Convention, any pre-Act endangered species part from one or more of the following prohibitions: “(A) The prohibition on exportation from the United States set forth in section 9(a)(1)(A) of this Act.

16 USC 1538.

 “(B) Any prohibition set forth in section 9(a) (1) (E) or (F) of this Act, “(3) Any person seeking an exemption described in paragraph (2)

Application.

of this subsection shall make application therefor to the Secretary in such form and manner as he shall prescribe, but no such application may be considered by the Secretary unless the application— “(A) is received by the Secretary before the close of the one-year period beginning on the date on which regulations promulgated by the Secretary to carry out this subsection first take effect; “(B) contains a complete and detailed inventory of all pre-Act endangered species parts for which the applicant, seeks exemption; “(C) is accompanied by such documentation as the Secretary may require to prove that any endangered species part or product claimed by the applicant to be a pre-Act endangered species part is in fact such a part; and “(D) contains such other information as the Secretary deems necessary and appropriate to carry out the purposes of this subsection. 90 STAT. 912 “(4)

Exemption certification.

If the Secretary approves any application for exemption made under this subsection, he shall issue to the applicant a certificate of exemption which shall specify— “(A)

16 USC 1538.

any prohibition in section 9(a) of this Act which is exempted; “(B) the pre-Act endangered species parts to which the exemption applies; “(C) the period of time during which the exemption is in effect, but no exemption made under this subsection shall have force and effect after the close of the three-year period beginning on the date of issuance of the certificate; and “(D) any term or condition prescribed pursuant to paragraph (5) (A) or (B), or both, which the Secretary deems necessary or appropriate. “(5)

Regulations.

The Secretary shall prescribe such regulations as he deems necessary and appropriate to carry out the purposes of this subsection. Such regulations may set forth— “(A) terms and conditions which may be imposed on applicants for exemptions under this subsection (including, but not limited to, requirements that applicants register inventories, keep complete sales records, permit duly authorized agents of the Secretary to inspect such inventories and records, and periodically file appropriate reports with the Secretary); and “(B) terms and conditions which may be imposed on any subsequent purchaser of any pre-Act endangered species part covered by an exemption granted under this subsection; to insure (hat any such part so exempted is adequately accounted for and not disposed of contrary to the provisions of this Act. No regulation prescribed by the Secretary to carry out the purposes of this subsection shall be subject to

16 USC 6533.

Pre-Act endangered species parts, sales contract, validity.

section 4(f) (2) (A) (i) of this Act. “(6) (A) Any contract for the sale of pre-Act endangered species parts which is entered into by the Administrator of General Services prior to the effective date of this subsection and pursuant to the notice published in the Federal Register on January 9, 1973, shall not be rendered invalid by virtue of the fact that fulfillment of such contract may be prohibited under section 9(a) (1) (F). “(B) In the event that this paragraph is held invalid, the validity of the remainder of the Act, including the remainder of this subsection, shall not be affected. “(7) Nothing in this subsection shall be construed to— “(A) exonerate any person from any act committed in violation of paragraphs (1) (A), (1) (E), or (1) (F) of section 9(a) prior to the date of enactment of this subsection; or “(B) immunize any person from prosecution for any such act. “(g) In connection with any action alleging a violation of section 9, any person claiming the benefit of any exemption or permit under this Act shall have the burden of proving that the exemption or permit is applicable, has been granted, and was valid and in force at the time of the alleged violation.”.
Sec. 3. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is further amended— (1) by striking out “subsection” in the first sentence of subsection (c) thereof and inserting in lieu thereof “section”; and (2) by striking out the period at the end of the second sentence of subsection (c) thereof and inserting in lieu thereof the following:

Waiver.

“; except that such thirty-day period may be waived by 90 STAT. 913the Secretary In an emergency situation where the health or life of an endangered animal is threatened and no reasonable alternative is available to the applicant, but notice of any such waiver

Publication in Federal Register.

shall be published by the Secretary in the Federal Register within ten days following the issuance of the exemption or permit.”.
Sec. 4. Section 11(e)(3) of the Endangered Species Act of 1973

Enforcement.

(16 U.S.C. 1540(e) (3)) is amended— (1) by inserting immediately before the words “execute and serve any arrest warrant,” in the second sentence thereof the following: “make arrests without a warrant for any violation of this Act if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view, and may”; and (2) by striking out the period at the end thereof and inserting in lieu thereof the following: “, but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than, by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this Act, us the Secretary shall by regulation prescribe.”.
Sec. 5. Paragraph (1) of section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532(1)) is amended by striking the period and inserting in lieu thereof “: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.”.
Approved July 12, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–823 accompanying H.R. 10229 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94–63 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): Apr. 14, considered and passed Senate.

Vol. 122 (1976): Feb. 17, considered and passed House, amended, in lieu of H.R. 10229.

June 24, Senate agreed to House amendment with amendments.

June 29, House concurred in Senate amendments.

 Public Law 94–360: To revise and extend the Horse Protection Act of 1970. Public Law 360 Public Law 94–360 90 Stat. 915 1976-07-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 915 Public Law 94–360 94th Congress
An Act To revise and extend the Horse Protection Act of 1970.

July 13, 1976

[S. 811]

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

Horse Protection Act Amendments of 1976.

15 USC 1821 note.
Section 1. (a) This Act may be cited as the “Horse Protection Act Amendments of 1976”. (b) Whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Horse Protection Act of 1970.
Sec. 2.

15 USC 1821 note.

Definitions.

The first section is amended by striking out “of 1970”.
Sec. 3. Section 2 (15 U.S.C. 1821) is amended to read as follows:
“Sec. 2. As used in this Act unless the context otherwise requires: “(1) The term ‘management’ means any person who organizes, exercises control over, or administers or who is responsible for organizing, directing, or administering. “(2) The term ‘Secretary’ means the Secretary of Agriculture. “(3) The term ‘sore’ when used to describe a horse means that— “(A) an irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse, “(B) any burn, cut, or laceration has been inflicted by a person on any limb of a horse, “(C) any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or “(D) any other substance or device has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse, and, as a result of such application, infliction, injection, use or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medicine in the State in which such treatment was given. “(4) The term ‘State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.”.
Sec. 4. Section 3 (15 U.S.C. 1822) is amended to read as follows:
“Sec. 3. The Congress finds and declares that— “(1) the soring of horses is cruel and inhumane; “(2) horses shown or exhibited which are sore, where such soreness improves the performance of such horse, compete unfairly with horses which are not sore; “(3) the movement, showing, exhibition, or sale of sore horses in intrastate commerce adversely affects and burdens interstate and foreign commerce; 90 STAT. 916 “(4) all horses which are subject to regulation under this Act are either in interstate or foreign commerce or substantially affect such commerce: and “(5) regulation under this Act by the Secretary is appropriate to prevent and eliminate burdens upon commerce and to effectively regulate commerce.”.
Sec. 5. Section 4 (15 U.S.C. 1823) is amended to read as follows:
“Sec. 4. (a) The management of any horse show or horse exhibition shall disqualify any horse from living shown or exhibited (1) which is sore or (2) if the management has been notified by a prison appointed in accordance with regulations under subsection (e) or by the Secretary that the horse is sore. “(b) The management of any horse sale or auction shall prohibit, the sale or auction or exhibition for the purpose of sale of any horse (1) which is sore or (2) if the management has been notified by a person appointed in accordance with regulations under subsection (c) or by the Secretary that the horse is sore. “(c)

Regulations.

The Secretary shall prescribe by regulation requirements for the appointment by the management of any horse show, horse exhibition, or horse, sale or auction of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purposes of enforcing this Act. Such requirements shall prohibit the appointment of persons who, after notice and opportunity for a hearing, have been disqualified by the Secretary to make such detection, diagnosis, or inspection. Appointment of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary’s representative) under subsection (e). “(d)

Records.

The management of a horse show, horse exhibition, or horse sale or auction shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regulation reasonably require for the purposes of implementing this Act or to determine compliance with this Act. Upon request of an officer or employee duly designated by the Secretary, such management shall permit, en try at all reasonable times for the inspection and copying (on or off the premises) of records required to be maintained under this subsection. “(e)

Inspection.

For purposes of enforcement of this Act (including any regulation promulgated under this Act) the Secretary, or any representative of the Secretary duly designated by the Secretary, may inspect any horse show, horse exhibition, or horse sale or auction or any horse at any such show, exhibition, sale, or auction. Such an inspection may only be made upon presenting appropriate credentials. Each such inspection shall be commenced and completed with reasonable promptness and shall be conducted within reasonable limits and in a reasonable manner. An inspection under this subsection shall extend to all things (including records) bearing on whether the requirements of this Act have been complied with.”.
Sec. 6.

Prohibited conduct.

Section 5 (15 U.S.C. 1824) is amended to read as follows:
“Sec. 5. The following conduct is prohibited: “(1) The shipping, transporting, moving, delivering, or receiving of any horse which is sore with reason to believe that such horse while it is sore may be shown, exhibited, entered for the purpose of being shown or exhibited, sold, auctioned, or offered 90 STAT. 917for sale, in any horse show, horse exhibition, or horse sale or auction; except that this paragraph does not apply to the shipping, transporting, moving, delivering, or receiving of any horse by a common or contract carrier or an employee thereof in the usual course of the carrier’s business or employee’s employment unless the carrier or employee has reason to believe that such horse is sore. “(2) The (A) showing or exhibiting, in any horse show or horse, exhibition, of any horse which is sore, (B) entering for the purpose of showing or exhibiting in any horse show or horse exhibition, any horse which is sore, (C) selling, auctioning, or offering for sale, in any horse sale or unction, any horse which is sore, and (D) allowing any activity described in clause (A), (B), or (C) respecting a horse which is sore by the owner of such horse. “(3) The failure by the management of any horse show or horse exhibition, which does not appoint and retain a person in accordance with section 4 (c) of this Act, to disqualify from being shown

Ante, p. 916.

or exhibited any horse which is sore. “(4) The failure by the management of any horse sale or auction, which does not appoint and retain a qualified person in accordance with section 4(c) of this Act, to prohibit the sale, offering for sale, or auction of any horse which is sore. “(5) The failure by the management of any horse show or horse exhibition, which has appointed and retained a person in accordance with section 4(c) of this Act, to disqualify from being shown or exhibited any horse (A) which is sore, and (B) after having been notified by such person or the Secretary that the horse is sore or after otherwise having knowledge, that the horse is sore. “(6) The failure by the management of any horse sale or auction which has appointed and retained a person in accordance with section 4(c) of this Act, to prohibit the sale, offering for sale, or auction of any horse (A) which is sore, and (B) after having been notified by such person or the Secretary or after otherwise having knowledge that the horse is sore. “(7) The showing or exhibiting at a horse show or horse exhibition; the selling or auctioning at a horse sale, or auction; the allowing to be shown, exhibited, or sold at a horse show, horse exhibition, or horse sale or auction; the entering for the purpose of showing or exhibiting in any horse show or horse exhibition; or offering for sale at a horse sale or auction, any horse which is wearing or bearing any equipment, device, paraphernalia, or substance which the Secretary by regulation under section 9 prohibits

15 USC 1829.

to prevent the soring of horses. “(8) The failing to establish, maintain, or submit records, notices, reports, or other information required under section 4. “(9) The failure or refusal to permit access to or copying of records, or the failure or refusal to permit entry or inspection, as required by section 4. “(10) The removal of any marking required by the Secretary to identify a horse as being detained. “(11) The failure or refusal to provide the Secretary with adequate space or facilities, as the Secretary may by regulation under section 9 prescribe, in which to conduct inspections or any other activity authorized to be performed by the Secretary under this Act.”.
90 STAT. 918
Sec. 7.

Penalties.

Section 6 (15 U.S.C. 1825) is amended to read as follows:
“Sec. 6. (a) (1) Except as provided in paragraph (2) of this subsection,

Ante, p. 916.

any person who knowingly violates section 5 shall, upon conviction thereof, be fined not more than $3,090, or imprisoned for not more than one year, or both. “(2) (A) If any person knowingly violates section 5, after one or more prior convictions of such person for such a violation have become final, such person shall, upon conviction thereof, be fined not more than $5,000, or imprisoned for not more than two years, or both. “(B) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this Act; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be

Ante, p. 916.

submitted to the Secretary under section 4 of this Act; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memoranda, notification, or other materials; who knowingly removes any such documentary evidence out of the jurisdiction of die United States; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than $5,000, or imprisoned for not more than three years, or both. “(C) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account, of the performance of his official duties under this Act shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Act shall be punishable as provided under sections 1111 and 1112 of title 18, United States Code. “(b) (1) Any person who violates section 5 of this Act shall be liable to the United States for a civil penalty of not more than $2,000

Notice and hearing.

for each violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing before the Secretary with respect to such violation. The amount of such civil penalty shall be assessed by the Secretary by written order. In determining the amount of such penalty, the Secretary shall take into account all factors relevant to such determination, including the, nature, circumstances, extent, and gravity of the prohibited conduct, and, with respect to the person found to have engaged in such conduct, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. “(2)

Notice of appeal.

Any person against whom a violation is found and a civil penalty assessed under paragraph (1) of this subsection may obtain review in the court of appeals of the United States for the circuit in which such person resides or has his place of business or in the United States Court, of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court 90 STAT. 919a certified copy of the record upon which such violation was found and such penalty assessed, as provided in section 2112 of title 28, United States Code. The findings of the Secretary shall be set aside if found to be unsupported by substantial evidence. “(3) If any person fails to pay an assessment of a civil penalty

Referral to Attorney General.

after it has become a final mid unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. “(4) The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this subsection. “(c) In addition to any fine, imprisonment, or civil penalty authorized under this section, any person who was convicted under subsection (a) or who paid a civil penalty assessed under subsection (b) or is subject to a final order under such subsection assessing a civil penalty for any violation of any provision of this Act or any regulation issued under this Act may be disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction for a period of not less than one year for the first violation and not less than five years for any subsequent violation. Any person who knowingly fails to obey an order of disqualification shall be subject to a civil penalty of not more than $3,000 for each violation. Any horse show, horse exhibition, or horse sale or auction, or the management thereof, collectively and severally, which knowingly allows any person who is under an order of disqualification to snow or exhibit any horse, to enter for the purpose of showing or exhibiting any horse, to take part in managing or judging, or otherwise to participate in any horse show, horse exhibition, or horse sale or auction in violation of an order shall be subject to a civil penalty of not more than $3,000 for each violation. The provisions of subsection (b) respecting the assessment, review, collection, and compromise, modification, and remission of a civil penalty apply with respect to civil penalties under this subsection. “(d) (1) The Secretary may require by subpena the attendance and

Subpena of witnesses and records.

Witness fees.

testimony of witnesses mid the production of books, papers, and documents relating to any matter under investigation or the subject of a proceeding. Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. “(2) The attendance of witnesses, and the production of books, papers, and documents, may be required at any designated place from any place in the United States. In case of disobedience to a subpena the Secretary, or any party to a proceeding before the Secretary, may invoke the aid of any appropriate district court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this Act. “(3) The Secretary may order testimony to be taken by deposition under oath in any proceeding or investigation pending before him, at any stage of the proceeding or investigation. Depositions may be taken 90 STAT. 920before any person designated by the Secretary who has power to administer oaths. The Secretary may also require the production of books, papers, and documents at the taking of depositions. “(4) Witnesses whose depositions are taken and the persons taking them shall be entitled to the same fees as paid for like services in the courts of the United States or in other jurisdictions in which they may appear. “(5) In any civil or criminal action to enforce this Act or any regulation under this Act a horse shall be presumed to be a horse which is sore if it manifests abnormal sensitivity or inflammation in both of its forelimbs or both of its hind limbs. “(6) The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in subsection (b) of this section. “(e) (1)

Detention for examination.

The Secretary may detain (for a period not to exceed twenty-four hours) for examination, testing, or the taking of evidence, any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore. The Secretary may require the temporary marking of any horse during the period of its detention for the purpose of identifying the horse as detained. A horse which is detained subject to this paragraph shall not be moved by any person from the place it is so detained except as authorized by the Secretary or until the expiration of the detention period applicable to the horse. “(2) Any equipment, device, paraphernalia, or substance which was used in violation of any provision of this Act, or any regulation issued under this Act or which contributed to the soring of any horse at, or prior to any horse show, horse exhibition, or horse sale or auction, shall be liable to be proceeded against, by process of libel for the seizure and condemnation of such equipment, device, paraphernalia, or substance, in any United States district court, within the jurisdiction of which such equipment, device, paraphernalia, or substance is found. Such proceedings shall conform as nearly as possible to proceedings in rem in admiralty.”.
Sec. 8.

Technical and other nonfinancial assistance.

Section 8 (15 U.S.C. 1827) is amended by inserting “(a)” after “Sec. 8.” and by adding at the end of such section the following: “(b) The Secretary may, upon request, provide technical and other nonfinancial assistance (including the lending of equipment on such terms and conditions as the Secretary determines is appropriate) to any State to assist it in administering and enforcing any law of such

Ante, p. 916.

State designed to prohibit conduct described in section 5.”.
Sec. 9. Section 11 (15 U.S.C. 1830) is amended by striking out “twenty-four calendar-month period” and inserting in lieu thereof “twelve calendar months”.
90 STAT. 921
Sec. 10. Effective July 1, 1976, section 12 (15 U.S.C. 1831) is

Appropriation authorization.

Effective date.

amended to read as follows:
“Sec. 12. There are authorized to be appropriated to carry out this Act $125,000 for the period beginning July 1, 1976, and ending September 30, 1976; and for the fiscal year beginning October 1, 1976, and for each fiscal year thereafter there are authorized to be appropriated such sums, not to exceed $500,000, as may be necessary to carry out this Act.”.
Approved July 13, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1174 accompanying H.R. 13711 (Comm. on interstate and Foreign Commerce). SENATE REPORT No. 94–418 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 9, considered and passed Senate.

Vol. 122 (1976): June 21, considered and passed House, amended, in lieu of H.R. 13711.

June 24, Senate concurred in House amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12. No. 29:

July 14, Presidential statement.

 Public Law 94–361: To authorize appropriations during the fiscal year 1977 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duly component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads, and for other purposes. Public Law 361 Public Law 94–361 90 Stat. 923 1976-07-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 923 Public Law 94–361 94th Congress
An Act To authorize appropriations during the fiscal year 1977 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duly component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads, and for other purposes.

July 14, 1976

[H.R. 12438]

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

Department of Defense Appropriation Authorization Act, 1977.

 <num value="I">TITLE I—</num><heading class="inline">PROCUREMENT</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <chapeau>Funds are hereby authorized to be appropriated during lite fiscal year 1977 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, trucked combat vehicles, torpedoes, and other weapons in amounts as follows:</chapeau> <appropriations level="intermediate"><heading>Aircraft</heading> <content>For aircraft: for the Army, $554,100,000; for the Navy and the Marine Corps, $2,995,800,000, of which not more than $104,100,000 shall be available only for the procurement of US–3A COD aircraft and of which $65,800,000 shall be available only for the procurement of the A–6E aircraft; for the Air Force, $6,143,800,000.</content></appropriations> <appropriations level="intermediate"><heading>Missiles</heading> <content>For missiles: for the Army, $552,400,000; for the Navy, $1,732,900,000, of which no funds may be expended on the Sparrow AIM–7F missile program until the Secretary of Defense certifies to the Committees on Armed Services of the Senate and the House of Representatives that he has reviewed the test and evaluation results for such missile and has determined, on the basis of such results, that such missile fulfills Navy and Air Force mission requirements and is combat-effective; for the Marine Corps, $71,900,000; for the Air Force, $1,883,100,000, of which $317,000,000 shall be used only for the procurement of Minuteman III missiles.</content></appropriations> <appropriations level="intermediate"><heading>Naval Vessels</heading> <content>For naval vessels: for the Navy, $6,655,000,000.</content></appropriations> <appropriations level="intermediate"><heading>Tracked Combat Vehicles</heading> <content>For tracked combat vehicles: for the Army, $1,056,500,000, of which $65,200,000 shall be available for plant facilities expansion and modernization for future XM–1 tank production, but none of such funds may be obligated on a specific production site until such time as competitive testing between possible United States XM–1 tank contenders has been completed and a winning United States contractor designated; for the Marine Corps, $29,700,000.</content></appropriations> <page identifier="/us/stat/90/924">90 STAT. 924</page> <appropriations level="intermediate"><heading>Torpedoes</heading> <content>For torpedoes and related support equipment: for the Navy, $236,800,000.</content></appropriations> <appropriations level="intermediate"><heading>Other Weapons</heading> <content>For other weapons: for the Army, $57,300,000; for the Navy, $73,000,000; for the Marine Corps, $3,500,000; for the Air Force, $400,000.</content></appropriations> </section> <num value="II">TITLE II—</num><heading class="inline">RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content> <p class="firstIndent1 fontsize10">Funds are hereby authorized to be appropriated during the fiscal year 1977 for the use of the Armed Forces of the United States for research, development, test, and evaluation in amounts as follows:</p> <p class="firstIndent1 fontsize10">For the Army, $2,281,491,000, except that none of the funds authorized by this Act may be used to initiate Phase 2 engineering development on the 30 millimeter gun for the Advance Attack Helicopter until (1) the Secretary of the Army has selected the ammunition for such gun and notified the Committees on Armed Services of the Senate and the House of Representatives of such selection, and (2) 30 days have expired following the day on which such committees received such notification.</p> <p class="firstIndent1 fontsize10">For the Navy (including the Marine Corps), $3,708,101,000; of which not to exceed $2,000,000 shall be available for the completion by June 30, 1977, of the advanced development phase of the Sparrow AIM–7F monopulse missile; and of which $15,000,000 shall be available for the engineering development phase of the AIM–7F monopulse missile, but only if (1) the missile flight test and evaluation results fully demonstrate the ability of such missile to perform in accordance with the specifications and requirements for the AIM–7F monopulse missile, and (2) not less than $5,000,000 has been appropriated for the development of a new adverse weather medium range air-to-air missile and the Secretary of the Navy and Secretary of the Air Force have commenced development of such missile.</p> <p class="firstIndent1 fontsize10">For the Air Force, $3,749,530,000; and</p> <p class="firstIndent1 fontsize10">For the Defense Agencies, $687,880,000, of which $30,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense.</p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>For the Director of Defense Research and Engineering, $49,000,000 to be used only for research, development, test, and evaluation of the Trident missile system, including the continued design of the thrust termination system and the development of a backup propellent for such system.</content> </section> <num value="III">TITLE III—</num><heading class="inline">ACTIVE FORCES</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau>For the fiscal year beginning October 1, 1976, the components of the Armed Forces are authorized end strengths for active duty personnel as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Army, 789,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Navy, 540,600;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Marine Corps, 192,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The Air Force, 571,000.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote><content class="inline">Paragraph (3) of section 138(e) of title 10, United States Code, is amended by adding at the end thereof a new sentence as follows: “<quotedText>Such report shall also identify’, define, and group by mission <page identifier="/us/stat/90/925">90 STAT. 925</page>and by region the types of military bases, installations, and facilities and shall provide an explanation and justification of the relationship between this base structure and the proposed military force structure together with a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce such costs.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec</inline>. 303. </num><subsection class="inline"><num value="a">(a) </num><content>Clause (3) of section 1009(b) of title 37, United States Code, is amended by inserting “<quotedText>subject to subsection (c),</quotedText>” after “<quotedText>(3)</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Section 1009 of such title is further amended by adding at the thereof the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>Whenever the President determines such action to be in the <sidenote><p class="indent0 firstIndent0 fontsize8">Compensation adjustments, allocation.</p></sidenote>best interest of the Government, he is authorized to allocate the overall average percentage of any increase described in subsection (b) (3) among the elements of compensation specified in subsection (a) on a percentage, basis other than an equal percentage basis; however, the amount allocated to the element, of monthly basic pay may not be less than 75 per centum of the amount that would have been allocated to I he element of basic pay under subsection (b)(3).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>Under regulations prescribed by the President, whenever the President exercises his authority under subsection (c) to allocate the elements of compensation specified in subsection (a) on a percentage basis other than an equal percentage basis, he may pay to each member without dependents who, under section 403 (b) or (c), is not entitled to receive a basic allowance for quarters, an amount equal to the difference between (1) the amount of such increase under subsection (c) in the amount of the basic allowance for quarters which, but for section 403 (b) or (c), such member would be entitled to receive, and (2) the amount by which such basic allowance for quarters would have been increased under subsection (b) (3) if the President had not exercised such authority,</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>Whenever the President plans to exercise his authority under <sidenote><p class="indent0 firstIndent0 fontsize8">Advice to Congress.</p></sidenote>subsection (c) with respect to any anticipated increase in the compensation of members of the uniformed services, he shall advise the Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase among the different elements of compensation.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num> <content>The allocations of increases made under this section among the <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>three elements of compensation shall be, assessed in conjunction with the quadrennial review of military compensation required by section 1008(b), and a full report shall be made to the Congress summarizing the objectives and results of those allocations.”.</content></subsection> </quotedContent></content></subsection> </section> <section class="firstIndent1 fontsize10"><num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><subsection class="inline"><num value="a">(a) </num><content>Subsection (a) of section 501 of title 37, United States <sidenote><p class="indent0 firstIndent0 fontsize8">Leave.</p></sidenote>Code, is amended by (1) striking out “In subsections (b)–(f) of this section— <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>‘discharge’ means—”</content></paragraph> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof “<quotedText>In this section, ‘discharge’ means—</quotedText>”; (2) redesignating subclauses (A), (B), and (C) of clause (1) as clauses (1), (2), and (3), respectively; and (8) striking out the semicolon at the end of clause (3), as redesignated, and inserting in lieu thereof a period.</p> </content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Subsection (a) of such section is further amended by striking out clauses (2), (3), and (4).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Subsection (b) of such section is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>A member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration, who has accrued leave to his credit at the time of his discharge, is entitled to be paid in cash or by a check on the Treasurer of the United States for such leave on the basis of the basic pay to which he was entitled on the date of discharge.</content></paragraph> <page identifier="/us/stat/90/926">90 STAT. 926</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Payment may not be made under this subsection to a member who is discharged for the purpose of accepting an appointment or a warrant, or entering into an enlistment, in any uniformed service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Payment may not be made to a member for any leave he elects to have carried over to a new enlistment in any uniformed service on the day after the date of his discharge; but payment may be made to a member for any leave he elects not to carry over to a new enlistment. However, the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was previously made under this section after the first day of the second calendar month following the month in which the Department of <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 923.</p></sidenote>Defense Appropriation Authorization Act, 1977, was enacted.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>A member to whom a payment may not be made under this subsection, or a member who reverts from officer to enlisted status, carries the accrued leave standing to his credit from the one status to the other within any uniformed service.”.</content> </paragraph></subsection> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>The last sentence of subsection (d) of such section is amended to read as follows: “<quotedText>However, the number of days upon which payment is based is subject to subsection (f).</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Subsection (e) of such section is amended by striking out “<quotedText>Environmental Science Services Administration</quotedText>” and inserting in lieu thereof “<quotedText>National Oceanic and Atmospheric Administration</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <content>Subsection (f) is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num> <content>The number of days upon which payment under subsection (b), (d), or (g) is based may not exceed sixty, less the number of days for which payment has been previously made under such subsections after the first day of the second calendar month following the month in which the Department of Defense Appropriation Authorization Act, 1977, was enacted. For the purposes of this subsection, the number of days upon which payment may tie based shall be determined without regard to any break in service or change in status in the uniformed services.”.</content> </subsection> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="g">(g) </num> <content>The second sentence of subsection (g) is amended to read as follows: “<quotedText>However, the number of days upon which the lump-sum payment is based is subject to subsection (f).</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t37/s501">37 USC 501 note</ref>.</p></sidenote><content class="inline">Notwithstanding the provisions of section 501(b) (1) of title 37, United States Code, as amended by subsection (c), and subject to the limitations prescribed in section 501(b)(3) of such title, as amended by subsection (c), any leave accrued by any member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration prior to the first day of the second calendar month following the month in which this section is enacted shall, at the option of such member, be paid for on the same basis such leave would have been paid for under the provisions of section 501 (b) of title 37, United States Code, on the day prior to the first day of the second calendar month following the month in which this section is enacted.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t37/s302">37 USC 302 note</ref>.</p></sidenote><content class="inline">The second sentence of section 2 of Public Law 93–274 (88 Stat. 94) is amended by striking out that portion preceding “<quotedText>authority for</quotedText>” and inserting in lieu thereof “<quotedText>The</quotedText>”.</content> </section> <num value="IV">TITLE IV—</num><heading class="inline">RESERVE FORCES</heading> <section class="firstIndent1 fontsize10"><num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><subsection class="inline"><num value="a">(a) </num><chapeau>For the fiscal year beginning October 1, 1976, the Selected Reserves of the Reserve components of the Armed Forces shall be programed to attain average strengths of not less than the following:</chapeau> <page identifier="/us/stat/90/927">90 STAT. 927</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Army National Guard of the United States, 390,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Army Reserve, 212,400;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Naval Reserve, 96,500;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The Marine Corps Reserve, 33,500;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The Air National Guard of the United States, 93,300;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The Air Force Reserve, 52,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>The Coast Guard Reserve, 11,700.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The average strength prescribed by subsection (a) of this section <sidenote><p class="indent0 firstIndent0 fontsize8">Reduction in strength.</p></sidenote>for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during such fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during such fiscal year. Whenever such units or such individual members are released from active duty dining any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.</content></subsection> </section> <num value="V">TITLE V—</num><heading class="inline">CIVILIAN PERSONNEL</heading> <section class="firstIndent1 fontsize10"><num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><subsection class="inline"><num value="a">(a) </num><content>For the fiscal year beginning October 1, 1976, the Department of Defense is authorized an end strength for civilian personnel of 1,031,000.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The end strength for civilian personnel prescribed in subsection (a) of this section shall be apportioned among the Department of the Army, the Department of the Navy, including the Marine Corps, the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>shall report to the Congress within 60 days after the date of enactment of this Act on the manner in which the allocation of civilian personnel is made, among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale for each allocation.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>In computing the authorized end strength for civilian personnel, there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Whenever a function, power, duty, or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense or from another department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment.</content></subsection> <page identifier="/us/stat/90/928">90 STAT. 928</page> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>When the Secretary of Defense determines that such action is necessary in the, national interest, he may authorize the, employment of civilian personnel in excess of the number authorized by subsection (a) of this section but such additional number may not exceed one-half of 1 per centum of the total number of civilian personnel authorized <sidenote><p class="indent0 firstIndent0 fontsize8">Notice to Congress.</p></sidenote>for the Department of Defense by subsection (a) of this section. The Secretary of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under the authority of this subsection.</content></subsection> </section> <num value="VI">TITLE VI—</num><heading class="inline">MILITARY TRAINING STUDENT LOADS</heading> <section class="firstIndent1 fontsize10"><num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><subsection class="inline"><num value="a">(a) </num><chapeau>For the fiscal year beginning October 1, 1976, the components of the Armed Forces are authorized average military training student loads as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The, Army, 81,429;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Navy, 66,914;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Marine Corps, 25,501;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The Air Force, 49,610;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The Army National Guard of the United States, 12,804;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The Army Reserve, 7,023;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>The Naval Reserve, 1,257;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The Marine Corps Reserve, 3,562;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num><content>The Air National Guard of the United States, 2,232; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"><num value="10">(10) </num><content>The Air Force Reserve, 1,107.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The average military training student loads for the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components authorized by subsection (a) for the fiscal year beginning October 1, 1976, shall be adjusted consistent with the manpower strengths authorized by titles III, IV, and V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components in such manner as the Secretary of Defense shall prescribe.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <content>Chapter 901 of title 10, United States Code, is amended by adding at the end thereof the following new section and inserting a corresponding item in the analysis of such chapter: <quotedContent> <section> <num value="9315">“§ 9315. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s9315">10 USC 9315</ref>.</p></sidenote><heading>Community College of the Air Force: associate degrees</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num> <chapeau>There is in the Air Force a Community College of the Air Force. Such college, in cooperation with civilian colleges and universities, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>prescribe programs of higher education for enlisted members of the armed forces designed to improve the technical, managerial, and related skills of such members and to prepare such members for military jobs which require the utilization of such skills; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>monitor on a continuing basis the progress of members pursuing such programs.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>Subject to subsection (c), the commander of the Air Training Command of the Air Force may confer an academic degree at the level of associate upon any enlisted member who has completed the program prescribed by the Community College of the Air Force.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>No degree may be conferred upon any enlisted member under this section unless (1) the Community College of the Air Force certifies to the commander of the Air Force Training Command that such member has satisfied all the requirements prescribed for such degree, and (2) the Commissioner of Education of the Department of Health, <page identifier="/us/stat/90/929">90 STAT. 929</page>Education, and Welfare determines that the standards for the award of academic degrees in agencies of the United States have been met.”.</content></subsection> </section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"><num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><subsection class="inline"><num value="a">(a) </num><content>It is the policy of the United States that the United <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s1126/1">46 USC 1126–1</ref>.</p></sidenote>States Navy and the Merchant Marine of the United States work closely together to promote the maximum integration of the total sea-power forces of the Nation. In furtherance of this policy, it is necessary and desirable that special steps be taken to assure that Naval Reserve Officer Training Corps programs (for training future naval officers) be maintained at Federal and State merchant marine academies.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>It is the sense of the Congress that the Secretary of the Navy should work with the Assistant Secretary of Commerce for Maritime Affairs and the administrators of the several merchant marine academies to assure that the training available at these academies is consistent with Navy standards and needs.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content>The Act of November 24, 1951, Public Law 92–172 (85 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t37/s209">37 USC 209 note</ref>.</p></sidenote>Stat. 491), is amended by striking out “<quotedText>1976</quotedText>” and inserting in lieu thereof “<quotedText>1977</quotedText>”.</content> </section> <num value="VII">TITLE VII—</num><heading class="inline">SUPPLEMENTAL AUTHORIZATION OF FUNDS FOR THE NAVY FOR FISCAL YEAR 1976</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <content>In addition to the funds authorized to be appropriated by the Department of Defense Appropriation Authorization Act, 1976, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/531">89 Stat. 531</ref>.</p></sidenote>there is authorized to be appropriated to the Navy during the fiscal year 1976 for research, development, test, and evaluation, $8,000,000.</content> </section> <num value="VIII">TITLE VIII—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="801"><inline class="smallCaps">Sec</inline>. 801. </num><subsection class="inline"><num value="a">(a) </num><content>The second sentence of section 1401a(b) of title 10, United States Code, is amended by striking out “<quotedText>the per centum obtained by adding 1 per centum and</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The second sentence of paragraph (2) of section 291(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 note) is amended by striking out “<quotedText>1 per centum plus</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><paragraph class="inline"><num value="1">(1) </num><content>The amendments made by subsections (a) and (b) shall not <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s1401a">10 USC 1401a note</ref>.</p></sidenote>become effective unless legislation is enacted repealing the so-called 1 per centum add-on provision applicable to the cost-of-living adjustment of annuities paid under chapter 83 of title 5, United States Code. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8301/etseq">5 USC 8301 <i>et seq</i></ref>.</p></sidenote>In the event such legislation is enacted, such amendments shall become effective with respect to the cost-of-living adjustment of the retired pay and retainer pay of members and former members of the Armed Forces and the cost-of-living adjustment of annuities paid under the Central Intelligence Agency Act of 1964 for Certain Employees at the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s403">50 USC 403 note</ref>.</p></sidenote>same time the repeal of such 1 per centum add-on provision becomes effective with respect to such cost-of-living adjustment of annuities paid under such chapter 83.</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">(2) </num><content>If any change other than the repeal of the so-called 1 per centum add-on provision referred to in paragraph (J) is made in the method of computing the cost-of-living adjustment of annuities paid under chapter 83 of title 5, United States Code, the President shall make the same change in the cost-of-living adjustment of retired pay and retainer pay of members and former members of the Armed Forces and the cost-of-living adjustment of annuities paid under the Central Intelligence Agency Act of 1964 for Certain Employees. Any change made under this paragraph shall have the same effective date as tire <page identifier="/us/stat/90/930">90 STAT. 930</page>effective date applicable to such change made in annuities under <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8301/etseq">5 USC 8301 <i>et seq</i></ref>.</p></sidenote>chapter 83 of title 5, United States Code.</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="3">(3) </num><content>The provisions of paragraphs (1) and (2) relating to any change in the method of computing the cost-of-living adjustment, of the retired pay or retainer pay of members and former members of the Armed Forces shall be applicable to the computation of cost-of-living adjustments of the retired pay of commissioned officers of the National Oceanic and Atmospheric Administration and the retired pay of commissioned officers of the Public Health Service.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <content>Section 814(a) of the Department of Defense Appropriation <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/540">89 Stat. 540</ref>.</p></sidenote>Authorization Act, 1976 (89 Stat. 544), is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><paragraph class="inline"><num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Standardized or interoperable equipment.</p></sidenote><content class="inline">It is the policy of the United States that, equipment procured for the use of personnel of the Armed Forces of the United States stationed in Europe under the terms of the North Atlantic Treaty should be standardized or at least interoperable with equipment of other members of the North Atlantic Treaty Organization. In carrying out such policy the Secretary of Defense shall, to the maximum feasible extent, initiate and carry out procurement procedures that provide for tire acquisition of equipment which is standardized or interoperable with equipment of other members of the North Atlantic Treaty Organization whenever such equipment is to be used by personnel of the Armed Forces of the United States stationed in Europe under tire terms of the North Atlantic Treaty. Such procedures shall also take into consideration the cost, functions, quality, and availability <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/89/531">89 Stat. 531</ref>.</p></sidenote>of the equipment to be procured. In any case in which equipment authorized to be procured under title I of this Act is utilized for the purpose of carrying out the foregoing policy, the Secretary of Defense shall report, to Congress the full details of the nature and substance of any and all agreements entered into by the United States with any oilier member or members of the North Atlantic Treaty Organization providing for the acquisition of equipment manufactured outside the United States in exchange for, or as a part of, any other agreement by such member or members to acquire equipment manufactured in the United States. Such report shall be made by the Secretary within 30 days of the date of enactment of this Act.</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num> <content>Whenever the Secretary of Defense determines that it is necessary, in order to carry out the policy expressed in paragraph (1) of this subsection, to procure equipment manufactured outside the United States, he is authorized to determine, for the purposes of section 2 of title III of the Act of March 3, 1933 (47 Stat, 1520; 41 U.S.C. 10a), that the acquisition of such equipment manufactured in the United States is inconsistent with the public interest.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote><content class="inline">In any case in which the Secretary of Defense initiates procurement action on a new major system which is not standard or interoperable with equipment of other members of the North Atlantic Treaty Organization, he shall report, that fact to the Congress in the annual report required under section 302(c) of Public Law 93–365, as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/88/402">88 Stat. 402</ref>.</p></sidenote>amended, including a description of the system to be procured and the reasons for that choice.”.</content></paragraph></subsection> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"><num value="803"><inline class="smallCaps">Sec</inline>. 803. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">NATO members, standardized or interoperable weapons and equipment</p></sidenote><content class="inline">It is the, sense of Congress that weapons systems being developed wholly or primarily for employment in the North Atlantic Treaty Organization theater shall conform to a common North Atlantic Treaty Organization requirement in order to proceed toward joint doctrine and planning and to facilitate maximum feasible standardization and interoperability of equipment. A common North <page identifier="/us/stat/90/931">90 STAT. 931</page>Atlantic Treaty Organizer ion requirement shall be understood to include a common definition of the military threat to the North Atlantic Treaty Organization countries. The Secretary of Defense shall, in the reports required by section 302(c) of Public Law 93–365, as amended, identify those programs in research and development <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/88/402">88 Stat. 402</ref>.</p></sidenote>for United States forces in Europe and the common North Atlantic Treaty Organization requirements which such programs support. If the absence of such common requirement, the Secretary shall include a discussion of the actions taken within the North Atlantic Alliance in pursuit of a common requirement. The Secretary of Defense shall also report on efforts to establish a regular procedure and mechanism within the North Atlantic Treaty Organization for determining common military requirements.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>It is the sense of the Congress that progress toward the realization of the objectives of standardization and interoperability would be enhanced by expanded inter-Allied procurement of arms and equipment within the North Atlantic Treaty Organization. It is further the sense of the Congress that expanded inter-Allied procurement would be facilitated by greater reliance on licensing and coproduction agreements among the signatories of the North Atlantic Treaty. It is the Congress’ considered judgment that such agreements, if properly constructed so as to preserve the efficiencies associated with economies of scale, could not only minimize potential economic hardship to parties to such agreements but also increase the survivability, in time of war, of the Alliance’s armaments production base by dispersing manufacturing facilities. Accordingly, the Secretary of Defense, in conjunction with appropriate representatives of other members of the Alliance, shall attempt to the maximum extent feasible (1) to identify areas for such cooperative arrangements and (2) to negotiate such agreements pursuant to these ends. The Secretary of Defense, shall include in the report to the Congress required by section 302(c) of Public Law 93–365, as amended, a discussion of the specific assessments made under the above provisions and the results achieved with the North Atlantic Treaty Organization allies,</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>It is the sense of the Congress that standardization of weapons and equipment within the North Atlantic Alliance on the basis of a “two-way street” concept of cooperation in defense procurement between Europe and North America could only work in a realistic sense if the European nations operated on a united and collective basis. Accordingly, the Congress encourages the governments of Europe to accelerate their present efforts to achieve European armaments collaboration among all European members of the Alliance.</content></subsection> </section> <section class="firstIndent1 fontsize10"><num value="804"><inline class="smallCaps">Sec</inline>. 804. </num><subsection class="inline"><num value="a">(a) </num><content>Section 2 of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251) is amended by inserting after the third sentence thereof a new sentence as follows: “<quotedText>The Congress recognizes that the organizational structure established jointly by the Federal Government and the several States and their political subdivisions for civil defense purposes can be effectively utilized, without adversely affecting the basic civil defense objectives of this Act, to provide relief and assistance to people in areas of the United States struck by disasters other than disasters caused by enemy attack,</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Section 408 of such Act (50 U.S.C. App. 2260) is amended by striking out the first sentence and inserting in lieu thereof the following: “<quotedText>There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act in the fiscal year ending September 30, 1977. No funds may be appropriated for any fiscal <page identifier="/us/stat/90/932">90 STAT. 932</page>year beginning after September 30, 1977, for carrying out the purpose of this Act, unless such funds have been authorized for such purpose by legislation enacted after the date of enactment of the Department of Defense Appropriations Authorization Act, 1977.</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <chapeau>Section 201 of such Act (50 U.S.C. App. 2281) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out in subsection (e) “<quotedText><proviso><i>Provided further</i>, That the authority to pay travel and per diem expenses of students as authorized by this subsection shall terminate on June 30, 1976.</proviso></quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out in the fourth proviso of subsection (h) “<quotedText>until June 30, 1976,</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Subsection (h) of section 205 of such Act (50 U.S.C. App. 2286(h)) is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="h">“(h) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Emergency assistance.</p></sidenote><content class="inline">Funds made available to the States under this Act may be used, to the extent and under such terms and conditions as shall be prescribed by the Administrator, for providing emergency assistance, including civil defense personnel, organizational equipment, materials, and facilities, in any area of the United States which suffers a disaster other than a disaster caused by an enemy attack.”.</content></subsection> </quotedContent></content></subsection> </section> <section class="firstIndent1 fontsize10"><num value="805"><inline class="smallCaps">Sec</inline>. 805. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Technical data and computer software packages, procurement.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s2306">10 USC 2306 note</ref>.</p></sidenote><content class="inline">During the period beginning on October 1, 1976, and ending on September 30, 1978, each contract entered into by a military department for development or procurement of a major system shall, except as provided in subsection (b), include a deferred ordering clause giving the procuring authority for such system the option to purchase from the contractor involved technical data and computer software packages relating to such system. Such clause shall require such packages to be in sufficient detail to enable such procuring authority to reprocure such system, or a subsystem of such system, from a contractor other than the contractor involved in such contract.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Report to congressional committees.</p></sidenote><content class="inline">Any procuring authority to whom subsection (a) applies may exempt a particular contract for development or procurement of a major system from the requirements of such subsection, but, prior to the time any such contract without the deferred ordering clause required by such subsection is entered into, the procuring authority concerned shall report his intent to enter into such contract to the Committees on Armed Services and Appropriations of the Senate and House of Representatives with a detailed explanation for such exemption.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Definitions.</p></sidenote><chapeau class="inline">For the purposes of this section:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The term “major system” means a composite of equipment, skills, and techniques which is capable of performing, or supporting performance of, an operational role and which requires an investment in research, design, test, and evaluation of not less than $50,000,000 or a total production investment of not less than $200,000,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The term “deferred ordering” means delaying the ordering of an item related to a contract until a need for such item is established and the requirements for such item can be specifically identified for deb very under such contract.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The term “technical data” means, with respect to a major system, recorded data, regardless of form or characteristic, of a scientific or technical nature which is related to such system.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="806"><inline class="smallCaps">Sec</inline>. 806. </num> <content>The President shall include in the budget for fiscal year 1978 a request for funds sufficient to meet the total operation and maintenance costs of the Department of Defense for such year, including reasonably foreseeable increases in both the private and public sectors in the cost, of labor, material, and other goods and services.</content> </section> <page identifier="/us/stat/90/933">90 STAT. 933</page> <section class="firstIndent1 fontsize10"> <num value="807"><inline class="smallCaps">Sec</inline>. 807. </num> <content>Section 2031(a) of title 10, United States Code, is amended by striking out “<quotedText>1,200</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>1,600</quotedText>” and by striking out the period at the end and inserting in lieu thereof a comma and the following: “<quotedText>except that more than one such unit may be established and maintained at any military institute.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="808"><inline class="smallCaps">Sec</inline>. 808. </num> <content>It is the sense of the Congress that the Secretary of the <sidenote><p class="indent0 firstIndent0 fontsize8">Naval Reserve Training Centers or Facilities.</p></sidenote>Navy shall not take action with respect to closing, disestablishing, or terminating any Naval Reserve Training Center or facility which was in active use on March 1, 1976, until legislation providing funds for the Selected Reserve of the Naval Reserve for fiscal year 1977 has been enacted into law.</content> </section> <section class="firstIndent1 fontsize10"> <num value="809"><inline class="smallCaps">Sec</inline>. 809. </num> <content>The Secretary of Defense shall conduct a study to determine <sidenote><p class="indent0 firstIndent0 fontsize8">Civilian faculty, utilization, study.</p></sidenote>whether greater utilization of civilian faculty may be desirable at the service academies and intermediate and senior war colleges. Such study shall identify those subjects in the curriculums of such academies and colleges which are classified as being in the general academic area. The results of such study shall be submitted to the <sidenote><p class="indent0 firstIndent0 fontsize8">Submittal to congressional committees.</p><p class="indent0 firstIndent0 fontsize8">Oceanographer of the Navy.</p></sidenote>Committees on Armed Services of the Senate and House of Representatives not later than February 28, 1977.</content> </section> <section class="firstIndent1 fontsize10"> <num value="810"><inline class="smallCaps">Sec</inline>. 810. </num> <content>Notwithstanding any other provision of law, the Secretary of the Navy is authorized to assign Rear Admiral J. Edward Snyder, Jr. (retired), to a command status as the Oceanographer of the Navy for a period not to exceed three years from the date of enactment of this Act.</content> </section> <section class="firstIndent1 fontsize10"><num value="811"><inline class="smallCaps">Sec</inline>. 811. </num><subsection class="inline"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Congress hereby finds and declares that—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s176">10 USC 176 note</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>the Armed Forces Institute of Pathology offers unique pathologic support to national and international medicine;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>the Institute contains the Nation’s most comprehensive collection of pathologic specimens for study and a staff of prestigious pathologists engaged in consultation, education, and research;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="C">(C) </num><content>the activities of the Institute are of unique and vital importance in support of the health care of the Armed Forces of the United States;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="D">(D) </num><content>the activities of the Institute are also of unique and vital importance in support of the civilian health care system of the United States;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="E">(E) </num><content>the Institute provides an important focus for the exchange of information between civilian and military medicine, to the benefit of both; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="F">(F) </num><content>it is important to the health of the American people and of the members of the Armed Forces of the United States that the Institute continue its activities in serving both the military and civilian sectors in education, consultation, and research in the medical, dental, and veterinary sciences.</content></subparagraph></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">(2) </num><content>The Congress further finds and declares that beneficial cooperative efforts between private individuals, professional societies, and other entities on the one hand and the Armed Forces Institute of Pathology on the other can be carried out most effectively through the establishment of a private corporation.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Chapter 7 of title 10, United States Code, is amended by adding at the end thereof the following new sections: <quotedContent> <section> <num value="176">“§ 176. </num><heading>Armed Forces Institute of Pathology</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s176">10 USC 176</ref>.</p><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><paragraph class="inline"><num value="1">(1) </num><content>There is in the Department of Defense an Institute to be known as the Armed Forces Institute of Pathology (hereinafter in <page identifier="/us/stat/90/934">90 STAT. 934</page>this section referred to as the ‘Institute’), which has the responsibilities, functions, authority, and relationships set forth in this section. The Institute shall be a joint entity of the three military departments, subject to the authority, direction, and control of the Secretary of Defense.</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Membership.</p></sidenote><content class="inline">The Institute shall consist of a Board of Governors, a Director, two Deputy Directors, and a staff of such professional, technical, and clerical personnel as may be required.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Board of Governors shall consist of the Assistant Secretary of Defense for Health Affairs, who shall serve as chairman of the Board of Governors, the Assistant Secretary of Health, Education, and Welfare for Health, the Surgeons General of the Army, Navy’, and Air Force, the Chief Medical Director of the Veterans’ Administration, and a former Director of the Institute, as designated by the Secretary<sup>7</sup> of Defense, or the designee of any of the foregoing.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Director and the Deputy Directors shall be appointed by the Secretary of Defense.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contract authority.</p></sidenote><chapeau class="inline">In carrying out the provisions of this section, the Institute is authorized to—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">“(A) </num><content>contract with the American Registry of Pathology’ (established under section 177) for cooperative enterprises in medical research, consultation, and education between the Institute and the civilian medical profession under such conditions as may be agreed upon between the Board of Governors and the American Registry of Pathology;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">“(B) </num><content>make available at no cost, to the American Registry of Pathology such space, facilities, equipment, and support services within the Institute as the Board of Governors deems necessary for the accomplishment of their mutual cooperative enterprises; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="C">“(C) </num><content>contract with the American Registry of Pathology for the services of such professional, technical, or clerical personnel as are necessary to fulfill their cooperative enterprises.</content></subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No contract may be entered into under paragraph (1) which obligates the Institute to make outlays in advance of the enactment of budget authority for such outlays.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>The Director is authorized, with the approval of the Board of Governors, to enter into agreements with the American Registry of Pathology for the services at any time of not more than six distinguished pathologists or scientists of demonstrated ability and experience for the purpose of enhancing the activities of the Institute in education, consultation, and research. Such pathologists or scientists may be appointed by the Director to administrative positions within the components or subcomponents of the Institute and may be authorized by the Director to exercise any or all professional duties within the Institute, notwithstanding any other provision of law.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote><content class="inline">The Secretary of Defense shall promulgate such regulations as may be necessary to prescribe the organization, functions, and responsibilities of the Institute.</content></subsection></section> <section> <num value="177">“§ 177. </num><heading>American Registry of Pathology</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><paragraph class="inline"><num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s177">10 USC 177</ref>.</p><p class="indent0 firstIndent0 fontsize8">Establishment authorization.</p></sidenote><content class="inline">There is authorized to be established a nonprofit corporation to be known as the American Registry of Pathology which shall not for any purpose be an agency or establishment of the United States Government, The American Registry of Pathology shall be subject to the provisions of this section and, to the extent not inconsistent with <page identifier="/us/stat/90/935">90 STAT. 935</page>this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–1001 et seq.).</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The American Registry of Pathology’ shall have a Board of <sidenote><p class="indent0 firstIndent0 fontsize8">Board of Members.</p></sidenote>Members (hereinafter in this section referred to as the ‘Board’) consisting of not less than eleven individuals who are representatives of those professional societies and organizations which sponsor individual registries of pathology at the Armed Fences Institute of Pathology, of whom one shall be elected annually by the Board to serve as chairman. Each such sponsor shall appoint one member to the Board for a term of four years.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The American Registry of Pathology shall have a Director, who shall be appointed by the Board with the concurrence of the Director of the Armed Forces Institute of Pathology, and such other officers as may be named and appointed by the Board. Such officers shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish under the District of Columbia Nonprofit Corporation Act the corporation authorized by paragraph (1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The term of office of each member of the Board shall be four <sidenote><p class="indent0 firstIndent0 fontsize8">Term.</p></sidenote>years, except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, (B) the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment and to the maximum extent practicable, one fourth at the end of one year, one fourth at the end of two years, one fourth at the end of three years, and one fourth at the end of four years, and (C) a member whose term has expired may serve until his successor has qualified. No member shall be eligible to serve more than two consecutive terms of four years each.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Any vacancy in the Board shall not affect its powers, but such vacancy shall be filled in the manner in which the original appointment was made.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>In order to carry out the purposes of this section, the American <sidenote><p class="indent0 firstIndent0 fontsize8">Functions.</p></sidenote>Registry of Pathology is authorized to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>enter into contracts with the Armed Forces Institute of Pathology for the provision of such services and personnel as may be necessary to carry out their cooperative enterprises;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>enter into contracts with public and private organizations for the writing, editing, printing, and publishing of fascicles of tumor pathology, atlases, and other material;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>accept gifts and grants from and enter into contracts with individuals, private foundations, professional societies, institutions, and governmental agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>enter into agreements with professional societies for the establishment and maintenance of Registries of Pathology; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>serve as a focus for the interchange between military and civilian pathology and encourage the participation of medical, dental, and veterinary sciences in pathology for the mutual benefit, of military and civilian medicine.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <chapeau>In the performance of the functions set forth in subsection (b), the American Registry of Pathology is authorized to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>enter into such other contracts, leases, cooperative agreements, or other transactions as the Board deems appropriate to <page identifier="/us/stat/90/936">90 STAT. 936</page>conduct the activities of the American Registry of Pathology; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>charge such fees for professional services as the Board deems reasonable and appropriate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>The American Registry of Pathology may transmit to the Director and the Board of Governors of the Armed Forces Institute of Pathology and to the sponsors referred to in subsection (a) (2) annually, and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments.”.</content> </subsection></section> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>The table of sections at the beginning of chapter 7 of title 10, United States Code, is amended by adding at the end thereof the following: <quotedContent> <toc> <referenceItem role="section"><designator>“178.</designator> <label>Armed Forces Institute of Pathology.</label></referenceItem> <referenceItem role="section"><designator>“177.</designator> <label>American Registry of Pathology.”.</label></referenceItem> </toc> </quotedContent></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="812"><inline class="smallCaps">Sec</inline>. 812. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Short title.</p></sidenote><content class="inline">This Act may be cited as the “<shortTitle role="act">Department of Defense Appropriation Authorization Act, 1977</shortTitle>”.</content></section> Approved July 14, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–967 (Comm. on Armed Services) and No. 94–1305 (Comm. of Conference). SENATE REPORTS: No. 94–878 (Comm. on Armed Services) and No. 94–1004 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 8, 9, considered and passed House.

May 20, 24–26, considered and passed Senate, amended.

June 30, House agreed to conference report.

July 1, Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 29:

July 14, Presidential statement.

 Public Law 94–362: Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending September 30, 1977, and for other purposes. Public Law 362 Public Law 94–362 90 Stat. 937 1976-07-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 937 Public Law 94–362 94th Congress
An Act Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending September 30, 1977, and for other purposes.

July 14, 1976

[H.R. 14239]

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

Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1977.

Department of State Appropriation Act, 1977.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending September 30, 1977, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF STATE</heading> <appropriations level="intermediate"><heading>Administration of Foreign Affairs</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Department of State, not otherwise provided for, including expenses authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158), and allowances as authorized by 5 U.S.C. 5921–5925; expenses of binational arbitrations arising under international air transport agreements; expenses necessary to meet the responsibilities and obligations of the United States in Germany (including those arising under the supreme authority assumed by the United States on June 5, 1945, and under contractual arrangements with the Federal Republic of Germany); hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; expenses authorized by section 2 of the Act of August 1, 1956 (22 U.S.C. 2669), as amended; refund of fees erroneously charged and paid for passports; radio communications; payment in advance for subscriptions to commercial information, telephone and similar services abroad; care and transportation of prisoners and persons declared insane; expenses as authorized by law (18 U.S.C. 3192), of bringing to the United States from foreign countries persons charged with crime; expenses necessary to provide maximum physical security in Government-owned and leased properties abroad; and procurement by contract or otherwise, of services, supplies, and facilities, as follows: (1) translating, (2) analysis and tabulation of technical information, and (3) preparation of special maps, globes, and geographic aids; administrative and other expenses authorized by section 637(b) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2397(b)), and by section 305 of the Mutual Defense Assistance Control Act of 1951, as amended (22 U.S.C. 1613(d)); $539,800,000: <proviso><i>Provided</i>, That passenger motor vehicles in <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1613d">22 USC 1613d</ref>.</p></sidenote>possession of the Foreign Service abroad may be replaced in accordance with section 7 of the Act of August 1, 1956 (22 U.S.C. 2674), and the cost, including exchange allowance, of each such replacement, shall not exceed $6,500 in the case of the chief of mission automobile at each diplomatic mission (except that four such vehicles may be purchased at not to exceed $9,000 each) and such amounts as may be otherwise <page identifier="/us/stat/90/938">90 STAT. 938</page>provided by law for all other such vehicles, except that light hand drive vehicles may be purchased without regard to any maximum price limitation otherwise established by law:</proviso> <proviso><i>Provided further</i>, That in addition, this appropriation shall be available for the purchase (not to exceed thirty-three), replacement, rehabilitation, and modification of passenger motor vehicles for protective purposes without regard to any maximum price limitations otherwise established by law.</proviso></content></appropriations> <appropriations level="small"><heading>representation allowances</heading> <content>For representation allowances as authorized by section 901 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1131), $2,000,000.</content></appropriations> <appropriations level="small"><heading>acquisition, operation, and maintenance of buildings abroad</heading> <content>For necessary expenses of carrying into effect the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 292–300), including personal services in the United States and abroad; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); allowances as authorized by 5 U.S.C. 5921–5925; and services as authorized by 5 U.S.C. 3109; $67,200.004), to remain available until expended: <proviso><i>Provided</i>, That not to exceed $2,150,000 may be used for administrative, expenses during the current fiscal year.</proviso></content></appropriations> <appropriations level="small"><heading>acquisition, operation, and maintenance of buildings abroad (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for the purposes authorized by section 4 of the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 295), to be credited to and expended under the appropriation account for “Acquisition, operation, and maintenance of buildings abroad”, to remain available until expended, $5,535,000.</content></appropriations> <appropriations level="small"><heading>emergencies in the diplomatic and consular service</heading> <content>For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, to be expended pursuant to the requirement of section 291 of the Revised Statutes (31 U.S.C. 107), $2,100,000.</content></appropriations> <appropriations level="small"><heading>payment to the foreign service retirement and disability fund</heading> <content>For payment to the Foreign Service Retirement and Disability Fund, as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 1105–1106), $8,055,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>International Organizations and Conferences</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s269a/269b/269f/269g/1/269h/272a/273276/279a/280b/280i/280k/287e/287r/290b/1928/1928b/2673">22 USC 269a, 269b, 269f, 269g–1, 269h, 272a, 273–276, 279a, 280b, 280i, 280k, 287e, 287r, 290b, 1928, 1928b, 2673, notes</ref>.</p></sidenote> <appropriations level="small"><heading>contributions to international organizations</heading> <content>For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties, conventions, or specific Acts of Congress, $277,545,453.</content></appropriations> <page identifier="/us/stat/90/939">90 STAT. 939</page> <appropriations level="small"><heading>contributions for international peacekeeping activities</heading> <content>For payments, not otherwise provided for, by the United States for expenses of United Nations peacekeeping forces in the Middle East, $40,000,000.</content></appropriations> <appropriations level="small"><heading>missions to international organizations</heading> <content>For expenses necessary for permanent representation to certain international organizations in which the United States participates pursuant to treaties, conventions, or specific Acts of Congress, including expenses authorized by the pertinent Acts and conventions provided for such representation; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); allowances, as authorized by 5 U.S.C. 5921–5925; and expenses authorized by section 2 (a) and (e) and section 17 of the Act of August 1, 1956, as amended (22 U.S.C. 2669); $9,350,000.</content></appropriations> <appropriations level="small"><heading>international conferences and contingencies</heading> <content>For necessary expenses of participation by the United States, upon approval by the Secretary of State, in international activities which arise from time to time in the conduct of foreign affairs and for which specific appropriations have not been provided pursuant to treaties, conventions, or special Acts of Congress, including personal services without regard to civil service and classification laws; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); allowances as authorized by 5 U.S.C. 5921–5925; hire of passenger motor vehicles; contributions for the share of the United States in expenses of international organizations; and expenses authorized by section 2(a) of the Act of August 1, 1956, as amended (22 U.S.C. 2669); $7,035,000, of which not to exceed a total of $145,000 may be expended for representation allowances as authorized by section 901 of the Act of August 13, 1946, as amended (22 U.S.C. 1131), and for official entertainment.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>international trade negotiations</heading> <content>For necessary expenses of participation by the United States in international trade negotiations, including not to exceed $15,000 for representation allowances, as authorized by section 901 of the Act of August 13, 1946, as amended (22 U.S.C. 1131), and for official entertainment, $3,500,000: <proviso><i>Provided</i>, That this appropriation shall be available in accordance with the authority provided in the current appropriation for “International conferences and contingencies”.</proviso></content></appropriations> <appropriations level="intermediate"><heading>International Commissions</heading> <appropriations level="small"><heading>international boundary and water commission, united states and mexico</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s277">22 USC 277 notes</ref>.</p></sidenote><chapeau class="inline">For expenses necessary to enable the United States to meet its obligations <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/26/1512">26 Stat. 1512</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/34/2953">34 Stat. 2953</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/48/1621">48 Stat. 1621</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/t59/s1219">59 Stat. 1219</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/ust/t15/s21">15 UST 21</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/ust/t21/s371">21 UST 371</ref>.</p></sidenote>under the treaties of 1889, 1906, 1933, 1944, 1963, and 1970 between the United States and Mexico, and to comply with the other laws applicable to the United States Section, International Boundary <page identifier="/us/stat/90/940">90 STAT. 940</page>and Water Commission, United States and Mexico, including operation and maintenance of the Rio Grande rectification, canalization, flood control, bank protection, water supply, power, irrigation, boundary demarcation, and sanitation projects; detailed plan preparation and construction (including surveys and operation and maintenance and protection during construction); Rio Grande emergency flood protection; expenditures for the purposes set forth in sections 101 through 104 of the Act of September 13, 1950 (22 U.S.C. 277d–1–277d–4); purchase of planographs and lithographs; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); and leasing of private property to remove therefrom sand, gravel, stone, and other materials, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); as follows:</chapeau> <appropriations level="small"><heading>salaries and expenses</heading> <content>For salaries and expenses not otherwise provided for, including examinations, preliminary surveys, and investigations, and operation and maintenance of projects or parts thereof, as enumerated above, including gaging stations, $5,800,000: <proviso><i>Provided</i>, That expenditures for the Rio Grande bank protection project shall be subject to the provisions and conditions contained in the appropriation for said project as provided by the Act approved April 25, 1945 (59 Stat. 89).</proviso></content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For detailed plan preparation and construction of projects authorized by the convention concluded February 1, 1933, between the United <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/48/1621">48 Stat. 1621</ref>.</p></sidenote>States and Mexico, the Acts approved August 19, 1935, as amended (22 U.S.C. 277–277f), August 29, 1935 (49 Stat. 961), June 4, 1936 (49 Stat. 1463), June 28, 1941 (22 U.S.C. 277f), September 13, 1950 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s277d/32">22 USC 277d–32</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s277d/34">22 USC 277d–34 note</ref>.</p><p><ref href="/us/stat/59/1219">59 STAT. 1219</ref>.</p></sidenote>(22 U.S.C. 277d–1–9), October 10, 1966 (80 Stat. 884), October 25, 1972 (86 Stat. 1161), and the project stipulated in the treaty between the United States and Mexico signed at Washington on February 3, 1944, to remain available until expended, $3,919,000: <proviso><i>Provided</i>, That no expenditures shall be made for the Lower Rio Grande flood control project for construction on any land, site, or easement in connection with this project except such as has been acquired by donation and the title thereto has been approved by the Attorney General of the United States:</proviso> <proviso><i>Provided further</i>, That the Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of such portions of the cost of said dam as shall have been allocated to such purposes by the Secretary of State.</proviso></content></appropriations> <appropriations level="small"><heading>american sections, international commissions</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to enable the President to perform the obligations of the United States pursuant to treaties between the United States and Great Britain, in respect to Canada, signed January 11, 1909 (36 Stat. 2448), and February 24, 1925 (44 Stat. 2102); and the treaty between the United States and Canada, signed February 27, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/ust/t1/s694">1 UST 694</ref>.</p></sidenote>1950; including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; $1,840,000, to be disbursed under the direction of the Secretary of State and to be available also for additional expenses of the American Sections, International Commissions, as hereinafter set forth:</p> <page identifier="/us/stat/90/941">90 STAT. 941</page> <p class="firstIndent1 fontsize10">International Joint Commission, United States and Canada, the salary of the Commissioners on the part of the United States who shall serve at the pleasure of the President; salaries of clerks and other employees appointed by the Commission era on the part of the United States with the approval solely of the Secretary of State; travel expenses and compensation of witnesses in attending hearings of the Commission at such places in the United States and Canada as the Commission or the American Commissioners shall determine to be necessary; not to exceed $1,500 for representation expenses, in accordance with such regulations as the President may prescribe, and official entertainment: and special and technical investigations in connection with matters falling within the Commission’s jurisdiction: <proviso><i>Provided</i>, That transfers of funds may be made to other agencies of the Government for the performance of work for which this appropriation is made.</proviso></p> <p class="firstIndent1 fontsize10">International Boundary Commission, United States and Canada, the completion of such remaining work as may be required under the award of the Alaskan Boundary Tribunal and the existing treaties between the United States and Great Britain; commutation of subsistence to employees while on field duty at not to exceed the authorized prevailing dally rate; hire of freight and passenger motor vehicles from temporary field employees; and payment for timber necessarily cut in keeping the boundary line clear.</p> </content></appropriations> <appropriations level="small"><heading>international fisheries commissions</heading> <content>For expenses, not otherwise provided for, necessary to enable the United States to meet its obligations in connection with participation in international fisheries commissions pursuant to treaties or conventions, and implementing Acts of Congress, $5,500,000: <proviso><i>Provided</i>, That the United States share of such expenses may be advanced to the respective commissions.</proviso></content></appropriations></appropriations></appropriations> <appropriations level="intermediate"><heading>Educational Exchange</heading> <appropriations level="small"><heading>mutual educational and cultural exchange activities</heading> <content>For expenses, not otherwise provided for, necessary to enable the Secretary of State to carry out the functions of the Department of State under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451–2458), and the Act of August 9, 1939 (22 U.S.C. 501), including expenses authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); expenses of the National Commission on Educational, Scientific, and Cultural Cooperation as authorized by sections 3, 5, and 6 of the Act of July 30, 1946 (22 U.S.C. 287o, 287q, 287r); hire of passenger motor vehicles; not to exceed $12,000 for representation expenses; not to exceed $1,500 for official entertainment within the United States; services as authorized by 5 U.S.C. 3109; and advance of funds notwithstanding section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); $58,500,000, of which not less than $1,500,000 shall be used for payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States: <proviso><i>Provided</i>, That not to exceed $2,800,000 may be used for administrative expenses during the current fiscal year.</proviso></content></appropriations> <page identifier="/us/stat/90/942">90 STAT. 942</page> <appropriations level="small"><heading>center for cultural and technical interchange between east and west</heading> <content>To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange <sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote>Between East and West Act of 1960, by grant to any appropriate recipient in the State of Hawaii, $10,000,000: <proviso><i>Provided</i>, That none of the funds appropriated herein shall he used to pay any salary, or to enter into any contract providing for the payment thereof, in excess of the highest rate authorized in the General Schedule of the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2054">22 USC 2054 note</ref>.</p></sidenote>Classification Act of 1949, as amended.</proviso></content></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions—Department of State</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote><content class="inline">Appropriations under this title for “Salaries and expenses”, “International conferences and contingencies”, and “Missions to international organizations” are available for reimbursement of the General Services Administration for security guard services for protection of confidential files.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Security guard services.</p></sidenote><content class="inline">None of the funds appropriated in this title shall be used (1) to pay the United States contribution to any international organization which engages in the direct or indirect promotion of the principle or doctrine of one world government or one world citizenship; (2) for the promotion, direct or indirect, of the principle or doctrine of one world government or one world citizenship.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="indent0 firstIndent0 fontsize8">One-world-government advocates.</p></sidenote><content class="inline">It is the sense of the Congress that any new Panama Canal treaty or agreement must protect the vital interests of the United States in the Canal Zone and in the operation, maintenance, property and defense of the Panama Canal.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Panama Canal treaty or agreement.</p></sidenote><chapeau class="inline">The Congress, taking cognizance that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Secretary of State on June 11 submitted a multi-point proposal to the Sixth General Assembly of the Organization of American States designed to restructure the membership qualifications, the policymaking organs, and the financial assessments for the members of that body, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the United States Government has been regularly contributing approximately two-thirds of the annual OAS budget, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the bureaucratic structure of the OAS has, according to the Secretary of State, assumed a “ponderous” and “cumbersome” nature, preempting some of the policymaking responsibilities of the General Assembly, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the several member-states of the OAS have sought a more active role for the organization in formulating common policy positions on such hemispheric issues as recognition of the Cuban government, renegotiation of the Panama Canal Treaty, and protection of human rights in Chile, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the responsive structure and financial strength of the OAS will determine the relevance of that organization for meeting the challenges of the future,</content></paragraph> <continuation> <p class="indent0 firstIndent0 fontsize10">therefore expresses the support for its proposal presented to the Organization of American States General Assembly on June 11 by Secretary of State Henry A. Kissinger and urges the General Assembly to favorably consider and adopt the United States proposal at an early date.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">OAS restructuring proposal, congressional support.</p></sidenote> This title may be cited as the “<shortTitle role="title">Department of State Appropriation Act, 1977</shortTitle>”.</p> </continuation> </section> </level> 90 STAT. 943 <num value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF JUSTICE</heading> <sidenote><p class="indent0 firstIndent0 fontsize8">Department of Justice Appropriation Act, 1977.</p></sidenote> <appropriations level="intermediate"><heading>General Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the administration of the Department of Justice, including hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and miscellaneous and emergency expenses authorized or approved by the Attorney General or the Assistant Attorney General for Administration; $20,400,000. In addition to funds provided under this Act, unobligated balances from the amount appropriated for the Watergate Special Prosecution Force in 1976 shall remain available until September 30, 1977.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Legal Activities</heading> <appropriations level="small"><heading>salaries and expenses, general legal activities</heading> <content>For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including miscellaneous and emergency expenses authorized or approved by the Attorney General or the Assistant Attorney General for Administration; not to exceed $30,000 for expenses of collecting evidence, to be expended under the direction of the Attorney General and accounted for solely on his certificate; and advances of public moneys pursuant to law (31 U.S.C. 529); $64,090,000: <proviso><i>Provided</i>, That not to exceed $105,000 may be transferred to this appropriation from the “Alien Property Fund, World War II”, for the general administrative expenses of alien property activities, including rent of private or Government-owned space in the District of Columbia.</proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses, antitrust division</heading> <content>For expenses necessary for the enforcement of antitrust, consumer protection and kindred laws, $24,000,000: <proviso><i>Provided</i>, That none of this appropriation shall be expended for the establishment and maintenance of permanent regional offices of the Antitrust Division.</proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses, united states attorneys and marshals</heading> <content>For necessary expenses of the offices of the United States attorneys and marshals, including purchase of firearms and ammunition, $160,890,000.</content></appropriations> <appropriations level="small"><heading>fees and expenses of witnesses</heading> <content>For expenses, mileage, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, for payment of compensation and expenses of Commissioners appointed in condemnation cases under Rule 71A (h) of the Federal Rules of Civil Procedure, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t28">28 USC app</ref>.</p></sidenote>and for such compensation and expenses of expert witnesses pursuant to section 524 of title 28, United States Code, and sections 4244–48 of title 18, United States Code, including advances; $19,177,000: <proviso><i>Provided</i>, That no part of the sum herein appropriated shall be used to pay any witness more than one attendance fee for any one calendar day:</proviso> <proviso><i>Provided further</i>, That no part of the sum herein appropriated shall be used for the payment of the compensation of land commissioners at a daily rate in excess of the equivalent daily rate of compensation paid a grade 18 on the General Schedule. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></proviso></content></appropriations> <page identifier="/us/stat/90/944">90 STAT. 944</page> <appropriations level="small"><heading>salaries and expenses, community relations service</heading> <content>For necessary expenses of the Community Relations Service established by title X of the Civil Rights Act of 1964 (42 U.S.C. 2000g–2000g–2), $4,500,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Bureau of Investigation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the detection and prosecution of crimes against the United States; protection of the person of the President of the United States; acquisition, collection, classification and preservation of identification and other records and their exchange with, mid for the official use of, the duly authorized officials of the Federal Government, of States, cities, and other institutions, such exchange to be subject to cancellation if dissemination is made outside the receiving departments or related agencies; and such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General; including purchase for police-type use without regard to the general purchase price limitation for the current fiscal year (not to exceed one thousand two hundred and nineteen for replacement only) and hire of passenger motor vehicles; purchase, lease, hire, maintenance, operation and storage of aircraft; firearms and ammunition; payment of rewards; benefits in accordance with those provided under 22 U.S.C. 1136(9)–(11), under regulations prescribed by the Secretary of State; and not to exceed $70,090 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $493,977,000.</p> <p class="firstIndent1 fontsize10">None of the funds appropriated for the Federal Bureau of Investigation shall be used to pay the compensation of any civil-service employee.</p> </content></appropriations></appropriations> <appropriations level="intermediate"><heading>Immigration and Naturalization Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including advance of cash to aliens for meals and lodging while en route; payment of allowances (at a rate not in excess of $1 per day) to aliens, while held in custody under the immigration laws, for work performed; payment of rewards; not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on his certificate; purchase for police-type use without regard to the general purchase price limitation for the current fiscal year (not to exceed four hundred and ninety-eight, of which three hundred and seventy-two shall be for replacement only) and hire of passenger motor vehicles: lease, maintenance and operation of aircraft; firearms and ammunition, attendance at firearms matches; refunds of head tax, maintenance bills, immigration fines, and other items properly returnable, except deposits of aliens who become public charges and deposits to secure payment of fines and passage money; operation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto; acquisition of land as sites for <page identifier="/us/stat/90/945">90 STAT. 945</page>enforcement fence and construction incident to such fence; reimbursement of the General Services Administration for security guard services for protection of confidential files; benefits in accordance with those provided under 22 U.S.C. 1136(9)–(11), under regulations prescribed by the Secretary of State; research related to immigration enforcement; $234,000,000, of which not to exceed $400,000 shall remain available for such research until expended: <proviso><i>Provided</i>, That of the amount herein appropriated, not to exceed $50,000 may be used for the emergency replacement of aircraft upon certificate of the Attorney General.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Prison System</heading> <appropriations level="small"><heading>salaries and expenses, bureau of prisons</heading> <content>For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including supervision of United States prisoners in non-Federal institutions; purchase of (not to exceed twelve for replacement only) and hire of passenger motor vehicles; compilation of statistics relating to prisoners in Federal penal and correctional institutions; assistance to State and local governments to improve their correctional systems; firearms and ammunition; medals and other awards; payment of rewards; purchase and exchange of farm products and livestock; construction of buildings at prison camps; and acquisition of land as authorized by section 4010 of title 18, United States Code; $208,160,000: <proviso><i>Provided</i>, That there may be transferred to the Health <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s250a">42 USC 250a</ref>.</p></sidenote>Services Administration such amounts as may be necessary, in the discretion of the Attorney General, for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions.</proviso></content></appropriations> <appropriations level="small"><heading>national institute of corrections</heading> <content>For carrying out the provisions of section 521 of the Juvenile Justice and Delinquency Prevention Act of 1974, establishing a <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t18/s4351/1353">18 USC 4351–1353</ref>.</p></sidenote>“National Institute of Corrections”, $4,997,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content>For planning, acquisition of sites and construction of new facilities and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $56,980,000, to remain available until expended: <proviso><i>Provided</i>, That labor of United States prisoners may be used for work performed under this appropriation.</proviso></content></appropriations> <appropriations level="small"><heading>support of united states prisoners</heading> <content>For support of United States prisoners in non-Federal institutions, including necessary clothing and medical aid, payment of rewards, and reimbursements to St. Elizabeths Hospital for the care and treatment of United States prisoners, at per diem rates as authorized by law (24 U.S.C. 168a), $31,875,000.</content></appropriations> <page identifier="/us/stat/90/946">90 STAT. 946</page> <appropriations level="small"><heading>federal prison industries, incorporated</heading> <chapeau>The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>Act, as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase of not to exceed five (for replacement only) and hire of passenger motor vehicles, except as hereinafter provided:</chapeau> <appropriations level="small"><heading>limitation on administrative and vocational training expenses, federal prison industries, incorporated</heading> <content>Not to exceed $1,618,000 of the funds of the corporation shall be available for its administrative expenses, and not to exceed $4,829,000 for the expenses of vocational training of prisoners, both amounts to be available for services as authorized by 5 U.S.C. 3109, and to be computed on an accrual basis and to be determined in accordance with the corporation’s prescribed accounting system in effect on July 1, 1946, and shall be exclusive of depreciation, payment of claims, expenditures which the said accounting system requires to be capitalized or chained to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest.</content></appropriations></appropriations></appropriations> <appropriations level="intermediate"><heading>Law Enforcement Assistance Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For grants, contracts, loans, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968, as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3701">42 USC 3701</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s5611">42 USC 5611</ref>.</p></sidenote>amended, and title II of the Juvenile Justice and Delinquency Prevention Act of 1974, including departmental salaries and other expenses in connection therewith, $753,000,000, to remain available until expended.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Drug Enforcement Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Drug Enforcement Administration, including hire of passenger motor vehicles; payment in advance for special tests and studies by contract; not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; purchase of not to exceed four hundred forty-two passenger motor vehicles (for replacement only) for police-type use without regard to the general purchase price limitation for the current fiscal year; payment of rewards; payment for publication of technical and informational material in professional and trade journals; purchase of chemicals, apparatus, and scientific equipment; payment for necessary accommodations in the District of Columbia for conferences and training activities; acquisition (purchase of one), lease, maintenance, and operation of aircraft; employment of aliens <page identifier="/us/stat/90/947">90 STAT. 947</page>by contract for services abroad: research related to enforcement and drug control; benefits in accordance with those provided under 22 U.S.C. 1136(9)–(11), under regulations prescribed by the Secretary of State; $161,175,000, of which not to exceed $4,500,000 for research shall remain available until expended.</content></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions—Department of Justice</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>None of the funds appropriated by this title may be used <sidenote><p class="indent0 firstIndent0 fontsize8">Attorneys, qualifications.</p></sidenote>to pay the compensation of any person hereafter employed as an attorney (except foreign counsel employed in special cases) unless such person shall be duly licensed and authorized to practice as an attorney under the laws of a State, territory, or the District of Columbia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>Appropriations and authorizations made in this title <sidenote><p class="indent0 firstIndent0 fontsize8">Meetings attendance.</p></sidenote>which are available for expenses of attendance at meetings shall be expended for such purposes in accordance with regulations prescribed by the Attorney General.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content>Appropriations and authorizations made in this title for <sidenote><p class="indent0 firstIndent0 fontsize8">Experts and consultants.</p></sidenote>salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content>Appropriations for “Salaries and expenses, general administration”, <sidenote><p class="indent0 firstIndent0 fontsize8">Uniforms.</p></sidenote>“Salaries and expenses, United States attorneys and marshals”, “Salaries and expenses, Federal Bureau of Investigation”, “Salaries and expenses, Immigration and Naturalization Service”, and “Salaries and expenses, Bureau of Prisons”, shall be available for uniforms and allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>Appropriations made in this title, shall be available for <sidenote><p class="indent0 firstIndent0 fontsize8">Government motor vehicles, insurance.</p></sidenote>the purchase of insurance for motor vehicles operated on official Government business in foreign countries.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content> <p class="inline">Funds appropriated under this title shall be available <sidenote><p class="indent0 firstIndent0 fontsize8">Dependents’ schooling.</p></sidenote>for (1) expenses of primary and secondary schooling for dependents of personnel stationed outside the continental United States at costs not in excess of those authorized by the Department of Defense for the same area, when it is determined by the Attorney General that schools available in the locality are unable to provide adequately for the education of such dependents, and (2) transportation of said dependents between their places of residence and schools serving the area which they would normally attend when the Attorney General, under such regulations as he may prescribe, determines that such schools are not accessible by public means and transportation.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Department of Justice Appropriation <sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote>Act, 1977</shortTitle>”.</p> </content> </section> </level> <num value="III">TITLE III—</num><heading class="inline">DEPARTMENT OF COMMERCE</heading> <sidenote><p class="indent0 firstIndent0 fontsize8">Department of Commerce Appropriation Act, 1977.</p></sidenote> <appropriations level="intermediate"><heading>General Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the general administration of the Department of Commerce, including not to exceed $1,500 for official entertainment, $13,595,000.</content></appropriations></appropriations> <page identifier="/us/stat/90/948">90 STAT. 948</page> <appropriations level="intermediate"><heading>Office of Energy Programs</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the energy conservation activities of the Department of Commerce, $2,162,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Bureau of the Census</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $43,245,000.</content></appropriations> <appropriations level="small"><heading>periodic censuses and programs</heading> <content>For expenses necessary to prepare for taking, compiling, and publishing the censuses of business, transportation, manufactures, and mineral industries: the census of governments; the census of agriculture; the census of population and housing; and periodic surveys, as provided for by law, $47,400,000, to remain available until expended.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Bureau of Economic Analysis</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Economic Analysis, $12,300,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Economic Development Administration</heading> <appropriations level="small"><heading>economic development assistance programs</heading> <content>For economic development assistance as authorized by titles I, II, III, IV, and IN of the Public Works and Economic Development Act <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3131/3141/3151/3161/3241">42 USC 3131, 3141, 3151, 3161, 3241</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2251">19 USC 2251</ref>.</p></sidenote>of 1965, as amended, and title II of the Trade Act of 1974, $360,000,000.</content></appropriations> <appropriations level="small"><heading>administration of economic development assistance programs</heading> <content>For necessary expenses of administering the economic development assistance programs, not otherwise provided for, $26,725,000, of which not to exceed $300,000 may be advanced to the Small Business Administration for processing of loan applications.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Regional Action Planning Commissions</heading> <appropriations level="small"><heading>regional development programs</heading> <content>For expenses necessary to carry out the programs authorized by title V of the Public Works and Economic Development Act of 1965, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s3181">42 USC 3181</ref>.</p></sidenote>as amended, $63,500,000, to remain available until expended.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Domestic and International Business Administration</heading> <appropriations level="small"><heading>operations and administration</heading> <content>For necessary expenses for domestic business activities of the Department of Commerce; necessary expenses for international business activities, including trade promotional activities abroad without regard to the provisions of law set forth in 41 U.S.C. 5 and 13, and 44 <page identifier="/us/stat/90/949">90 STAT. 949</page>U.S.C. 501, 3702, and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas; purchase of commercial and trade reports; employment of aliens by contract for services abroad; rental of space abroad, for periods not exceeding five years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; advance of funds under contracts abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; and not to exceed $4,200 for official representation expenses abroad; necessary expenses to carry out the provisions of the Defense Production Act of 1950, as amended; and necessary expenses for carrying <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s2061">50 USC app. 2061</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s2401">50 USC app. 2401 note</ref>.</p></sidenote>out the Export Administration Act of 1969, as amended and extended by the Equal Export Opportunity Act, including awards of compensation to informers under said Act and as authorized by 22 U.S.C. 401(b); $62,912,000, to remain available until expended, of which not to exceed $678,000 may be advanced to the United States Customs Service, Treasury Department, for enforcement of the export administration program: <proviso><i>Provided</i>, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out the activities concerned with international business activities.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Minority Business Enterprise</heading> <appropriations level="small"><heading>minority business development</heading> <content>For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, $50,000,000, of which $38,585,000 shall remain available until expended: <proviso><i>Provided</i>, That not to exceed $11,465,000 shall be available for program development and management.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>United States Travel Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses to carry out the provisions of the International Travel Act of 1961, as amended, including employment of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2121">22 USC 2121 note</ref>.</p></sidenote>aliens by contract for service abroad; rental of space abroad, for periods not exceeding five years, and expenses of alteration, repair, or improvement; advance of funds under contracts abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28 of the United States Code, when such claims arise in foreign countries; and not to exceed $3,500 for representation expenses abroad; and for necessary expenses to carry out the provisions of the Act of July 19, 1940, as amended, $14,470,000, of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s18/184">16 USC 18–184</ref>.</p></sidenote>which not less than $1,500,000 shall be available, for the domestic tourism promotion program.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>National Oceanic and Atmospheric Administration</heading> <appropriations level="small"><heading>operations, research, and facilities</heading> <content>For expenses necessary for the National Oceanic and Atmospheric Administration, including research and development; acquisition of two rotary-winged aircraft; maintenance, operation, and hire of aircraft; expenses of an authorized strength of 388 commissioned officers <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s851">33 USC 851</ref>.</p></sidenote><page identifier="/us/stat/90/950">90 STAT. 950</page>on the active list; pay of commissioned officers retired in accordance with law and payments under the Retired Serviceman’s Family Protection <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t10/s1431">10 USC 1431</ref>.</p></sidenote>and the Survivors Benefit plans; construction of facilities, including initial equipment; alteration, modernization, and relocation of facilities; and acquisition of land for facilities; $560,270,000, to remain available until expended, of which so much as may become available during the current fiscal year shall be derived from the Pribilof Islands Fund: <proviso><i>Provided</i>, That this appropriation shall be available for payment to the National Aeronautics and Space Administration for procurement, in accordance with the authority available to that Administration, of such equipment or facilities as may be necessary, for the purposes of this appropriation:</proviso> <proviso><i>Provided further</i>, That of the amount herein appropriated, $1,500,000 shall be available for studies (including surveys, mission analyses, cost analyses, and initiation of a design and engineering study) for an underwater ocean laboratory.</proviso></content></appropriations> <appropriations level="small"><heading>coastal zone management</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s1451">16 USC 1451 note</ref>.</p></sidenote> For carrying out the provisions of Public Law 92–583, as amended, $18,050,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>fishermen’s guaranty fund</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1971">22 USC 1971 note</ref>.</p></sidenote> For payment to the Fishermen’s Guaranty Fund, established pursuant to the Act of August 12, 1968 (82 Stat. 729), $61,000 to remain available until expended.</content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For expenses necessary for the National Oceanic and Atmospheric Administration for planning the construction of facilities and construction of an access road and security fencing, $970,000, to remain available until expended.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>National Fire Prevention and Control Administration</heading> <appropriations level="small"><heading>operations, research, and administration</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s2201">15 USC 2201 note</ref>.</p></sidenote> For expenses necessary to carry out the provisions of the Federal Fire Prevention and Control Act of 1974, $12,239,000, to remain available until expended.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Patent and Trademark Office</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Patent and Trademark Office, including defense of suits instituted against the Commissioner of Patents and Trademarks, $86,400,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Science and Technical Research</heading> <appropriations level="small"><heading>scientific and technical research and services</heading> <content>For necessary expenses of the National Bureau of Standards, including the acquisition of buildings, grounds, and other facilities; the National Technical Information Service; and the Office of Telecommunications; $68,785,000, to remain available until expended, of which not to exceed $2,085,000 may be transferred to the “Working Capital Fund”, National Bureau of Standards, for additional capital.</content></appropriations></appropriations> <page identifier="/us/stat/90/951">90 STAT. 951</page> <appropriations level="intermediate"><heading>Maritime Administration</heading> <appropriations level="small"><heading>operating differential subsidies (liquidation of contract authority)</heading> <content>For the payment of obligations incurred for operating-differential subsidies as authorized by the Merchant Marine Act, 1936, as amended, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s1245">46 USC 1245</ref>.</p></sidenote>$388,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>research and development</heading> <content>For expenses necessary for research, development, fabrication, and test operation of experimental facilities and equipment; collection and dissemination of maritime technical and engineering information; studies to improve water transportation systems; $18,500,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>operations and training</heading> <content>For expenses necessary for carrying out the Merchant Marine Act, 1936, as amended, and the training of cadets as officers of the Merchant Marine, including not to exceed $2,000 for entertainment of officials of other countries when specifically authorized by the Maritime Administrator; not to exceed $1,500 for representation allowances; not to exceed $2,500 for contingencies for the Superintendent, United States Merchant Marine Academy, to be expended in his discretion; $48,200,000, to remain available until expended: <proviso><i>Provided</i>, That reimbursement may be made to this appropriation for expenses in support of activities for National Maritime Research Centers financed from the appropriation for “Research and development”:</proviso> <proviso><i>Provided further</i>, That reimbursements may he made to this appropriation from receipts to the “Federal ship financing fund” for administrative expenses in support of that program.</proviso></content></appropriations> <appropriations level="small"><heading>general provision b—maritime administration</heading> <content> <p class="firstIndent1 fontsize10">Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration and payments received by the Maritime Administration for utilities, services, and repairs so furnished or made shall be credited to the appropriation charged with the cost thereof: <proviso><i>Provided</i>, That rental payments under any such lease, contract, or occupancy on account of items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.</proviso></p> <p class="firstIndent1 fontsize10">No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s1116">46 USC 1116</ref>.</p></sidenote>contained in this Act, or in any prior appropriation Act, and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts.</p> </content></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions—Department of Commerce</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>During the current fiscal year applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act.</content> </section> <page identifier="/us/stat/90/952">90 STAT. 952</page> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>During the current fiscal year appropriations to the Department of Commerce which are available for salaries and expenses shall be available for hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content> <p class="inline">No part of any appropriation contained in this title shall be used for construction of any ship in any foreign country.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5101/etseq/8331/etseq">5 USC 5101 <i>et seq</i>., 8331 <i>et seq</i></ref>.</p></sidenote>This title may be cited as the “<shortTitle role="title">Department of Commerce Appropriation Act, 1977</shortTitle>”.</p> </content> </section> </level> <num value="IV">TITLE IV—</num><heading class="inline">THE JUDICIARY</heading> <sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote> <appropriations level="intermediate"><heading>Supreme Court of the United States</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase, or hire, driving, maintenance and operation of an automobile for the Chief Justice; not to exceed $5,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve; $7,482,000.</content></appropriations> <appropriations level="small"><heading>care of the building and grounds</heading> <content>For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S.C. 13a–13b), including improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without reference to the Classification and <sidenote><p class="indent0 firstIndent0 fontsize8">Judiciary Appropriation Act, 1977.</p></sidenote>Retirement Acts, as amended), and for snow removal by hire of men and equipment or under contract without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); $800,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Court of Customs and Patent Appeals</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For salaries of the chief judge, four associate judges, and all other officers and employees of the court, and necessary expenses of the court, including exchange of books, and traveling expenses, as may be approved by the chief judge, $898,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Customs Court</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For salaries of the chief judge and eight judges: salaries of the officers and employees of the court; services as authorized by 5 U.S.C. 3109; and necessary expenses of the court, including exchange of books and traveling expenses, as may be approved by the court; $2,705,000; <proviso><i>Provided</i>, That traveling expenses of judges of the Customs Court shall be paid upon written certificate of the judge.</proviso></content></appropriations></appropriations> <page identifier="/us/stat/90/953">90 STAT. 953</page> <appropriations level="intermediate"><heading>Court of Claims</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For salaries of the chief judge, six associate judges, and all other officers and employees of the court, and for other necessary expenses, including stenographic and other fees and charges necessary in the taking of testimony, and travel, $2,536,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <appropriations level="small"><heading>salaries of judges</heading> <content>For salaries of circuit judges; district judges (including judges of the district courts of the Virgin Islands, the Panama Canal Zone, and Guam); justices and judges retired or resigned under title 28, United States Code, sections 371, 372, and 373; and annuities of widows of Justices of the Supreme Court, of the United States in accordance with title 28, United States Code, section 375; $29,782,000.</content></appropriations> <appropriations level="small"><heading>salaries of supporting personnel</heading> <content>For salaries of ail officials and employees of the Federal Judiciary, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t28/s604">28 USC 604 note</ref>.</p></sidenote>not otherwise specifically provided for, $132,250,000: <proviso><i>Provided</i>, That the salaries of secretaries to circuit and district judges shall not exceed the compensation established in chapter 51 of title 5, United States Code, for General Schedule grade (GS) 5, 6, 7, 8, 9, or 10, and that <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5101/5332">5 USC 5101, 5332 note</ref>.</p></sidenote>the salaries of law clerks to circuit and district judges shall not exceed the compensation established in chapter 51 of title 5, United States Code, for General Schedule grade (GS) 7, 8, 9, 10, 11, or 12:</proviso> <proviso><i>Provided further</i>, That (exclusive of step increases corresponding with those provided for by chapter 53 of title 5 of the United States Code, post <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5301">5 USC 5301</ref>.</p></sidenote>differential and allowances for employees stationed outside the continental United States and in Alaska and of compensation paid for temporary assistance needed because of an emergency) the aggregate salaries paid to secretaries and law clerks appointed by each, of the circuit and district judges shall not exceed $63,947 and $38,767 per annum, respectively, except in the case of the chief judge of each circuit and the chief judge of each district court having five or more district judges, in which case the aggregate salaries shall not exceed $78,771 and $49,813 per annum, respectively:</proviso> <proviso><i>Provided further</i>, That the chief judge of each circuit may appoint a senior law clerk to the court at not more than $31,500 per annum, without regard to the limitations referred to above.</proviso></content></appropriations> <appropriations level="small"><heading>representation by court-appointed counsel and operation of defender organizations</heading> <content>For the operation of Federal Public Defender and Community Defender organizations, and the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964 (18 U.S.C. 3006A, as amended by Public Law 91–447, October 14, 1970), $20,686,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>fees of jurors</heading> <content>For fees, expenses, and costs of jurors; and compensation of jury commissioners; $19,350,000, to remain available until expended.</content></appropriations> <page identifier="/us/stat/90/954">90 STAT. 954</page> <appropriations level="small"><heading>travel and miscellaneous expenses</heading> <content>For necessary travel and miscellaneous expenses, not otherwise provided for, incurred by the Judiciary, including the purchase of firearms and ammunition, $24,380,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses of united states magistrates</heading> <content>For compensation and expenses of United States Magistrates, including secretarial and clerical assistance, as authorized by 28 U.S.C. 634–635, $12,341,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses of referees</heading> <content>For salaries and expenses of referees as authorized by the Act of June 28, 1946, as amended (11 U.S.C. 68, 102), not to exceed $30,201,000, to be derived from the Referees’ salary and expense fund established in pursuance of said Act, and, to the extent of any deficiency in said fund, from any monies in the Treasury not otherwise appropriated: <proviso><i>Provided</i>, That $660,000 shall be transferred to the appropriation for “Administrative Office of the United States Courts” for general administrative expenses of the bankruptcy system.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Administrative Office of the United States Courts</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Administrative Office of the United States Courts, including travel, advertising, and rent in the District of Columbia and elsewhere, $8,320,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Judicial Center</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Judicial Center, as authorized <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t28/s620">28 USC 620</ref>.</p></sidenote>by Public Law 90–219, $7,650,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Space and Facilities, the Judiciary</heading> <appropriations level="small"><heading>space and facilities</heading> <content>For the rental of space, tenant alterations, and related services for the United States Courts of Appeals and District Courts, the Court of Customs and Patent Appeals, the Customs Court, the Court of Claims, the Administrative Office of the United States Courts and the Federal Judicial Center, pursuant to the Public Buildings Amendments <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603 note</ref>.</p></sidenote>of 1972, Public Law 92–313, June 16, 1972 (86 Stat. 216), $71,980,000, to be available for transfer to the General Services Administration which shall be responsible for administering the program in compliance with standards or guidelines prescribed by the Director of the Administrative Office of the United States Courts under the supervision and direction of the Judicial Conference of the United States.</content></appropriations></appropriations> <page identifier="/us/stat/90/955">90 STAT. 955</page> <appropriations level="intermediate"><heading>Expenses, United States Court Facilities</heading> <appropriations level="small"><heading>furniture and furnishings</heading> <content>For necessary expenses, not otherwise provided for, to provide furniture and furnishings for the United States Courts, including the Administrative Office of the United States Courts and the Federal Judicial Center, $4,940,000, to be available for transfer to the General Services Administration which shall be responsible for administering the program in compliance with standards or guidelines prescribed by the Director of the Administrative Office of the United States Courts under the supervision and direction of the Judicial Conference of the United States.</content></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions—The Judiciary</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>Appropriations and authorizations made in this title which <sidenote><p class="indent0 firstIndent0 fontsize8">Experts and consultants.</p></sidenote>are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content> <p class="inline">Not to exceed $120,000 of the appropriations contained in <sidenote><p class="indent0 firstIndent0 fontsize8">Study of rules of practice and procedure.</p><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote>this title shall be available for the study of rules of practice and procedure.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Judiciary Appropriation Act, 1977</shortTitle>”.</p> </content> </section> </level> <num value="V">TITLE V—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Arms Control and Disarmament Agency</heading> <appropriations level="small"><heading>arms control and disarmament activities</heading> <content>For necessary expenses, not otherwise provided for, for arms control and disarmament activities, including not to exceed $10,000 for official reception and representation expenses, authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $12,000,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Board for International Broadcasting</heading> <appropriations level="small"><heading>grants and expenses</heading> <content>For expenses of the Board for International Broadcasting, including grants to Radio Free Europe and Radio Liberty, $53,385,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Commission on Civil Rights</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Commission on Civil Rights, including hire of passenger motor vehicles, $9,450,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Commission on Security and Cooperation in Europe</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, $340,000 <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 661.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s3001/3008">22 USC 3001–3008</ref>.</p></sidenote>for the period beginning July 1, 1976, and to remain available until expended.</content></appropriations></appropriations> <page identifier="/us/stat/90/956">90 STAT. 956</page> <appropriations level="intermediate"><heading>Equal Employment Opportunity Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Equal Employment Opportunity Commission established by title VII of the Civil Rights Act of 1964, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2000e">42 USC 2000e</ref>.</p></sidenote>as amended, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $6,000,000 for payments to State and local agencies for services to the Commission pursuant to title VII of the Civil Rights Act, as amended; $67,850,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Communications Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses for the Federal Communications Commission, as authorized by law, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); not to exceed $280,000 for land and structures; not to exceed $65,000 for improvement and care of grounds and repair to buildings; not to exceed $1,500 for official reception and representation expenses; purchase (not to exceed six) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $54,696,000: <proviso><i>Provided</i>, That not to exceed $500,000 of the foregoing amount shall remain available until September 30, 1978, for research and policy studies.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Maritime Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Maritime Commission, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; $8,300,000: <proviso><i>Provided</i>, That not to exceed $1,500 shall be available for official reception and representation expenses.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Trade Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <chapeau> <p class="firstIndent1 fontsize10">For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $1,500 for official reception and representation expenses; $52,700,000.</p> <p class="firstIndent1 fontsize10">No part of these funds may be used to pay the salary of any employee, including Commissioners, of the Federal Trade Commission who—</p> </chapeau> <level class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>makes any publication based on the line-of-business data furnished by individual firms without taking reasonable precautions to prevent disclosure of the line-of-business data furnished by any particular firm; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>permits anyone other than sworn officers and employees of the Federal Trade Commission to examine the line-of-business reports from individual firms; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>uses the information provided in the line-of-business program for any purpose other than statistical purposes. Such information for carrying out specific law enforcement responsibilities of the Federal Trade Commission shall be obtained under existing practices and procedures or as changed by law.</content></level></appropriations></appropriations> <page identifier="/us/stat/90/957">90 STAT. 957</page> <appropriations level="intermediate"><heading>Foreign Claims Settlement Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry on the activities of the Foreign Claims Settlement Commission, including services as authorized by 5 U.S.C. 3109; allowances and benefits similar to those provided by title IX of the Foreign Service Act of 1946, as amended, as determined <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1131">22 USC 1131</ref>.</p></sidenote>by the Commission; expenses of packing, shipping, and storing personal effects of personnel assigned abroad; rental or lease, for such periods as may be necessary, of office space and living quarters for personnel assigned abroad; maintenance, improvement, and repair of properties rented or leased abroad, and furnishing fuel, water, and utilities for such properties; insurance on official motor vehicles abroad; advances of funds abroad; advances or reimbursements to other Government agencies for use of their facilities and services in carrying out the functions of the Commission; hire of motor vehicles for held use only; and employment of aliens; $650,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>International Trade Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the International Trade Commission, not to exceed $220,000 for expenses of travel, hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $11,350,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used to pay the salary of any member of the International Trade Commission who shall hereafter participate in any proceedings under sections 336, 337, and 338 of the Tariff’ Act of 1930, wherein he or any member of his <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s1336/1337/1338">19 USC 1336, 1337, 1338</ref>.</p></sidenote>family has any special, direct, and pecuniary interest, or in which he has acted as attorney or special representative:</proviso> <proviso><i>Provided further</i>, That no part of the foregoing appropriation shall be used for making any special study, investigation, or report at the request of any other agency of the executive branch of the Government unless reimbursement is made for the cost thereof.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Legal Services Corporation</heading> <appropriations level="small"><heading>payment to the legal services corporation</heading> <content>To enable the Department of the Treasury to make payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974 (P.L. 93–355), $125,000,000. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2996">42 USC 2996 note</ref>.</p></sidenote></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Marine Mammal Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Marine Mammal Commission to carry out the provisions of title II of the Act of October 21, 1972 (Public Law 92–522), establishing the Marine Mammal Commission, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s1401">16 USC 1401</ref>.</p></sidenote>$1,000,000.</content></appropriations></appropriations> <page identifier="/us/stat/90/958">90 STAT. 958</page> <appropriations level="intermediate"><heading>Office of the Special Representative for Trade Negotiations</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Office of the Special Representative for Trade Negotiations, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $2,250,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Privacy Protection Study Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Privacy Protection Study Commission pursuant to the provisions of the Privacy Act (Public Law <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s552a">5 USC 552a note</ref>.</p></sidenote>93–579), $750,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Renegotiation Board</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Renegotiation Board, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $5,700,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Securities and Exchange Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $2,000 for official reception and representation expenses, $53,000,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Small Business Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, not otherwise provided for, of the Small Business Administration, including purchase of one motor vehicle for replacement only and hire of passenger motor vehicles, not to exceed $1,500 for official reception and representation expenses, $35,400,000, and in addition there may be transferred to this appropriation not to exceed a total of $99,600,000 from the “Disaster loan fund”, the “Business loan and investment fund”, the “Lease guarantees revolving fund”, the “Pollution control equipment contract guarantees revolving fund” and the “Surety bond guarantees revolving fund”, in such amounts as may be necessary for administrative expenses in connection with activities respectively financed under said funds: <proviso><i>Provided</i>, That 10 per centum of the amount authorized to be transferred from these revolving funds shall be apportioned for use, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/sUSC">31 USC 665</ref>.</p></sidenote>pursuant to section 3679 of the Revised Statutes, as amended, only in such amounts and at such times as may be necessary to carry out the business and disaster loan, and lease guarantee, pollution control equipment contract guarantee and surety bond guarantee programs.</proviso></content></appropriations> <page identifier="/us/stat/90/959">90 STAT. 959</page> <appropriations level="small"><heading>disaster loan fund</heading> <subheading>business loan and investment fund</subheading> <subheading>lease guarantees revolving fund</subheading> <subheading>pollution control equipment contract guarantees revolving fund</subheading> <subheading>surety bond guarantees revolving fund</subheading> <content>The Small Business Administration is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the following funds, and in accord with the law, and to make such contracts and commitment without regard to fiscal year limitations as provided by section 1114 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>programs set forth in the budget for the current fiscal year for the “Disaster loan fluid”, the “Business loan and investment fund”, the “Lease guarantees revolving fund”, the “Pollution control equipment contract guarantees revolving fund” and the “Surety bond guarantees revolving fund”.</content></appropriations> <appropriations level="small"><heading>business loan and investment fund</heading> <content>For additional capital for the “Business loan and investment fund”, authorized by the Small Business Act, as amended, $601,600,000, to <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s631">15 USC 631 note</ref>.</p></sidenote>remain available without fiscal year limitation.</content></appropriations> <appropriations level="small"><heading>disaster loan fund</heading> <content>For additional capital for the “Disaster loan fund”, authorized by the Small Business Act, as amended, $90,000,000, to remain available <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s633">15 USC 633</ref>.</p></sidenote>without fiscal year limitation.</content></appropriations> <appropriations level="small"><heading>lease guarantees revolving fund</heading> <content>For additional capital for the “Lease Guarantees Revolving Fund”, authorized by the Small Business Investment Act, as amended, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s694">15 USC 694</ref>.</p></sidenote>$3,000,000, to remain available without fiscal year limitation.</content></appropriations> <appropriations level="small"><heading>pollution control equipment contract guarantees revolving fund</heading> <content>For capital for the “Pollution Control Equipment Contract Guarantees Revolving Fund”, authorized by the Small Business Investment Act, as amended, $15,000,000, to remain available without fiscal year <sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 665.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s694/2">15 USC 694–2</ref>.</p></sidenote>limitation.</content></appropriations> <appropriations level="small"><heading>surety bond guarantees revolving fund</heading> <content>For additional capital for the “Surety Bond Guarantees Revolving Fund”, authorized by the Small Business Investment Act, as amended, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s694c">15 USC 694c</ref>.</p></sidenote>$36,000,000, to remain available without fiscal year limitation.</content></appropriations></appropriations> <page identifier="/us/stat/90/960">90 STAT. 960</page> <appropriations level="intermediate"><heading>United States Information Agency</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to enable the United States Information <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1461">22 USC 1461 note</ref>.</p></sidenote>Agency, as authorized by Reorganization Plan No. 8 of 1953, the Mutual Educational and Cultural Exchange Act (22 U.S.C. 2451 et seq.), and the United States Information and Educational Exchange Act, as amended (22 U.S.C. 1431 et seq.), to carry out international information activities, including employment, without regard to the civil service and classification laws, of persons on a temporary basis (not to exceed $20,000), and aliens within the United States; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); entertainment within the United States not to exceed $3,000; purchase for use abroad of (not to exceed 95, of which 42 are for replacement only), and hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; advance of funds notwithstanding section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; purchase of uniforms for not to exceed thirteen guards; radio activities and acquisition and production of motion pictures and visual materials and purchase or rental of technical equipment and facilities therefor, narration, script writing, translation, and engineering services, by contract or otherwise; and purchase of objects for presentation to foreign governments, schools, or organizations; $248,325,000: <proviso><i>Provided</i>, That not to exceed $260,000 may be used for representation abroad:</proviso> <proviso><i>Provided further</i>, That passenger motor vehicles used abroad exclusively for the purposes of this appropriation may be exchanged or sold pursuant to section 201(c) of the Act of June 30, 1949 (40 U.S.C. 481(c)), and the exchange allowances or proceeds of such sales shall be available for replacement of an equal number of such vehicles and the cost, including the exchange allowance of each such replacement, shall not exceed such amounts as may be otherwise provided by law (except that right-hand drive vehicles may be purchased without regard to any maximum price limitation otherwise established by law):</proviso> <proviso><i>Provided further</i>, That, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1461k">22 USC 1461k</ref>.</p></sidenote>notwithstanding the provisions of section 3679 of (he Revised Statutes, as amended (31 U.S.C. 665), the United States Information Agency is authorized, in making contracts for the use of international short-wave, radio stations and facilities, to agree on behalf of the United States to indemnify the owners and operators of said radio stations and facilities from such funds as may be hereafter appropriated for the purpose against loss or damage on account of injury to persons or property arising from such use of said radio stations and facilities.</proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the United States Information Agency, as authorized by law, $8,600,000, to remain available until expended.</content></appropriations> <page identifier="/us/stat/90/961">90 STAT. 961</page> <appropriations level="small"><heading>special international exhibitions</heading> <content>For expenses necessary to carry out the functions of the United States Information Agency under section 102(a) (3) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2452">22 USC 2452</ref>.</p></sidenote>seq.), $4,841,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed a total of $6,500 may be expended for representation.</proviso></content></appropriations> <appropriations level="small"><heading>acquisition and construction of radio facilities</heading> <content>For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception, purchase, and installation of necessary equipment, for radio transmission and reception, without regard to the provisions of the Act of June 30, 1932 (40 U.S.C. 278a), and acquisition of land and interests in land by purchase, lease, rental, or otherwise, $2,142,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available for acquisition of land outside the continental United States without regard to section 355 of the Revised Statutes (40 U.S.C. 255) and title to any land so acquired shall be approved by the Director of the United States Information Agency.</proviso></content></appropriations></appropriations> <num value="VI">TITLE VI—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Publicity or propaganda.</p></sidenote>be used for publicity or propaganda purposes not authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <content>No part of any appropriation contained in this Act shall be <sidenote><p class="indent0 firstIndent0 fontsize8">Foreign currency funded programs.</p></sidenote>used to administer any program which is funded in whole or in part from foreign currencies or credits for which a specific dollar appropriation therefor has not been made.</content> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Fiscal year limitation.</p></sidenote>remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content>No part of the funds appropriated by this Act shall be <sidenote><p class="indent0 firstIndent0 fontsize8">Convicted rioters, payment prohibitions.</p></sidenote>used to pay the salary of any Federal employee who is finally convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content>No part of the funds appropriated under this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Funds to campus disrupters, prohibitions.</p></sidenote>be used to provide a loan, guarantee of a loan, a grant, the salary of, or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent, the faculty, administrative officials or students in such institution from engaging in their duties or pursuing their studies at such institution.</content> </section> <page identifier="/us/stat/90/962">90 STAT. 962</page> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <content> <p class="inline">None of the funds appropriated in this Act shall be made available for the collection and preparation of budgetary information which will not be available to the Committees on Appropriations of the Senate and House of Representatives.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Short title.</p></sidenote> This Act may be cited as the “<shortTitle role="act">Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1977</shortTitle>”.</p> </content> </section>
Approved July 14, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1226 (Comm. on Appropriations) and No. 94–1309 (Comm. of Conference). SENATE REPORT No. 94–964 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 18, considered and passed House.

June 24, considered and passed Senate, amended.

June 30, House agreed to conference report.

July 1, Senate agreed to conference report.

 Public Law 94–363: Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1977, and for other purposes. Public Law 363 Public Law 94–363 90 Stat. 963 1976-07-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 963 Public Law 94–363 94th Congress
An Act Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1977, and for other purposes.

July 14, 1976

[H.R. 14261]

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

Treasury, Postal Service, and General Government Appropriation Art, 1977.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1977, and for other purposes, namely: <num value="I"><inline class="centered">TITLE I</inline></num> <sidenote><p class="indent0 firstIndent0 fontsize8">Treasury Department Appropriations Act, 1977.</p></sidenote> <heading class="centered">DEPARTMENT OF THE TREASURY</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For the necessary expenses in the Office of the Secretary, including the operation and maintenance of the Treasury Building and Annex thereof; hire of passenger motor vehicles; and not to exceed $15,000 for official reception and representation expenses; $26,000,000, of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential character, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate, and of which $500,000 shall be for repairs and improvements to Treasury buildings and shall remain available until expended.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Office of Revenue Sharing</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses in the Office of Revenue Sharing, including the hire of passenger motor vehicles, $3,810,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Law Enforcement Training Center</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Law Enforcement Training Center, including purchase and hire of vehicles, and services as authorized by 5 U.S.C. 3109; $8,650,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Bureau of Government Financial Operations</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Government Financial Operations, $144,000,000.</content></appropriations></appropriations> <page identifier="/us/stat/90/964">90 STAT. 964</page> <appropriations level="intermediate"><heading>Payment of Government Losses in Shipment</heading> <content>For payment of Government losses in shipment, in accordance with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $500,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Alcohol, Tobacco and Firearms</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms including purchase of (not to exceed two hundred and forty of which fifty shall be for replacement only, for police-type use), and hire of passenger motor vehicles; hire of aircraft; and services of expert witnesses at such rates as may be determined by the Director; $114,500,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>United States Customs Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the United States Customs Service, including purchase of three hundred and twenty-nine passenger motor vehicles (for replacement only), including three hundred and nineteen for police-type use; acquisition, operation, and maintenance of aircraft; hire of passenger motor vehicles and aircraft; and awards of compensation to informers as authorized by the Act of August 13, 1954 (22 U.S.C. 401); $340,000,000, of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Bureau of the Mint</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of the Mint, including purchase of one passenger motor vehicle for replacement only; and not to exceed $2,500 for the expenses of the annual assay commission; $40,000,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Bureau of the Public Debt</heading> <appropriations level="small"><heading>administering the public debt</heading> <content>For necessary expenses connected with any public-debt issues of the United States, $112,000,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Internal Revenue Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Internal Revenue Service, not otherwise provided for, including executive direction, administrative support, and internal audit and security; hire of passenger motor vehicles; and services of expert, witnesses at such rates as may be determined by the Commissioner; $46,700,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Accounts, Collection and Taxpayer Service</heading> <content>For necessary expenses of the Internal Revenue Service for processing tax returns, revenue accounting, providing assistance to taxpayers, securing unfiled tax returns, and collecting unpaid taxes; hire <page identifier="/us/stat/90/965">90 STAT. 965</page>of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; including not to exceed $10,000,000 for employees on temporary appointments and not to exceed $183,000 for salaries of personnel engaged in preemployment training of data transcriber applicants; $793,400,000.</content></appropriations> <appropriations level="intermediate"><heading>Compliance</heading> <content>For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities, and for investigation and enforcement activities, including purchase (not to exceed ninety-one of which ninety-one shall be for replacement only) and hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $836,900,000.</content></appropriations> <appropriations level="intermediate"><heading>United States Secret Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses for the operation of the United States Secret Service, including purchase (not to exceed seventy-seven for police-type use for replacement only) and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments which may be provided without reimbursement; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be necessary to perform protective functions; and the conducting and participation in firearms matches; $11’2,650,000, of which not to exceed $2,000,000 shall remain available until expended, for payments to State and local governments for protection of permanent and observer foreign diplomatic missions, pursuant to Public Law 94–196. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t3/s202/208">3 USC 202, 208</ref>.</p></sidenote></content></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions—Treasury Department</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>Appropriations in this Act to the Treasury Department shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–2) including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services as authorized by 5 U.S.C. 3109.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content> <p class="inline">Motor vehicles for police-type use by the Treasury Department may be purchased without regard to the general purchase price limitation for the current fiscal year.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Treasury Department Appropriations <sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote>Act, 1977</shortTitle>”.</p> </content> </section> </level> <num value="II"><inline class="centered">TITLE II</inline></num> <sidenote><p class="indent0 firstIndent0 fontsize8">Postal Service Appropriation Act, 1977.</p></sidenote> <heading class="centered">U.S. POSTAL SERVICE</heading> <appropriations level="small"><heading>payment to the postal service fund</heading> <content> <p class="firstIndent1 fontsize10">For payment to the Postal Service Fund for public service costs and for revenue foregone on free and reduced rate mail, pursuant to 39 U.S.C. 2401 (b) and (c), and for meeting the liabilities of the former Post Office Department to the Employees’ Compensation Fund <page identifier="/us/stat/90/966">90 STAT. 966</page>and to postal employees for earned and unused annual leave as of June 30, 1971, pursuant to 39 U.S.C. 2004, $1,766,170,000.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> This title may be cited as the “<shortTitle role="title">Postal Service Appropriation Act, 1977</shortTitle>”.</p> </content></appropriations> <num value="III"><inline class="centered">TITLE III</inline></num> <sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote> <heading class="centered">EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Compensation of the President</heading> <content>For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000.</content></appropriations> <appropriations level="intermediate"><heading>The White House Office</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the White House Office as authorized by law, including not to exceed $3,860,000 for services as authorized by 5 U.S.C. 3109, at such per diem rates for individuals as the President may specify and other persona) services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; lure of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be accounted for solely on the certificate of the President); and not to exceed $10,000 for official entertainment expenses to be available for allocation within the Executive Office of the President; $16,530,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Executive Residence</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence, to be expended as the President may determine, notwithstanding the provisions of this or any other Act, and official entertainment expenses of the President to be accounted for solely on his certificate, $2,095,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Official Residence of the Vice President</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For the care, maintenance, repair and alteration, furnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, $61,000: <proviso><i>Provided</i>, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Special Assistance to the President</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109, but at rates for individuals <sidenote><p class="indent0 firstIndent0 fontsize8">Executive Office Appropriations Act, 1977.</p></sidenote>not to exceed the per diem equivalent of the rate for grade GS–18, <page identifier="/us/stat/90/967">90 STAT. 967</page>compensation for one position at a rate not to exceed the rate of level II of the Executive schedule, and other personal services without <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5313">5 USC 5313</ref>.</p></sidenote>regard to the provisions of law regulating the employment and compensation of persons in the Government service, including hire of passenger motor vehicles, $1,246,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Council of Economic Advisers</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $1,718,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Council on International Economic Policy</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Council on International Economic Policy, including hire of passenger motor vehicles, $1,450,000, of which, an amount not to exceed $1,000 may be expended for official entertainment.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Council on Wage and Price Stability</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses, including compensation for the Deputy Director at a rate not to exceed the rate for level V of the Executive Schedule, necessary for the Council on Wage and Price Stability as authorized by the Council on Wage and Price Stability Act of 1974 (Public Law 93–387 as amended by Public Law 94–78) $1,607,000. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t12/s1904">12 USC 1904 note</ref>.</p></sidenote></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Domestic Council</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Domestic Council, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18; and other <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; $1,700,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>National Security Council</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the National Security Council, including services as authorized by 5 U.S.C. 3109, $3,210,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Office of Management and Budget</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $25,300,000.</content></appropriations></appropriations> <page identifier="/us/stat/90/968">90 STAT. 968</page> <appropriations level="intermediate"><heading>Office of Federal Procurement Policy</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses of the Office of Federal Procurement Policy, including services as authorized by 5 U.S.C. 3109, $1,627,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Office of Telecommunications Policy</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the conduct of telecommunications functions assigned to the Director of the Office of Telecommunications Policy, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $8,206,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Unanticipated Needs</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, and to pay administrative expenses (including personnel, in his discretion and without regard to any provision of law regulating employment and pay of persons in the Government service or regulating expenditures of Government funds) incurred with respect thereto, $1,000,000.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote>This title may be cited as the “<shortTitle role="title">Executive Office Appropriations Act, 1977</shortTitle>”.</p> </content></appropriations> <num value="IV">TITLE IV—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Independent Agencies Appropriations Act, 1977.</p></sidenote><heading class="inline">INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>Administrative Conference of title United States</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Administrative Conference of the United States, established by the Administrative Conference Act, as amended (5 U.S.C. 571 et seq.), $880,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Advisory Committee on Federal Pay</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Advisory Committee on Federal Pay, established by 5 U.S.C. 5306, $215,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Advisory Committee on Intergovernmental Relations</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the provisions of the Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4271">42 USC 4271</ref>.</p></sidenote>September 24, 1959, as amended (73 Stat. 703–706), $1,301,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Civil, Service Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and advances or reim-<page identifier="/us/stat/90/969">90 STAT. 969</page>bursements to applicable funds of the Commission and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended; $102,328,000 together with not <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287 note</ref>.</p></sidenote>to exceed $24,365,000 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Commission in amounts determined by the Commission without regard to other statutes: <proviso><i>Provided</i>, That the provisions of this appropriation shall not affect the authority to use applicable trust, funds for administrative expenses of effecting statutory annuity adjustments. No part of the appropriation herein made to the Civil Service Commission shall be available for the salaries and expenses of the Legal Examining Unit of the Commission, established pursuant to Executive Order 9358 of July 1, 1943, or any successor <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/cfr/t3/s1943/1948/p256">3 CFR 1943–1948 Comp., p. 256</ref>.</p></sidenote>unit of like purpose.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Government Payment for Annuitants, Employees Health Benefits</heading> <content>For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s8901/etseq">5 USC 8901 <i>et seq</i></ref>.</p></sidenote>and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, $451,844,000.</content></appropriations> <appropriations level="intermediate"><heading>Payment to Civil Service Retirement and Disability Fund</heading> <content>For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special acts, to be credited to the Civil Service retirement and disability funds, $2,874,955,000: <proviso><i>Provided</i>, That annuities authorized by the Act of May 29, 1944, as <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s776">33 USC 776</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s776">33 USC 776</ref>.</p></sidenote>amended (2 C.Z.C. 181) and the Act or August 19, 1950, as amended (33 U.S.C. 771–775) may hereafter be paid out of the Civil Service retirement and disability fund.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Federal Labor Relations Council</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out functions of the Civil Service Commission under Executive Order No, 11491 of October 29, 1969, as amended, $1,565,000: <proviso><i>Provided</i>, That public members of the Federal <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s7301">5 USC 7301 note</ref>.</p></sidenote>Service Impasses Panel may be paid travel expenses per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government Service, and compensation as authorized by 5 U.S.C. 3109.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Intergovernmental Personnel Assistance</heading> <content>For grants to improve State and local personnel administration, as authorized by the Intergovernmental Personnel Act of 1970, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4701">42 USC 4701 note</ref>.</p></sidenote>$15,000,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Commission on Executive, Legislative, and Judicial Salaries</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Commission on Executive, Legislative, and Judicial Salaries, authorized by section 225 of the Postal <page identifier="/us/stat/90/970">90 STAT. 970</page><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s351/361">2 USC 351–361</ref>.</p></sidenote> Revenue and Federal Salary Act of 1967 (81 Stat. 642–645), $100,000, to remain available until expended.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Commission on the Review of the National Policy Toward Gambling</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out functions of the Commission on the Review of the National Policy Toward Gambling, established by section 804 of the Organized Crime Control Act of 1970 (P.L. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t18/s1955">18 USC 1955 note</ref>.</p></sidenote>91–452; 84 Stat. 938), $265,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Committee for Purchase From the Blind and Other Severely Handicapped</heading> <appropriations level="small"><heading>salaries And expenses</heading> <content>For expenses necessary for the Committee for Purchase from the Blind and Other Severely Handicapped established by the Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t41/s46">41 USC 46</ref>.</p></sidenote>June 23, 1971, Public Law 92–28, including hire of passenger motor vehicles, $316,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Election Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the provisions of the Federal <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431 note</ref>.</p></sidenote>Election Campaign Act Amendments of 1974, $6,000,000.</content></appropriations></appropriations> <appropriations level="major"><heading>GENERAL SERVICES ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Disposal of Surplus Real and Related Personal Property, Operating Expenses</heading> <content>Not to exceed $6,205,000 of any proceeds received by the General Services Administration during the current fiscal year from transfers of excess property and the disposal of surplus real and related personal property shall be deposited to this appropriation, and shall be available for necessary expenses incurred in the Federal Buildings Fund in carrying out surplus property functions, pursuant to the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460 <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s460l/5">16 USC 460<i>l</i>–5</ref>.</p></sidenote>1–5).</content></appropriations> <appropriations level="intermediate"><heading>Federal Buildings Fund</heading> <appropriations level="small"><heading>limitations on availability of revenue</heading> <content> <p class="firstIndent1 fontsize10">The revenues and collections deposited into a fund pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings and moving; repair and <page identifier="/us/stat/90/971">90 STAT. 971</page>alteration of federally owned buildings, including grounds, approaches and appurtenances; care end safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by purchase contract; in the aggregate amount of $1,130,755,009 of which (1) not to exceed $28,400,000 shall remain available until expended for construction of additional projects as authorized by law at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows:</p> <list> <listItem><listContent class="indent1 fontsize10 depth0">New Construction:</listContent> <list> <listItem><listContent class="indent1 fontsize10 depth1">California:</listContent> <list> <listItem><listContent class="indent1 fontsize10 depth0">Los Angeles, Parking Facility, $5,665,000</listContent></listItem> </list></listItem> <listItem><listContent class="indent1 fontsize10 depth1">Hawaii:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth2">Honolulu, Prince J. K. Kalanianaole Federal Building Courthouse, $3,500,000</listContent></listItem> </list></listItem> <listItem><listContent class="indent1 fontsize10 depth1">Illinois:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth2">East St. Louis, Courthouse and Federal Building, $5,365,000</listContent></listItem> </list></listItem> <listItem><listContent class="indent1 fontsize10 depth1">Michigan:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth2">Detroit, Patrick V. McNamara Federal Office Building, $800,000</listContent></listItem> </list></listItem> <listItem><listContent class="indent1 fontsize10 depth1">New York:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth2">New York, Customs Courthouse Federal Office Building Annex, $1,500,000</listContent></listItem> </list></listItem> <listItem><listContent class="indent1 fontsize10 depth1">Washington:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth2">Blaine, Border Station, $3,159,000</listContent></listItem> </list></listItem> <listItem><listContent class="indent1 fontsize10 depth1">Wisconsin:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth2">Madison, Courthouse, $5,778,000</listContent></listItem> </list></listItem></list></listItem></list> <list> <listItem><listContent class="indent0 fontsize10 depth0">Conversions:</listContent> <list> <listItem><listContent class="indent1 fontsize10 depth1">Georgia:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth2">Atlanta, Post Office and Courthouse, $1,830,000</listContent></listItem> <listItem><listContent class="indent2 fontsize10 depth2">Augusta, Post Office and Courthouse, $803,000</listContent></listItem></list></listItem> </list></listItem></list> <p class="indent0 firstIndent0 fontsize10"><proviso><i>Provided</i>, That the immediately foregoing limits of costs may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum: (2) not to exceed $60,700,000, which shall remain available until expended for alterations and major repairs; (3) not to exceed $92,000,000 for payment on purchase contracts entered into prior to July 1, 1975: (4) not to exceed $473,200,000 for rental of space; (5) not to exceed $414,905,000 for real property operations: and (6) not to exceed $61,550,000 for program direction and centralized services:</proviso> <proviso><i>Provided further</i>, That for the purposes of this authorization, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C. 490) and buildings under the control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of General Services Administration shall be considered to be federally owned buildings:</proviso> <proviso><i>Provided further</i>, That amounts necessary to provide reimbursable special services to other agencies under Section 210(f) (6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f) (6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership <page identifier="/us/stat/90/972">90 STAT. 972</page>or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, as amended, shall be available from such revenues and collections:</proviso> <proviso><i>Provided further</i>, That any revenues and collections and any other sums accruing to this fund during fiscal year 1977, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f) (6)), in excess of $1,156,018,000 shall be deposited in miscellaneous receipts of the Treasury of the United States.</proviso></p> </content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Supply Service</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For expenses, not otherwise provided, necessary for supply distribution (including contractual services incident to receiving, handling and shipping supply items), procurement, inspection, standardization, and supply management activities us authorized by law, transportation, public utilities, the utilization of excess property, the disposal of surplus property, the rehabilitation of personal property, the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–9811), the supplemental stockpile established by section 104(b) of the Agricultural Trade Developmental and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1704">7 USC 1704</ref>.</p></sidenote>Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the inventory maintained under the Defense Production Act of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s2061">50 USC app. 2061</ref>.</p></sidenote>1950, as amended (50 U.S.C. 2061–2166), including services as authorized by 5 U.S.C. 3109, $154.266,000; <proviso><i>Provided</i>, That during the current fiscal year the General Services Administration is authorized to acquire leasehold interests in property, for periods not in excess of twenty years, for the storage, security, and maintenance of strategic, critical, and other materials in the national and supplemental stockpiles, provided said leasehold interests are at nominal cost to the Government:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year there shall be no limitation on the value of surplus strategic and critical materials which, in accordance with section 6 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e), may be transferred without reimbursement to the national stockpile:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year materials in the inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061–2166), and excess materials in the national stockpile and supplemental stockpile, the disposition of which is authorized by law, shall be available, without reimbursement, for transfer at fair market value to contractors as payment for expenses (including transportation and other accessorial expenses) of acquisition of materials, or of refining, processing, or otherwise beneficiating materials, or of rotating materials, pursuant to section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), and of processing and refining materials pursuant to section 303(d) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093(d)).</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>National Archives and Records Service</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For necessary expenses in connection with Federal records management and related activities, as provided by law, including reimbursement for security guard services, contractual services incident to <page identifier="/us/stat/90/973">90 STAT. 973</page>movement or disposal of records, and acceptance and utilization of voluntary and uncompensated services, $64,219,000, of which $3,000,000 for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, as amended, shall remain available until expended.</content></appropriations> <appropriations level="small"><heading>records declassification</heading> <content>For expenses necessary for the review and declassification of documents, and related records management activities, pursuant to Executive Order 11652, directives issued pursuant thereto, and other <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s401">50 USC 401 note</ref>.</p></sidenote>applicable authorities, including expenses not otherwise provided for, and acceptance and utilization of voluntary and uncompensated services, $1,410,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Automated Data and Telecommunications Service</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For expenses, not otherwise provided, necessary for carrying out Government-wide responsibilities relating to automated data management, telecommunications and related activities, as authorized by law, including services as authorized by 5 U.S.C. 3109, $7,475,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>Federal Preparedness Agency</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for emergency preparedness functions, including activities authorized by 50 U.S.C. 404(b) (3), and 50 U.S.C. app. 2251–2297, and the disposal of excess materials in the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1704">7 USC 1704</ref>.</p></sidenote>inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. 2061–2166), including services as authorized by <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s2061">50 USC app. 2061</ref>.</p></sidenote>5 U.S.C. 3109 and expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency planning, and the provision of transportation in connection with the continuity of Government program, to the same extent and in the same manner as permitted the Secretary of a military department under 10 U.S.C. 2632, $16,296,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>General Management and Agency Operations</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses of general management and agency operations of activities under the control of the General Services Administration, $6,616,000: <proviso><i>Provided</i>, That not to exceed $2,500 shall be available for reception and representation expenses.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Indian Trust Accounting</heading> <content>For expenses necessary to provide accounting records management, and other support incident to adjudication of Indian Tribal claims by the Indian Claims Commission, $2,702,000: <proviso><i>Provided</i>, That none of these funds shall be available for transfer to any other account.</proviso></content></appropriations> <page identifier="/us/stat/90/974">90 STAT. 974</page> <appropriations level="intermediate"><heading>Allowances and Office Staff for Former Presidents</heading> <content>For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), $280,000: <proviso><i>Provided</i>, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of sections (a) and (c) of such Act.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Expenses, Presidential Transition</heading> <content>For expenses necessary to carry out the provisions of the Presidential Transition Act of 1963, as amended (3 U.S.C. 102, note), $900,000.</content></appropriations> <appropriations level="intermediate"><heading>Administrative and Staff Support Services</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For administrative expenses necessary in providing general administrative and staff support services within the General Services Administration, not otherwise provided for, $72,219,000: <proviso><i>Provided</i>, That this appropriation shall be available, subject to reimbursement by the applicable agency, for services performed for other agencies pursuant to section 601 of the Economy Act of 1932, as amended (31 U.S.C. 686).</proviso></content></appropriations></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions—General Services Administration</heading> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Sec</inline>. 1. </num> <content>The appropriate appropriation or fund available to the General Services Administration shall be credited with (I) cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129); and (2) appropriations or funds available to other agencies, and transferred to the General Services Administration, in connection with property transferred to the General Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C. 451ff), and such appropriations or funds may be so transferred, with the approval of the Office of Management and Budget.</content> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <content>Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.</content> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num> <content>None of the funds available under this Act or under section 111 of the Federal Property and Administrative Services Act <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s759">40 USC 759</ref>.</p></sidenote>of 1949 shall be obligated or expended for the procurement by purchase, lease or any other arrangement, in whole or in part, of any or all the automatic data processing system, data communications network, or related software and services for the joint General Services Administration-Department, of Agriculture MGS project 97–72 contained in the Request for Proposal CDPA 74–14, any successor to such project, or any other common user shared facilities authorized under section 111 of the Federal Property and Administrative Services Act of 1949.</content></section></level> <appropriations level="intermediate"><heading>Harry S Truman Scholarship Foundation</heading> <appropriations level="small"><heading>payment to the harry s truman memorial scholarship trust fund</heading> <content>For payment to the Harry S Truman Memorial Scholarship Trust Fund, $20,000,000.</content></appropriations></appropriations> <page identifier="/us/stat/90/975">90 STAT. 975</page> <appropriations level="intermediate"><heading>National Commission on Electronic Fund Transfers</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses to carry out the provisions of title II of Public Law 93–495, $1,300,000, to remain available until expended. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t12/s2401">12 USC 2401</ref>.</p></sidenote></content></appropriations></appropriations> <appropriations level="intermediate"><heading>National Center for Productivity and Quality of Working Life</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the National Center for Productivity and Quality of Working Life, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,750,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>National Commission on Supplies and Shortages</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses to carry out the provisions of the National Commission on Supplies and Shortages Act (Public Law 93–426), <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s2169">50 USC app. 2169</ref>.</p></sidenote>including personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, $360,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>National Study Commission on Records and Documents of Federal Officials</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the provisions of title II of the Act of December 19, 1974 (Public Law 93–526), as amended by Public <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t44/s3315">44 USC 3315 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t44/s3318/3322">44 USC 3318, 3322</ref>.</p></sidenote>Law 92–261 (44 U.S.C. 33), $350,000.</content></appropriations></appropriations> <appropriations level="intermediate"><heading>United States Tax Court</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $7,222,000: <proviso><i>Provided</i>, That travel <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s7443">26 USC 7443</ref>.</p></sidenote>expenses of the judges shall be paid upon the written certificate of the judge.</proviso></content></appropriations></appropriations> <appropriations level="intermediate"><heading>Defense Civil Preparedness Agency</heading> <appropriations level="small"><heading>operation and maintenance</heading> <content>For expenses, not otherwise provided for, necessary for carrying out civil defense activities including the hire of motor vehicles; and financial contributions to the States for civil defense purposes, as authorized by law; $65,000,000: <proviso><i>Provided</i>, That not to exceed $29,600,000 shall be available for allocation under section 205 of the Federal Civil Defense Act of 1950, as amended. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s2236">5 USC app. 2236</ref>.</p></sidenote></proviso></content></appropriations> <appropriations level="small"><heading>research, shelter survey, and marking</heading> <content>For expenses, not otherwise provided for, necessary for studies and research to develop measures and plans for civil defense; continuing shelter surveys, marking, and equipping surveyed spaces; and finan-<page identifier="/us/stat/90/976">90 STAT. 976</page>cial contributions to the States under section 201 (i) of the Federal <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s2281">50 USC app. 2281</ref>.</p></sidenote>Civil Defense Act, which shall be equally matched for emergency operating centers and civil defense equipment; $17,500,000.</content></appropriations></appropriations> <level> <heading class="smallCaps centered">General Provisions—Civil Defenses</heading> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Sec</inline>. 1. </num> <content>Appropriations contained in this Act for carrying out civil defense activities shall not be available in excess of the limitations on appropriations contained in section 408 of the Federal Civil Defense Act, as amended (50 U.S.C. App. 2260).</content> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <content> <p class="inline">No part of any appropriation in this Act shall be available for the construction of warehouses or for the lease of warehouse space in any building which is to be constructed specifically for civil defense activities.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Citation of title.</p></sidenote> This title may be cited as the “<shortTitle role="title">Independent Agencies Appropriations Act, 1977</shortTitle>”.</p> </content> </section> </level> <num value="V">TITLE V—</num><heading class="inline">GENERAL PROVISIONS</heading> <section> <heading class="smallCaps centered">This Act</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content>Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amount set forth therefor in the budget estimates submitted for the appropriations: <proviso><i>Provided</i>, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Employees, military leave, position restoration.</p></sidenote><content class="inline">No part of any appropriation contained in this Act shall be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Civil Service Commission as still qualified to perform the duties of his former position and has not been restored thereto.</content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Offices outside D.C., limitation.</p></sidenote><content class="inline">No part of any appropriation made available in this Act shall be used for the purchase or sale of real estate or for the purpose of establishing new offices inside or outside the District of Columbia: <proviso><i>Provided</i>, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Fiscal year limitation.</p></sidenote><content class="inline">No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Foreign made tools, procurement restriction.</p></sidenote><content class="inline">No part of any appropriation contained in this Act shall be available for the procurement of or for the payment of the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possession except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of <page identifier="/us/stat/90/977">90 STAT. 977</page>hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions or except in accordance with procedures prescribed by section 6–104.4 (b) of Armed Services Procurement Regulation dated January 1, I960, as such regulation existed on June 15, 1970. This section shall be applicable to all solicitations for bids opened after its enactment.</content> </section> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <content>The General Services Administration is authorized to <sidenote><p class="indent0 firstIndent0 fontsize8">Property exchange.</p></sidenote>negotiate and accept the conveyance to the United States of approximately 930 acres of land presently owned by Skyway-to-Highway, Incorporated adjacent to the West and Northwest boundaries of Dulles International Airport, in exchange for conveyance to Skyway-to-Highway, Incorporated of property of approximately equal value selected by the General Services Administration from any surplus Federal real properties. Acceptance by the United States of any exchange proposal is contingent upon review by the appropriate committees of the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent0 fontsize8">Stainless steel flatware, procurement.</p></sidenote>be available for the procurement of, or for the payment of, the salary of any person engaged in the procurement of stainless steel flatware not produced in the United States or its possessions, except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of stainless steel flat ware produced in the United States or its possessions, cannot be procured as and when needed from sources in the United States and its possessions, or except in accordance with procedures provided by section 6–104.4(b) of Armed Services Procurement Regulation, dated January 1, 1969. This section shall be applicable to all solicitations for bids issued after its enactment.</content> </section> <num value="VI">TITLE VI—</num><heading class="inline">GENERAL PROVISIONS</heading> <section> <heading class="smallCaps centered">Departments, Agencies, and Corporations</heading> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content>Unless otherwise specifically provided the maximum <sidenote><p class="indent0 firstIndent0 fontsize8">Motor vehicle purchase.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s638c">31 USC 638c</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s638a">31 USC 638a</ref>.</p></sidenote>amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $2,700 except station wagons for which the maximum shall be $3,100: <proviso><i>Provided</i>, That these limits may be exceeded by not to <sidenote><p class="indent0 firstIndent0 fontsize8">Police-type vehicles.</p><p class="indent0 firstIndent0 fontsize8">Citizenship requirement for employees.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s699b">31 USC 699b</ref>.</p></sidenote>exceed $1,700 for police-type vehicles.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <content>Unless otherwise specified and during the current fiscal year no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, or (4) is an alien from Cuba, Poland, South Viet Nam, or the Baltic countries lawfully admitted to the United States for permanent residence: <proviso><i>Provided</i>, That, for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been <page identifier="/us/stat/90/978">90 STAT. 978</page>complied with:</proviso> <proviso><i>Provided further</i>, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be lined not more than $4,000 or imprisoned for not more than one year, or both:</proviso> <proviso><i>Provided further</i>, That the above penal-clause shall be in addition to, and not in substitution for any other provisions of existing law:</proviso> <proviso><i>Provided further</i>, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Foreign credits.</p></sidenote><content class="inline">Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924.</content> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Quarters allowances.</p></sidenote><content class="inline">No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.</content> </section> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Nominees not approved, compensation restriction.</p></sidenote><content class="inline">Funds made available by this or any other Act for administrative expenses in the current, fiscal year of the corporations and agencies subject to the Government Corporation Control Act, as amended (31 U.S.C. 841), shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: <proviso><i>Provided</i>, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Administrative expense funds.</p></sidenote><content class="inline">Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: <proviso><i>Provided</i>, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury.</proviso></content></section> <section class="firstIndent1 fontsize10"> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Publicity or propaganda.</p></sidenote><content class="inline">No part of any appropriation contained in this or any other Act, or of the funds available for expenditure by any corporation or agency, shall be used for publicity’ or propaganda purposes designed to support or defeat legislation pending before Congress.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">U.S. Postal Service employees, communication with Congress.</p></sidenote><chapeau class="inline">No part of any appropriation contained in this Act shall be available for the payment of the salary of any officer or employee of the United States Postal Service, who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection <page identifier="/us/stat/90/979">90 STAT. 979</page>with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denied promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any Member or committee of Congress as described in paragraph (1) of this subsection.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num> <content>No part of any appropriation contained in this or any <sidenote><p class="indent0 firstIndent0 fontsize8">Interdepartmental groups, expenses.</p></sidenote>other Act, shall be available to finance interdepartmental boards, commissions, councils, committees, or similar groups under section 214 of the Independent Offices Appropriations Act, 1946 (31 U.S.C. 691) which do not have prior and specific congressional approval of such method of financial support.</content> </section> <section class="firstIndent1 fontsize10"> <num value="609"><inline class="smallCaps">Sec</inline>. 609. </num> <content>Appropriations available to any department or agency <sidenote><p class="indent0 firstIndent0 fontsize8">Space and service charges and building improvements.</p></sidenote>during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements, performed in accordance with the Public Buildings Act of 1059 (73 Stat. 749), the Public <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s601">40 USC 601 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603 note</ref>.</p></sidenote>Buildings Amendments of 1972 (86 Stat. 216), or other applicable law.</content> </section> <section class="firstIndent1 fontsize10"> <num value="610"><inline class="smallCaps">Sec</inline>. 610. </num> <content>Funds made available by this or any other Act to the fund <sidenote><p class="indent0 firstIndent0 fontsize8">U.S. or Postal Service guards, funds.</p></sidenote>created by the Public Buildings Amendments of 1972 (86 Stat, 216), and the “Postal Service fund” (39 U.S.C. 2008), shall be available for employment of guards for all buildings and areas owned or occupied by the United States or the Postal Service and under the charge and control of the General Services Administration or the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain Federal property as otherwise required by the proviso contained in said section, and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b) attaching thereto penal consequences under the authority and wit hut the limits provided in section 4 of the Act of June 1, 1948 (62 Stat. 281;40 U.S.C. 318c).</content> </section> <section class="firstIndent1 fontsize10"> <num value="611"><inline class="smallCaps">Sec</inline>. 611. </num> <content>None of the funds available under this Act shall be available for administrative expenses in connect ion with the transfer of any functions, personnel, facilities, equipment, or funds out of the United States Customs Service unless such transfers have been specifically authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="612"><inline class="smallCaps">Sec</inline>. 612. </num> <content>None of the funds available under this Act shall be available <sidenote><p class="indent0 firstIndent0 fontsize8">Border control activities.</p></sidenote>for administrative expenses for the purpose of transferring the border control activities of the United States Customs Service to any other agency of the Federal Government.</content> </section> <page identifier="/us/stat/90/980">90 STAT. 980</page> <section class="firstIndent1 fontsize10"> <num value="613"><inline class="smallCaps">Sec</inline>. 613. </num> <content>No part of any appropriation contained in, or funds made available by, this or any other Act shall be available for any agency to pay to the Administrator of the General Services Administration a higher rate per square .foot for rental of space and services (established pursuant to section 210(j) of the Federal Property and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote>Administrative Services Act of 1949, as amended) than such agency included in its budget for the current fiscal year and for which appropriations were granted.</content> </section> <section class="firstIndent1 fontsize10"> <num value="614"><inline class="smallCaps">Sec</inline>. 614. </num> <content> <p class="inline">None of the funds available under this or any other Act shall be available for administrative expenses in connection with the designation for construction, arranging for financing, or execution of contracts or agreements for’ financing or construction of any additional purchase contract projects pursuant to section 5 of the Public <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t40/s602a">40 USC 602a</ref>.</p></sidenote>Buildings Amendments of 1972 (Public Law 92–313) during the period beginning October 1, 1976, and ending September 30, 1977.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Short title.</p></sidenote> This Act may be cited as the “<shortTitle role="act">Treasury, Postal Service, and General Government Appropriation Act, 1977</shortTitle>”.</p> </content> </section>
Approved July 14, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1229 (Comm. on Appropriations) and No. 94–1299 (Comm. of Conference). SENATE REPORT No. 94–953 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 14, considered and passed House.

June 24, considered and passed Senate, amended.

June 30, House agreed to conference report; receded and concurred in Senate amendments; Senate agreed to conference report.

 Public Law 94–364: To amend the Motor Vehicle Information and Cost Savings Act to authorize appropriations, to require the establishment of a special motor vehicle diagnostic inspection demonstration project, to provide additional authority for enforcing prohibitions against motor vehicle odometer tampering, and for other purposes. Public Law 364 Public Law 94–364 90 Stat. 981 1976-07-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 981 Public Law 94–364 94th Congress
An Act To amend the Motor Vehicle Information and Cost Savings Act to authorize appropriations, to require the establishment of a special motor vehicle diagnostic inspection demonstration project, to provide additional authority for enforcing prohibitions against motor vehicle odometer tampering, and for other purposes.

July 14, 1976

[S. 1518]

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

Motor Vehicle Information and Cost Savings Act Amendments of 1976.

15 USC 1901 note.
short title Section 1. This Act may be cited as the “Motor Vehicle Information and Cost Savings Act Amendments of 1976”.
<num value="I">TITLE I—</num><heading class="inline">AMENDMENT TO TITLE I</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>Section 111 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1921) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="111"><inline class="smallCaps">“Sec</inline>. 111. </num> <content>There are authorized to be appropriated to carry out this title $125,000 for the fiscal year ending June 30, 1976; $75,000 for the period beginning July 1, 1976, and ending September 30, 1976; $130,000 for the fiscal year ending September 30, 1977; and $395,000 for the fiscal year ending September 30, 1978.”.</content> </section> </quotedContent></content> </section> <num value="II">TITLE II—</num><heading class="inline">AMENDMENTS TO TITLE II</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>Section 201(d) of the Motor Vehicle Information and Cost <sidenote><p class="indent0 firstIndent0 fontsize8">Compilation of information, distribution rule.</p></sidenote>Savings Act (15 U.S.C. 1941(d)) is amended by inserting at the end thereof the following: “<quotedText>The Secretary may by rule require automobile dealers to distribute to prospective purchasers any information compiled pursuant to this subsection.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>Section 209 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1949) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="209"><inline class="smallCaps">“Sec</inline>. 209. </num> <content>There are authorized to be appropriated to carry out this title $1,875,000 for the fiscal year ending June 30, 1976; $500,000 for the period beginning July 1, 1976, and ending September 30, 1976; $3,385,000 for the fiscal year ending September 30, 1977; and $3,375,000 for the fiscal year ending September 30, 1978.”.</content></section> </quotedContent></content> </section> <num value="III">TITLE III—</num><heading class="inline">AMENDMENTS TO TITLE III</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau>Section 303 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1963) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>June 30, 1976</quotedText>” in subsection (b) and inserting in lieu thereof “<quotedText>September 30, 1977</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><content>by adding at the end thereof the following new subsection: <page identifier="/us/stat/90/982">90 STAT. 982</page> <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Motor vehicle diagnostic inspection demonstration projects, assistance.</p></sidenote><content class="inline">The Secretary shall approve such applications and take such other action as may be necessary to provide that at least three motor vehicle diagnostic Inspection demonstration projects receive financial assistance under grants under this part through September 30, 1077.”.</content> </subsection> </quotedContent></content></paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>Section 311 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1963a) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“fuel efficiency</heading> <num value="311"><inline class="smallCaps">“Sec</inline>. 311. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary shall establish a special motor vehicle diagnostic inspection demonstration project to assist in the research, rapid development, and evaluation of advanced inspection, analysis, and diagnostic equipment suitable for use by any State in any high volume inspection facility designed to assess the safety, noise, emissions, and fuel efficiency of motor vehicles. Motor vehicles shall be inspected at such project for purposes of (1) evaluating the conditions of parts, components, and repairs which may be necessary to comply with State and Federal safety, noise, and emissions standards, and (2) assisting the motor vehicle owner in achieving optimum fuel and main ten a nee economy.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Evaluation.</p><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote><content class="inline">The Secretary shall evaluate, to the extent feasible, the existing diagnostic analysis and test, equipment available for use in small automotive repair establishments and report to the Congress, within two years after the enactment of the Motor Vehicle Information and Cost Savings Act Amendments of 1976, as to the scope of research and development required to make such equipment, compatible with State motor vehicle inspection and diagnostic equipment. The report shall assess the extent to which private industry can supply small automotive repair shops with low-cost test equipment which can be used to monitor compliance with Federal safety, noise, and emissions standards promulgated by the Secretary, the Administrator of the Environmental Protection Agency, and by State or local regulatory agencies.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <chapeau>In carrying out this section, the Secretary shall provide—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">EPA Administrator, assistance.</p></sidenote><content class="inline">the Administrator of the Environmental Protection Agency with an opportunity to assist, to the extent such assistance relates to noise and emissions, in the establishment of the special motor vehicle diagnostic, inspection demonstration project under subsection (a) and the evaluation of existing diagnostic and test equipment under subsection (b); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">FEA Administrator, assistance.</p></sidenote><content class="inline">the Administrator of the Federal Energy Administration with an opportunity to assist, to the extent such assistance relates to fuel efficiency, in the establishment of such project and the evaluation of such equipment.”.</content> </paragraph></subsection> </section> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>Section 321 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1964) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="321"><inline class="smallCaps">“Sec</inline>. 321. </num> <content>There are authorized to be appropriated to carry out this title $5,000,000 for the fiscal year ending June 30, 1976; $500,000 for the period beginning July 1, 1976, and ending September 30, 1976; <page identifier="/us/stat/90/983">90 STAT. 983</page>$7,500,000 for the fiscal year ending September 30, 1977; and $4,400,000 for the fiscal year ending September 30, 1978. Sums appropriated under this section shall remain available until expended.”.</content> </section> </quotedContent></content></section> <num value="IV">TITLE IV—</num><heading class="inline">AMENDMENTS TO TITLE IV</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <chapeau>Section 402 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1982) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inserting before paragraph (3), as redesignated, the following new paragraphs; <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘dealer means any person who has sold 5 or more <sidenote><p class="indent0 firstIndent0 fontsize8">“Dealer.”</p></sidenote>motor vehicles in the past 12 months to purchasers who in good faith purchase such vehicles for purposes other than resale.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘distributor’ means any person who has sold 5 <sidenote><p class="indent0 firstIndent0 fontsize8">“Distributor.</p></sidenote>or more vehicles in the past 12 months for resale.”.</content> </paragraph> </quotedContent></content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>The first sentence of section 403 of the Motor Vehicle <sidenote><p class="indent0 firstIndent0 fontsize8">Odometers.</p></sidenote>Information and Cost Savings Act (15 U.S.C. 1983) is amended to read as follows: “<quotedText>No person shall advertise for sale, sell, use, or install or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage driven.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>Section 404 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1984) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“unlawful change of mileage</heading> <num value="404"><inline class="smallCaps">“Sec</inline>. 404. </num> <content>No person shall disconnect, reset, or alter or cause to be disconnected, reset, or altered, the odometer of any motor vehicle with intent to change the number of miles indicated thereon.”.</content></section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <content>Section 405 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1985) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“operation with intent to defraud</heading> <num value="405"><inline class="smallCaps">“Sec</inline>. 405. </num> <content>No person shall, with intent to defraud, operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional.”.</content></section> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <content>Section 407 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1987) is amended by (1) inserting “<quotedText>(a)</quotedText>” immediately after “<quotedText><inline class="smallCaps">Sec</inline>. 407.</quotedText>”; (2) striking out the last sentence thereof; and (3) adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>No person shall fail to adjust an odometer or affix a notice regarding such adjustment as required pursuant to subsection (a) of this section.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No person shall, with intent to defraud, remove or alter any notice affixed to a motor vehicle pursuant to subsection (a) of this section.”.</content> </paragraph></subsection> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <content>Section 408(b) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1988(b)) is amended to read as follows: <page identifier="/us/stat/90/984">90 STAT. 984</page> <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>No transferor shall violate any rule prescribed under this section or give a false statement to a transferee in making any disclosure required by such rule.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>No transferee who, for purposes of resale, acquires ownership of a motor vehicle shall accept any written disclosure required by any rule prescribed under this section if such disclosure is incomplete.”.</content> </subsection> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="407"><inline class="smallCaps">Sec</inline>. 407. </num> <content>Section 410 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1990) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“injunctive enforcement</heading> <num value="410"><inline class="smallCaps">“Sec</inline>. 410. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Jurisdiction.</p></sidenote><content class="inline">The United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t28">28 USC app</ref>.</p></sidenote>(b) of the Federal Rules of Civil Procedure, to restrain violations of this title, or rules, regulations, or orders issued thereunder. Such actions may be brought by the Attorney General in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found, is an inhabitant, or transacts business. In any action brought under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Subpenas.</p></sidenote><content class="inline">In any action brought under this title, subpenas for witnesses who are required to attend a United States district court may run into any other district.”.</content> </subsection></section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="408"><inline class="smallCaps">Sec</inline>. 408. </num> <chapeau>Title IV of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1981 et seq.) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1991/1981">15 USC 1991, 1981 notes</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990">15 USC 1990</ref>.</p></sidenote><content class="inline">redesignating sections 411,412, and 413 as sections 418,419, and 420, respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inserting immediately after section 410 the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“state enforcement</heading> <num value="411"><inline class="smallCaps">“Sec</inline>. 411. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990a">15 USC 1990a</ref>.</p></sidenote><chapeau class="inline">If any person violates any requirement imposed under this title, the chief law enforcement officer of the State in which such violation occurred may bring any action to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>restrain such violation; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num><content>recover amounts for which such person is liable under section <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1989">15 USC 1989</ref>.</p></sidenote>409 to each person on whose behalf such action is brought.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>Any action under subsection (a) of this section may be brought within two years from the date on which the liability arises—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>without regard to the amount in controversy, in any appropriate district court of the United States, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>in any court of competent jurisdiction of any State.</content></paragraph></subsection> </section> <section> <heading class="smallCaps centered">“civil penalty</heading> <num value="412"><inline class="smallCaps">“Sec</inline>. 412. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990b">15 USC 1990b</ref>.</p></sidenote><content class="inline">Any person who commits any act or causes to be done any act that violates any provision of this title or omits to do any act or causes to be omitted any act that is required by any such provision shall be subject to a civil penalty not to exceed $1,000 for each such violation. A violation of any such provision shall, for purposes of this section, constitute a separate violation with respect to each motor vehicle or device involved, except that the maximum civil penalty shall not exceed $100,000 for any related series of violations.</content></subsection> <page identifier="/us/stat/90/985">90 STAT. 985</page> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>Any civil penalty under this section shall be assessed by the Secretary and collected in a civil action brought by the Attorney General on behalf of the United States. Before referral of civil penalty claims to the Attorney General, civil penalties may be compromised by the Secretary after affording the person charged with a violation of any section of this title an opportunity to present views and evidence in support thereof to establish that the alleged violation did not occur. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.</content></subsection> </section> <section> <heading class="smallCaps centered">“criminal penalties</heading> <num value="413"><inline class="smallCaps">“Sec</inline>. 413. </num><subsection class="inline"><num value="a">(a) </num><content>Any person who knowingly and willfully commits <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990c">15 USC 1990c</ref>.</p></sidenote>any act or causes to be done any act that violates any provision of this title or knowingly and willfully omits to do any act or causes to be omitted any act that is required by any such provision shall be fined not more than $50,000 or imprisoned not more than one year, or both.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of any section of this title shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).</content></subsection> </section> <section> <heading class="smallCaps centered">“inspections and investigations</heading> <num value="414"><inline class="smallCaps">“Sec</inline>. 414. </num><subsection class="inline"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><content>The Secretary is authorized to conduct any <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990d">15 USC 1990d</ref>.</p></sidenote>inspection or investigation necessary to enforce this title or any rules, regulations, or orders issued thereunder. Information obtained indicating noncompliance with this title or any rules, regulations, or orders issued thereunder, may be referred to the Attorney General for investigative consideration. In making investigations under this <sidenote><p class="indent0 firstIndent0 fontsize8">Cooperation.</p></sidenote>paragraph, the Secretary shall cooperate with appropriate State and local officials to the greatest extent possible consistent with the purposes of this subsection.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>For purposes of carrying out paragraph (1) of this subsection, officers or employees duly designated’ by the Secretary, upon stating their purpose and presenting appropriate credentials and written notice (which notice may consist of an administrative inspection warrant) to the owner, operator, or agent in charge, are authorized at reasonable times and in a reasonable manner—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to enter (i) any factory, warehouse, establishment, or other commercial premises in or on which motor vehicles or items of motor vehicle equipment are manufactured, held for shipment or sale, maintained, or repaired, or (ii) any noncommercial premises in or on which the Secretary reasonably believes that there is a motor vehicle or item of motor vehicle equipment that has been the object of a violation of this title;</content> </subparagraph> <page identifier="/us/stat/90/986">90 STAT. 986</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Impoundment.</p></sidenote><content class="inline">to impound, for a period not to exceed 72 hours, for purposes of inspection, any motor vehicle or item of motor vehicle equipment that the Secretary reasonably believes to have been the object of a violation of this title; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to inspect any factory, warehouse, establishment, premises, vehicle, or equipment referred to in subparagraph (A) or (B) of this paragraph.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Each inspection or impoundment under this paragraph shall be commenced and completed with reasonable promptness.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Compensation.</p></sidenote><content class="inline">Whenever, under the authority of paragraph (2) (B) of this subsection, the Secretary impounds for the purpose of inspection any motor vehicle (other than a vehicle subject to part II of the Interstate <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s301">49 USC 301</ref>.</p></sidenote>Commerce Act) or any item of motor vehicle equipment, he shall pay reasonable compensation to the owner of such vehicle or equipment to the extent that such inspection or impounding results in the denial of the use of the vehicle or equipment to its owner or in the reduction in value of the vehicle or equipment.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>For the purpose of enabling the Secretary to determine whether any dealer or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder, each dealer and distributor shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Record maintenance.</p></sidenote><content class="inline">maintain such records as the Secretary may reasonably require to make such determination;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>permit an officer or employee duly designated by the Secretary, upon request of such officer or employee, to inspect appropriate books, papers, records, and documents relevant to making such determination; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>provide such officer or employee information from records required to be maintained under this subsection as the Secretary finds necessary for such determination if the Secretary (A) provides the reason or purpose for requiring such information, and (B) identifies to the fullest extent practicable such information.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Nothing in this subsection authorizes the Secretary to require a dealer or distributor to provide information on a regular periodic basis.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><paragraph class="inline"><num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Hearings.</p></sidenote><content class="inline">For the purpose of carrying out the provisions of this title, the Secretary or, with the authorization of the Secretary, any officer or employee of the Department of Transportation may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, or such officer or employee, deems advisable.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Documentary evidence, access.</p></sidenote><content class="inline">In order to carry out the provisions of this title, the Secretary or his duly authorized agent shall at all reasonable times have access to, and for the purposes of examination the right to copy, any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports and answers, filing.</p></sidenote><content class="inline">Except to the extent inconsistent with the last sentence of subsection (b) of this section, the Secretary is authorized to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe.</content> </paragraph> <page identifier="/us/stat/90/987">90 STAT. 987</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee issued under paragraph (1) or (3) of this subsection, issue, an order requiring compliance therewith, and any failure to obey such order of the court may be punished by such court as a contempt the re of.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Witnesses summoned pursuant to this subsection shall be paid <sidenote><p class="indent0 firstIndent0 fontsize8">Witness fees.</p></sidenote>the same fees and mileage, which are paid witnesses in the courts of the United States.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>All information reported to or otherwise, obtained by the Secretary <sidenote><p class="indent0 firstIndent0 fontsize8">Information confidentiality.</p></sidenote>or his representative under this title, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.</content></subsection> </section> <section> <heading class="smallCaps centered">“administrative warrants</heading> <num value="415"><inline class="smallCaps">“Sec</inline>. 415. </num><subsection class="inline"><num value="a">(a) </num><chapeau>A warrant under this section shall be required for any <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990e">15 USC 1990e</ref>.</p></sidenote>entry or administrative inspection (including impoundment of motor vehicles or motor vehicle equipment) authorized by section 414 of this Act, except if such entry or inspection is—<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 985.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>with the consent of the owner, operator, or agent in charge of the factory, warehouse, establishment, or premises;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>in situations involving inspection of motor vehicles where there is reasonable cause to believe that the mobility of the motor vehicle makes it impracticable to obtain a warrant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>for access to and examination of books, records, and any other documentary evidence pursuant to section 414(c) (2); or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>in any other situations where a warrant is not constitutionally required.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>Issuance and execution of administrative inspection warrants <sidenote><p class="indent0 firstIndent0 fontsize8">Issuance and execution.</p></sidenote>shall be as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Any judge of the United States or of a State court of record, or any United States magistrate, may, within his territorial jurisdiction, and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by section 414 and of impoundment of motor vehicles or motor vehicle equipment appropriate to such inspections. For the purposes of this section, <sidenote><p class="indent0 firstIndent0 fontsize8">“Probable cause.”</p></sidenote>the term ‘probable cause’ means a valid public interest in the effective enforcement of this title or regulations issued thereunder sufficient to justify administrative inspections of the area, factory, warehouse, establishment, premises, or motor vehicle, or contents thereof, in the circumstances specified in the application for the warrant.</content></paragraph> <page identifier="/us/stat/90/988">90 STAT. 988</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>A warrant shall be issued only main an affidavit of an officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is a reasonable basis for believing they exist, he shall issue a warrant identifying the area, factory, warehouse, establishment, premises, or motor vehicle to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>identify the items or type of property to be impounded, if any;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 985.</p></sidenote><content class="inline">be directed to a person authorized under section 414 to execute it;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>command the person to whom it is directed to inspect the area, factory, warehouse, establishment, premises, or motor vehicle identified for the purpose specified, and, where appropriate, shall direct the impoundment of the property specified;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>direct that it be served during the hours specified in it; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>designate the judge or magistrate to whom it shall be returned.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing by the Secretary of a need therefor, the judge or magistrate <sidenote><p class="indent0 firstIndent0 fontsize8">Impounded property.</p></sidenote>allows additional time in the warrant. If property is impounded pursuant to a warrant, the person executing the warrant shall give the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which <sidenote><p class="indent0 firstIndent0 fontsize8">Inventory.</p></sidenote>the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person making such inventory, and shall be verified by the person executing the warrant. The judge or magistrate, upon request, shall deliver a copy of the inventory to the person from whom or from whose, premises the property was taken and to the applicant for the warrant.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Filing.</p></sidenote><content class="inline">The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the district court of the United States for the judicial district in which the inspection was made.</content></paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“prohibited acts</heading> <num value="416"><inline class="smallCaps">“Sec</inline>. 416. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990f">15 USC 1990f</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante</i>, p. 985.</p></sidenote><content class="inline">No person shall fail to comply with the requirements of section 414 to maintain records, make reports, provide information, permit access to or copying of records, permit entry or inspection, or permit impounding.</content> </section> <page identifier="/us/stat/90/989">90 STAT. 989</page> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="417"><inline class="smallCaps">“Sec</inline>. 417. </num><content>There are authorized to be appropriated to carry out this <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t15/s1990g">15 USC 1990g</ref>.</p></sidenote>title $450,000 for the fiscal year ending June 30, 1976; $100,000 for the period beginning July 1, 1976, and ending September 30, 1976; $650,000 for the fiscal year ending September 30, 1977; and $562,000 for the fiscal year ending September 30, 1978.”.</content></section> </quotedContent></content></paragraph></section> Approved July 14, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–764 accompanying H.R. 10807 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94–155 (Comm. on Commerce). CONGRESSIONAL RECORD:

Vol. 121 (1975): June 5, considered and passed Senate.

Vol. 122 (1976): Jan. 22, considered and passed House, amended, in lieu of H.R. 10807.

June 29, Senate agreed to House amendments with amendments.

July 1, House concurred in Senate amendments.

 Public Law 94–365: To make permanent the existing temporary authority for reimbursement of States for interim assistance payments under title XVI of the Social Security Act, to extend for one year the eligibility of supplemental security income recipients for food stamps, and to extend for one year the period during which payments may be made to States for child support collection services under part D of title IV of such Act. Public Law 365 Public Law 94–365 90 Stat. 990 1976-07-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 990 Public Law 94–365 94th Congress
An Act To make permanent the existing temporary authority for reimbursement of States for interim assistance payments under title XVI of the Social Security Act, to extend for one year the eligibility of supplemental security income recipients for food stamps, and to extend for one year the period during which payments may be made to States for child support collection services under part D of title IV of such Act.

July 14, 1976

[H.R. 14484]

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

Social Security Act, amendments.
interim assistance Section 1.

42 USC 1383.

Section 1631 (g) of the Social Security Act is amended by striking Out paragraph (6).
food stamp eligibility for supplemental security income recipients Sec. 2.

7 USC 2012 note.

Section 8 of Public Law 33–233 is amended, subject to such further modifications as may hereafter be made in the provisions of law involved, by striking out “the 30-month period beginning January 1, 1974” where it appears— (1) in the matter preceding the colon in subsection (a)(1), and in the new sentence added by such subsection, and (2)

7 USC 2012 note, 612c notes, 1431 note.

42 USC 1382e note.

in subsections (a)(2), (b)(1), (b)(2), (b)(3), and (e), and by inserting in lieu thereof in each instance “the period ending June 30, 1977”.
child support collection payments Sec. 3.

42 USC 655.

Section 455(a) of the Social Security Act is amended by striking out “June 30, 1976” in the matter following paragraph (2) and inserting in lieu thereof “June 30, 1977”.
Approved July 14, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1296 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 28, considered and passed House.

June 30, considered and passed Senate, amended.

July 1, House disagreed to Senate amendments.

July 2, Senate receded from its amendments.

 Public Law 94–366: To repeal section 610 of the Agricultural Act of 1970 pertaining to the use of Commodity Credit Corporation funds for research and promotion and to amend section 7(e) of the Cotton Research and Promotion Act to provide for an additional assessment and for reimbursement of certain expenses incurred by the Secretary of Agriculture. Public Law 366 Public Law 94–366 90 Stat. 991 1976-07-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 991 Public Law 94–366 94th Congress
An Act To repeal section 610 of the Agricultural Act of 1970 pertaining to the use of Commodity Credit Corporation funds for research and promotion and to amend section 7(e) of the Cotton Research and Promotion Act to provide for an additional assessment and for reimbursement of certain expenses incurred by the Secretary of Agriculture.

July 14, 1976

[H.R. 10930]

 Be it enacted by the Senate and House, of Representatives of the United States of America in Congress assembled,
That section 610

Cotton research and promotion.

of the Agricultural Act of 1970, as amended (7 U.S.C. 2119), is repealed effective October 1, 1977.
Sec. 2. Section 7(e) of the Cotton Research and Promotion Act (7 U.S.C. 2166(e)) is amended as follows: (1) At the end of the first sentence strike the period and add the following: “, and for reimbursing the Secretary (1) for expenses not to exceed $200,000 incurred by him in connection with any referendum conducted under section 8, and (2) for administrative costs

7 USC 2107.

incurred by the Secretary for supervisory work up to 5 employee years after an order or amendment, to an order has been issued and made effective.”. (2) At the end of the second sentence strike the period and add the following: “, unless specific ally authorized by provisions of this subsection.”. (3) At the end of the third sentence strike the period and add the following: “but, subject to approval in a referendum as provided in section 8, the Secretary shall issue an amendment to the order which shall provide that, in each marketing year, the rate shall be supplemented by an additional per bale amount to be collected or paid as provided in this subsection, such amount to be at a rate as prescribed in the amendment to the order, but not to exceed 1 per centum of the value of cotton as determined by the Cotton Board and the Secretary. Neither the amendment to the order authorized by the foregoing provisions nor the disapproval of such amendment in a referendum shall operate to decrease or otherwise affect the amount of the assessment of $1 per bale in effect under the order published in the Federal Register on December 31, 1966. No authority under this Act may be used as a basis to advertise or solicit votes in any referendum relating to the rate of assessment with funds collected under this Act,”.
90 STAT. 992
Sec. 3.

Cotton Board, consumer advisors.

Section 7(b) of the Cotton Research and Promotion Act (7 U.S.C. 2106(b)) is amended by adding at the end thereof the following: “The Secretary may appoint a number of consumer advisors to the Cotton Board not to exceed 15 per centum of the membership of the Cotton Board. The Cotton Board shall reimburse the consumer advisors for expenses incurred in attending meetings of the Board in the same manner as the Cotton Board member’s.”.
Approved July 14, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1157 (Comm. on Agriculture). SENATE REPORT No. 94–1023 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 3, considered and passed House.

July 2, considered and passed Senate.

 Public Law 94–367: Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1977, and for other purposes. Public Law 367 Public Law 94–367 90 Stat. 993 1976-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 993 Public Law 94–367 94th Congress
An Act Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1977, and for other purposes.

July 16, 1976

[H.R. 14235]

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

Military Construction Appropriation Act, 1977.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1977, for military construction functions administered by the Department of Defense, and for other purposes, namely: Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $580,868,000, to remain available until expended. Military Construction, Navy For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $549,935,000, to remain available until expended. Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $788,079,000, to remain available until expended. Military Construction, Defense Agencies (including transfer of funds)

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $41,396,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation “Research, development, test, and evaluation, Defense Agencies” as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of 90 STAT. 994Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate:

Enewetak Atoll, cleanup.

Provided further, That none of the funds appropriated under this paragraph may be expended for the cleanup of Enewetak Atoll until such time as the Secretary of Defense receives certification from appropriate administering authorities of the Trust Territory of the Pacific Islands that an agreement has been reached with the owners of the land of Enewetak Atoll or their duly constituted representatives that this appropriation shall constitute the total commitment of the Government of the United States for the cleanup of Enewetak Atoll.

All feasible economies should be realized in the accomplishment of this project, through the use of military services’ construction and support forces, their subsistence, equipment, material, supplies and transportation, which have been funded to support ongoing operations of the military services and would be required for normal operations of these forces. Further, such support should be furnished without reimbursement from military’ construction funds.

 Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States

10 USC 2231 et seq.

Code, as amended, and the Reserve Forces Facilities Acts, $61,128,000, to remain available until expended. Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $37,200,000, to remain available until expended. Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $53,804,000, to remain available until expended. Military Construction, Naval Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $23,600,000, to remain available until expended. Military Construction, Ant Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $10,773,000 to remain available until expended. 90 STAT. 995 Family Housing, Defense

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $1,304,523,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87–554, in not to exceed the

42 USC 1594a–1.

following amounts:

For the Army: Construction, $34,410,000; For the Navy and Marine Corps: Construction, $35,175.000; For the Air Force: Construction, $10,966,000; For Defense agencies: Construction, $25,000; For Department of Defense: Debt payment, $158,747.000; Operation, maintenance, $1,065 200.000:

Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended.
General Provisions Sec. 101. Funds appropriated to the Department of Defense for

Prior appropriations.

construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Ninety-fourth Congress.
Sec. 102. None of the fluids appropriated in this Act shall be

Contracts.

expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.
Sec. 103. None of the hinds appropriated in this Act shall be

Construction costs, expedition.

expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices.
Sec. 104. None of the funds appropriated in this Act shall be used

Service facilities.

for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates.
Sec. 105. Funds herein appropriated to the Department of Defense

Motor vehicles, hire.

31 USC 638f.

Access roads, construction.

31 USC 700b.

for construction shall be available for hire of passenger motor vehicles.
Sec. 106. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department, of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States 90 STAT. 996Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.
Sec. 107.

New bases.

None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made.
Sec. 108.

Land purchases or easements.

No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value, is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest.
Sec. 109.

Foreign contracts.

None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.
Sec. 110.

Family housing.

None of tile funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts.
Sec. 111.

Base realignment or closure.

None of the funds appropriated or otherwise made available under this Act shall be obligated or expended in connection with any base realignment or closure activity, until all terms, conditions

42 USC 4321 note.

Short title.

and requirements of the National Environmental Policy Act have been complied with, with respect to each such activity.

This Act may be cited as the “Military Construction Appropriation Act, 1977”.
Approved July 16, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1222 (Comm. on Appropriations) and No. 94–1314 (Comm. of Conference). SENATE REPORT No. 94–971 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976):

June 16, considered and passed House.

June 26, considered and passed Senate, amended.

July 1, House agreed to conference report; receded and concurred with an amendment to Senate amendment.

July 2, Senate agreed to conference report; concurred in House amendment.

 Public Law 94–368: To extend or remove certain time limitations and make other administrative improvements in the Medicare program under title XVIII of the Social Security Act. Public Law 368 Public Law 94–368 90 Stat. 997 1976-07-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 997 Public Law 94–368 94th Congress
An Act To extend or remove certain time limitations and make other administrative improvements in the Medicare program under title XVIII of the Social Security Act.

July 16, 1976

[H.R. 13501]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 15(d)

Medicare program.

Extension.

42 USC 1395x note.

42 USC 1395u.

of Public Law 93–233 (as amended by section 7(c) of Public Law 93–368) is amended by striking out “July 1, 1976” and inserting in lieu thereof “October 1, 1977”.
Sec. 2. The last sentence, of section 1842(b)(3) of the Social Security Act is amended by striking out “for the fiscal year beginning July 1, 1975,” and inserting in lieu thereof “for the twelve-month period beginning on July 1 in any calendar year after 1974”.
Sec. 3. (a) The third sentence of section 1842(b) (3) of the Social Security Act is amended by striking out “prior to the start of the fiscal year in which the bill is submitted or the request for payment is made” in clause (ii) and inserting in lieu thereof “prior to the start of the twelve-month period (beginning July 1 of each year) in which the bill is submitted or the request for payment is made”. (b) The fourth sentence of section 1842(b)(3) of such Act is amended by striking out “for any fiscal year beginning after June 30, 1973,” and inserting in lieu thereof “for any twelve-month period (beginning after June 30, 1973) specified in clause (ii) of such sentence”. (c) Section 204(7) of the Fiscal Year Transition Act is amended

7 USC 390e note.

by striking out the reference to section 1842(b)(3) of the Social Security Act.
Sec. 4. The amendments made by sections 2 and 3 of this Act shall

Effective dates.

42 USC 1395u note.

be effective with respect to periods beginning after June 30, 1976; except that, for the twelve-month period beginning July 1, 1976, the amendments made by section 3 shall be applicable with respect to claims filed under part B of title XVIII of the Social Security Act

42 USC 1395j.

(after June 30, 1976, and before July 1, 1977) with a carrier designated pursuant to section 1842 of such Act and processed by such

42 USC 1395u.

carrier after the appropriate changes were made pursuant to such section 3 in the prevailing charge levels for such twelve-month period under the third and fourth sentences of section 1842(b) (3) of the Social Security Act.
Approved July 16, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–1114 (Comm. on Ways and Means). SENATE REPORT No. 94–993 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976):

May 13, considered and passed House.

June 30, considered and passed Senate, amended.

July 1, House disagreed to Senate amendments; Senate receded from its amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 30:

July 19, Presidential statement.

 Public Law 94–369: To authorize a local public works capital development and investment program, to establish an antirecessionary program, and for other purposes. Public Law 369 Public Law 94–369 90 Stat. 999 1976-07-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 999 Public Law 94–369 94th Congress
An Act To authorize a local public works capital development and investment program, to establish an antirecessionary program, and for other purposes.

July 22, 1976

[S. 3201]

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

Public Works Employment Act of 1976.

42 USC 6701 note.

Local Public Works Capital Development and Investment Act of 1976.

42 USC 6701 note.

Definitions.

42 USC 6701.

be cited as the “Public Works Employment Act of 1976”.
<num value="I">TITLE I—</num><heading class="inline">LOCAL PUBLIC WORKS</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>This title may be cited as the “<shortTitle role="title">Local Public Works Capital Development and Investment Act of 1976</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau>As used in this title, the term—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“Secretary” means the Secretary of Commerce, acting through the Economic Development Administration.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><content>“local government” means any city, county, town, parish, or other political subdivision of a State, and any Indian tribe.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary is authorized to make grants to any <sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6702">42 USC 6702</ref>.</p></sidenote>State or local government for construction (including demolition and other site preparation activities), renovation, repair, or other improvement of local public works projects including but not limited to those public works projects of State and local governments for which Federal financial assistance is authorized under provisions of law other than this Act. In addition the Secretary is authorized to make grants to any State or local government for the completion of plans, specifications, and estimates for local public works projects where either architectural design or preliminary engineering or related planning has already been undertaken and where additional architectural and engineering work or related planning is required to permit construction of the project under this Act.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The Federal share of any project for which a grant is made <sidenote><p class="indent0 firstIndent0 fontsize8">Federal share.</p></sidenote>under this section shall be 100 per centum of the cost of the project.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content>In addition to the grants otherwise authorized by this Act, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6703">42 USC 6703</ref>.</p></sidenote>the Secretary is authorized to make a grant for the purpose of increasing the Federal contribution to a public works project for which Federal financial assistance is authorized under provisions of law other than this Act. Any grant made for a public works project under this section shall be in such amount as may be necessary to make the Federal share of the cost of such project 100 per centum. No grant shall be made for a project under this section unless the Federal financial assistance for such project authorized under provisions of law other than this Act is immediately available for such project and construction of such project has not yet been initiated because of lack of funding for the non-Federal share.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content>In addition to the grants otherwise authorized by this <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6704">42 USC 6704</ref>.</p></sidenote>Act, the Secretary is authorized to make a grant for the purpose of providing all or any portion of the required State or local share of the cost of any public works project for which financial assistance is <page identifier="/us/stat/90/1000">90 STAT. 1000</page>authorized under any provision of State or local law requiring such contribution. Any grant made for a public works project under this section shall be made in such amount as may be necessary to provide the requested State or local share of the cost of such project. A grant shall be made under this section for either the State or local share of the cost of the project, but not both shares. No grant shall be made for a project under this section unless the share of the financial assistance for such project (other than the share with respect to which a grant is requested under this section) is immediately available for such project and construction of such project has not yet been initiated.</content> </section> <section class="firstIndent1 fontsize10"><num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6705">42 USC 6705</ref>.</p></sidenote><content class="inline">No grant shall be made under section 103, 104, or 105 of this Act for any project having as its principal purpose the channelization, damming, diversion, or dredging of any natural watercourse, or the construction or enlargement of any canal (other than a canal or raceway designated for maintenance as an historic site) and having as its permanent effect the channelization, damming, diversion, or dredging of such watercourse or construction or enlargement of any canal (other than a canal or raceway designated for maintenance as an historic site).</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>No part of any grant made under section 103, 104, or 105 of this Act shall be used for the acquisition of any interest in real property.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any projects constructed (in whole or in part) with Federal financial assistance under this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Grants made by the Secretary under this Act shall be made only for projects for which the applicant gives satisfactory assurances, in such manner and form as may be required by the Secretary and in accordance with such terms and conditions as the Secretary may prescribe, that, if funds are available, on-site labor can begin within ninety days of project approval.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6706">42 USC 6706</ref>.</p></sidenote><content class="inline">The Secretary shall, not later than thirty days after date of enactment of this Act, prescribe those rules, regulations, and procedures (including application forms) necessary to carry out this Act. Such rules, regulations, and procedures shall assure that adequate consideration is given to the relative needs of various sections of the country. The Secretary shall consider among other factors (1) the severity and duration of unemployment in proposed project areas, (2) the income levels and extent of underemployment in proposed project area, and (3) the extent to which proposed projects will contribute to the reduction of unemployment. The Secretary shall make a final determination with respect to each application for a grant submitted to him under this Act not later than the sixtieth day after the date he receives such application. Failure to make such final determination within such period shall be deemed to be an approval by the Secretary of the grant requested. For purposes of this section, in considering the extent of unemployment or underemployment, the Secretary shall consider the amount of unemployment or underemployment in the construction and construction-related industries.</content> </section> <section class="firstIndent1 fontsize10"><num value="108"><inline class="smallCaps">Sec</inline>. 108. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6707">42 USC 6707</ref>.</p></sidenote><content class="inline">Not less than one-half of 1 per centum or more than 12½ per centum of all amounts appropriated to carry out this title shall be granted under this Act for local public works projects within any one State, except that in the case of Guam, Virgin Islands, and American Samoa, not less than one-half of 1 per centum in the <page identifier="/us/stat/90/1001">90 STAT. 1001</page>aggregate shall be granted for such projects in all three of these jurisdictions.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>In making grants under this Act, the Secretary shall give priority and preference to public works projects of local governments.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>In making grants under this Act, if for the three most recent consecutive months, the national unemployment rate is equal to or exceeds 61,4 per centum, the Secretary shall (1) expedite and give priority to applications submitted by States or local governments having unemployment rates for the three most recent consecutive months in excess of the national unemployment rate and (2) shall give priority thereafter to applications submitted by States or local governments having unemployment rates for the three most recent consecutive months in excess of 6% per centum, but less than the national unemployment rate. Information regarding unemployment rates may be furnished either by the Federal Government, or by States or local governments, provided the Secretary determines that the unemployment rates furnished by States or local governments are accurate, and shall provide assistance to States or local governments in the calculation of such rates to insure validity and standardization.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Seventy per centum of all amounts appropriated to carry out this Act shall be granted for public works projects submitted by State or local governments given priority under clause (1) of the first sentence of subsection (c) of this section. The remaining 30 per centum shall be available for public works projects submitted by State or local governments in other classifications of priority.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>The unemployment rate of a local government shall, for the purposes of this Act, and upon request of the applicant, be based upon the unemployment rate of any community or neighborhood (defined without regard to political or other subdivisions or boundaries) within the jurisdiction of such local government, except that any grant made to a local government based upon the unemployment rate of a community or neighborhood within its jurisdiction must be for a project of direct benefit to, or provide employment for, unemployed persons who are residents of that community or neighborhood.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <content>In determining the unemployment rate of a local government for the purposes of this section, unemployment in those adjoining areas from which the labor force for such project may be drawn, shall, upon request, of the applicant, be taken into consideration.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="g">(g) </num> <content>States and local governments making application under this Act should (1) relate their specific requests to existing approved plans and programs of a local community development or regional development nature so as to avoid harmful or costly inconsistencies or contradictions; and (2) where feasible, make requests which, although capable of early initiation, will promote or advance longer range plans and programs.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content>All laborers and mechanics employed by contractors or <sidenote><p class="indent0 firstIndent0 fontsize8">Labor standards.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6708">42 USC 6708</ref>.</p></sidenote>subcontractors on projects assisted by the Secretary under this Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a–276a–5). The Secretary shall not extend any financial assistance under this Act for such project without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. <page identifier="/us/stat/90/1002">90 STAT. 1002</page><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/sI">5 USC app. I</ref>.</p></sidenote> 3176; 64 Stat. 1267; 5 U.S.C. 133z–15), and section 2 of the Act of June 13, 1964, as amended (40 U.S.C. 276c).</content> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Nondiscrimination.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6709">42 USC 6709</ref>.</p></sidenote><content class="inline">No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any project receiving Federal grant assistance under this Act, including any supplemental grant made under this Act, This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote>discrimination under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminates.</content> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6710">42 USC 6710</ref>.</p></sidenote><content class="inline">There is authorized to be appropriated not to exceed $2,000,000,000 for the period ending September 30, 1977, to carry out this Act.</content> </section> <num value="II">TITLE II—</num><heading class="inline">ANTIRECESSION PROVISIONS</heading> <section> <heading class="smallCaps centered">findings of fact and declaration of policy</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6721">42 USC 6721</ref>.</p></sidenote> <heading><inline class="smallCaps">Findings</inline>.—</heading><chapeau>The Congress finds—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that State and local governments represent a significant segment of the national economy whose economic health is essential to national economic prosperity;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that present national economic problems have imposed considerable hardships on State and local government, budgets;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that those governments, because of their own fiscal difficulties, are being forced to take budget-related actions which tend to undermine Federal Government efforts to stimulate file economy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that efforts to stimulate the economy through reductions in Federal Government tax obligations are weakened when State and local governments are forced to increase taxes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>that the net effect of Federal Government efforts to reduce unemployment through public service jobs is substantially limited if State and local governments use federally financed public service employees to replace regular employees that, they have been forced to lay off;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>that efforts to stimulate the construction industry and reduce unemployment are substantially undermined when State and local governments are forced to cancel or delay the construction of essential capital projects; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num><content>that efforts by the Federal Government to stimulate the economic recovery will be substantially enhanced by a program of emergency Federal Government assistance to State and local governments to help prevent those governments from taking budget-related actions which undermine the Federal Government efforts to stimulate economic recovery.</content></paragraph> </section> <section> <heading class="smallCaps centered">financial assistance authorized</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6722">42 USC 6722</ref>.</p></sidenote><heading><inline class="smallCaps">Payments to State and Local Governments</inline>.—</heading><content>The Secretary of the Treasury (hereafter in this title referred to as the “Secretary”) shall, in accordance with the provisions of this title, make payments to States and to local governments to coordinate budget-related actions by such governments with Federal Government efforts to stimulate economic recovery.</content></subsection> <page identifier="/us/stat/90/1003">90 STAT. 1003</page> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <chapeau>Subject to the provisions of subsections (c) and (d), there are authorized to be appropriated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on duly 1, 1976) for the purpose of payments under this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$125,000,000 plus</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$62,500,000 multiplied by the number of one-half percentage points by which the rate of seasonally adjusted national unemployment for the most recent calendar quarter which ended three months before the beginning of such calendar quarter exceeded 6 percent.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Aggregate Authorization</inline>.—</heading> <content>In no case shall the aggregate amount authorized to be appropriated under the provisions of subsection (b) for the five calendar quarters beginning with the calendar quarter which begins July 1, 1976, exceed $1,250,000,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Termination</inline>.—</heading> <chapeau>No amount is authorized to be appropriated under the provisions of subsection (b) for any calendar quarter if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the average rate of national unemployment during the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the rate of national unemployment for the last month of the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 6 percent.</content></paragraph></subsection> </section> <section> <heading class="smallCaps centered">allocation</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">Reservations</inline>.—</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6723">42 USC 6723</ref>.</p></sidenote> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Eligible states</inline>.—</heading> <content>The Secretary shall reserve one-third of the amounts appropriated pursuant to authorization under section 202 for each calendar quarter for the purpose of making payments to eligible State governments under subsection (b).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Eligible units of local government</inline>.—</heading> <content>The Secretary shall reserve two-thirds of such amounts for the purpose of making payments to eligible units of local government under subsection (c).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">State Allocation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading> <content>The Secretary shall allocate from amounts reserved under subsection (a) (1) an amount for the purpose of making payments to each State equal to the total amount reserved under subsection (a) (1) for the calendar quarter multiplied by the applicable State percentage.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Applicable state percentage</inline>.—</heading> <chapeau>For purposes of this subsection, the applicable State percentage is equal to the quotient resulting from the division of the product of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the State excess unemployment percentage, multiplied by</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the State revenue sharing amount by the sum of such products for all the States.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>For the purposes of this section—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the term “State” means each State of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the State excess unemployment percentage is equal to the difference resulting from the subtraction of 4.5 percentage points from the State unemployment rate for that State but shall not be less than zero;</content> </subparagraph> <page identifier="/us/stat/90/1004">90 STAT. 1004</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the State unemployment rate is equal to the rate of unemployment in the State during the appropriate calendar quarter, as determined by the Secretary of Labor and reported to the Secretary; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the State revenue sharing amount is the amount determined under section 107 of the State and Local Fiscal Assistance <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s1226">31 USC 1226</ref>.</p></sidenote>Act of 1972 for the one-year period beginning on July 1, 1975.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Local Government Allocation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading> <content>The Secretary shall allocate from amounts reserved under subsection (a) (2) an amount for the purpose of making payments to each local government, subject to the provisions of paragraphs (3) and (5), equal to the total amount reserved under such subsection for calendar quarter multiplied by the local government percentage.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Local government percentage</inline>.—</heading> <chapeau>For purposes of this subsection, the local government percentage is equal to the quotient resulting from the division of the product of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the local excess unemployment percentage, multiplied by</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the local revenue sharing amount, by the sum of such products for all local governments.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Special rule</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>For purposes of paragraphs (1) and (2), all local governments within the jurisdiction of a State other than identifiable local governments shall be treated as though they were one local government.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The Secretary shall set aside from the amount allocated under paragraph (1) of this subsection for all local government within the jurisdiction of a State which are treated as though they are one local government under subparagraph (A) an amount determined under subparagraph (C) for the purpose of making payments to each local government, other than identifiable local governments within the jurisdiction of such State.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <chapeau>The amount set aside for the purpose of making payments to each local government, other than an identifiable local government, with the jurisdiction of a State under subparagraph (B) shall be—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>equal to the total amount allocated under paragraph (1) of this subsection for all local governments within the jurisdiction of such State which are treated as though they are one local government under subparagraph (A) multiplied by the local government percentage as defined in paragraph (2) (determined without regard to the parenthetical phrases at the end of paragraphs (4) (B) and (C) of this subsection), unless</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>such State submits, within thirty days, after the effective date of this title, an allocation plan which has been approved by the State legislature and which meets the requirements set forth in section 206(a), and is approved by the Secretary under the provisions of section 206(b). In the event that a State legislature is not scheduled to meet in regular session within three months after the effective date of this title, the Governor of such State shall be authorized to submit an alternative plan <page identifier="/us/stat/90/1005">90 STAT. 1005</page>which meets the requirements set forth in section 206 (a), and is approved by the Secretary under the provisions of section 206(b).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>If local unemployment rate data (as defined in paragraph (4) (B) of this subsection without regard to the parenthetical phrase at the end of such definition) for a local government jurisdiction is unavailable to the Secretary for purposes of determining the amount to be set aside for such government under subparagraph (C) then the Secretary shall determine such amount under subparagraph (C) by using the local unemployment rate determined under the parenthetical phrase of subsection (4) (B) for all local governments in such State treated as one jurisdiction under paragraph (A) of this subsection unless better unemployment rate data, certified by the Secretary of Labor, is available.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>For purposes of this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the local excess unemployment percentage is equal to the difference resulting from the subtraction of 4,5 percentage points from the local unemployment rate, but shall not be less than zero;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the local unemployment rate is equal to the rate of unemployment in the jurisdiction of the local government during the appropriate calendar quarter, as determined by the Secretary of Labor and reported to the Secretary (in the case of local governments treated as one local government under paragraph (3) (A), the local unemployment rate shall be the unemployment rate of the State adjusted by excluding consideration of unemployment and of the labor force within identifiable local governments, other than county governments, within the jurisdiction of that State);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the local revenue sharing amount is the amount determined under section 108 of the State and Local Fiscal Assistance Act of 1972 for the one-year period beginning on July 1, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s1227">31 USC 1227</ref>.</p></sidenote>1975 (and in the case of local governments treated as one local government under paragraph (3) (A), the local revenue sharing amount shall be the sum of the local revenue sharing amounts of all eligible local governments within the State, adjusted by excluding an amount equal to the sum of the local revenue sharing amounts of identifiable local governments within the jurisdiction of that State);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the term “identifiable local government” means a unit of general local government for which the Secretary of Labor has made a determination concerning the rate of unemployment for purposes of title II or title VI of the Comprehensive Employment and Training Act of 1973 during the current or <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s841/961">29 USC 841, 961</ref>.</p></sidenote>preceding fiscal year; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <chapeau>the term “local government” means the government of a county, municipality, township, or other unit of government below the State which—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>is a unit of general government (determined on the basis of the same principles as are used by the Social and Economic Statistics Administration for general statistical purposes), and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>performs substantial governmental functions. Such term includes the District of Columbia and also <page identifier="/us/stat/90/1006">90 STAT. 1006</page>includes the recognized governing body of an Indian tribe of Alaskan Native village which performs substantial governmental functions. Such term does not include the government of a township area unless such government performs substantial governmental functions.</content></clause> <continuation class="indent0 firstIndent0 fontsize10">For the purpose of paragraph (4) (D), the Secretary of Labor shall, notwithstanding any other provision of law, continue to make determinations with respect to the rate of unemployment <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t29/s961">29 USC 961</ref>.</p></sidenote>for the purposes of such title VI.</continuation> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Special limitation</inline>.—</heading> <content>If the amount which would be allocated to any unit of local government under this subsection is less than $100, then no amount shall be allocated for such unit of local government under this subsection.</content></paragraph></subsection> </section> <section> <heading class="smallCaps centered">uses of payments</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6724">42 USC 6724</ref>.</p></sidenote><content class="inline">Each State and local government shall use payments made under this title for the maintenance of basic services customarily provided to persons in that State or in the area under the jurisdiction of that local government, as the case may be. State and local governments may not use emergency support grants made under this title for the acquisition of supplies and materials and for construction unless such supplies and materials or construction are to maintain basic services.</content></section> <section> <heading class="smallCaps centered">statement of assurances</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Rules.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6725">42 USC 6725</ref>.</p></sidenote><chapeau class="inline">Each State and unit of local government may receive payments under this title only upon filing with the Secretary, at such time and in such manner as the Secretary prescribes by rule, a statement of assurances. Such rules shall be prescribed by the Secretary not later than ninety days after the effective, date of this title. The Secretary may not require any State or local government to file more than one such statement during each fiscal year. Each such statement shall contain—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an assurance that payments made under this title to the State or local government will be used for the maintenance, to the extent, practical, of levels of public, employment, and of basic services customarily provided to persons in that State or in the area under the jurisdiction of that unit of local government which is consistent with the provisions of sect ion 204;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>an assurance that the State or unit of local government will—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>use fiscal, accounting, and audit procedures which conform to guidelines established therefor by the Secretary (after consultation with the Comptroller General of the United States) and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>provide to the Secretary (and to the Comptroller General of the United States), on reasonable notice, access to, and the right to examine, such books, documents, papers, or records as the Secretary may reasonably require for purposes of reviewing compliance with this title;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports, publication.</p></sidenote><content class="inline">an assurance that reasonable reports will be furnished to the Secretary in such form and containing such information as the Secretary may reasonably require to carry out the purposes of this title and that, such report shall be published in a newspaper of general circulation in the jurisdiction of such government unless the cost of such publication is excessive in relation to the amount of the payments received by such government under <page identifier="/us/stat/90/1007">90 STAT. 1007</page>this title or other means of publicizing such report is more appropriate, in which case such report shall be publicized pursuant to rules prescribed by the Secretary;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an assurance that the requirements of section 207 will be complied with;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an assurance that the requirements of section 208 will be complied with;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>an assurance that the requirements of section 209 will be complied with;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>an assurance that the State or unit of local government will spend any payment it receives under this title before the end of the six-calendar-month period which begins on the day after the date on which such State or local government receives such payment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>an assurance that the State or unit of local government will spend amounts received under this title only in accordance with the laws and procedures applicable to the expenditure of its own revenues.</content></paragraph> </section> <section> <heading class="smallCaps centered">optional allocation plans</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">State Allocation Plans for Purposes of Section 203(c) (3)</inline>.—</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Rules.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6726">42 USC 6726</ref>.</p></sidenote><chapeau class="inline">A State may file an allocation plan with (he Secretary for purposes of section 203(c) (3) (C) (ii) at such time, in such manner, and containing such information as the Secretary may require by rule. Such rules shall be provided by the Secretary not later than sixty days of the effective date of this title. Such allocation plan shall meet the following requirements:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the criteria for allocation of amounts among the local governments within the State shall be consistent with the allocation formula for local governments under section 203(c)(2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>the plan shall use—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the best available unemployment rate data for such government if such data is determined in a manner which is substantially consistent with the manner in which local unemployment rate data is determined, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>if no consistent unemployment rate data is available, the local unemployment rate data, for the smallest unit of identifiable local government in the jurisdiction of which such government is located,</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the allocation criteria must be specified in the plan, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><content>the plan must be developed after consultation with appropriate officials of local governments within the State other than identifiable local governments.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Approval</inline>.—</heading> <content>The Secretary shall approve any allocation plan that meets the requirements of subsection (a) within thirty days after he receives such allocation plan, and shall not finally disapprove, in whole or in part, any allocation plan for payments under this title without first affording the State or local governments involved reasonable notice and an opportunity for a hearing.</content></subsection> </section> <section> <heading class="smallCaps centered">nondiscrimination</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">In General</inline>.—</heading><content>No person in the United States shall, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6727">42 USC 6727</ref>.</p></sidenote>on the grounds of race, religion, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.</content></subsection> <page identifier="/us/stat/90/1008">90 STAT. 1008</page> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Authority of the Secretary</inline>.—</heading> <chapeau>Whenever the Secretary determines that a State government or unit of local government has failed to comply with subsection (a) or an applicable regulation, he shall, within ten days, notify the Governor of the State (or, in the case of a unit of local government the Governor of the State in which such unit is located, and the chief elected official of the unit) of the noncompliance. If within thirty days of the notification compliance is not achieved, the Secretary shall within ten days thereafter—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>exercise all the powers and functions provided by title VI <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote>of the Civil Rights Act of 1964 (42 U.S.C. 2000e);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>take such other action as may be provided by law.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Enforcement</inline>.—</heading> <content>Upon his determination of discrimination under subsection (b), the Secretary shall have the full authority to withhold or temporarily suspend any payment under this title, or otherwise exercise any authority contained in title VI of the Civil Rights Act of 1964, to assure compliance with the requirement of nondiscrimination in federally assisted programs funded, in whole or in part, under this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Applicability of Certain Civil Rights Acts</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Any party who is injured or deprived within the meaning of section 1979 of the Revised Statutes (42 U.S.C. 1983) or of section 1980 of the Revised Statutes (42 U.S.C. 1985) by any person, or two or more persons in the case of such section 1980, in connection with the administration of a payment under this title may bring a civil action under such section 1979 or 1980, as applicable, subject to the terms and conditions of those sections.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Any person who is aggrieved by an unlawful employment practice within the meaning of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by any employer in connection with the administration of a payment under this title may bring a civil action under section 706(f)(1) of such Act (42 U.S.C. 2000e–5(f) (1)) subject to the terms and conditions of such title.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">labor standards</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6728">42 USC 6728</ref>.</p></sidenote><content class="inline">All laborers and mechanics employed by contractors on all construction projects funded in whole or in part by payments under this title shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a to 276a–5). The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/sI">5 USC app. I</ref>.</p></sidenote>forth in Reorganization Plan Numbered 14 of 1950 (15 C.F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).</content> </section> <section> <heading class="smallCaps centered">special reports</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6729">42 USC 6729</ref>.</p></sidenote><content class="inline">Each State and unit of local government which receives a payment under the provisions of this title shall report to the Secretary any increase or decrease in any tax which it imposes and any substantial reduction in the number of individuals it employs or in services which such State or local government provides. Each State which receives a payment under the provisions of this title shall report, to the Secretary any decrease in the amount of financial assistance which the State provides to the units of local governments during the twelve-<page identifier="/us/stat/90/1009">90 STAT. 1009</page>month period which ends on the last day of the calendar quarter immediately preceding the date of enactment of this title, together with an explanation of the reasons for such decrease. Such reports shall be made as soon as it is practical and, in any case, not more than six months after the date on which the decision to impose such tax increase or decrease, such reductions in employment or services, or such decrease in State financial assistance is made public.</content> </section> <section> <heading class="smallCaps centered">payments</heading> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">In General</inline>.—</heading><content>From the amount allocated for State <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6730">42 USC 6730</ref>.</p></sidenote>and local governments under section 203, the Secretary shall pay not later than five days after the beginning of each quarter to each State and to each local government which has filed a statement of assurances under section 205, an amount equal to the amount allocated to such State or local government under section 203.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Adjustments</inline>.—</heading> <content>Payments under this title may be made with necessary adjustments on account of overpayments or underpayments.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Termination</inline>.—</heading> <chapeau>No amount shall be paid to any State or local government, under the provisions of this section for any calendar quarter if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the average rate of unemployment within the jurisdiction of such State or local government during the most recent calendar quarter which ended three months before the beginning of such calendar quarter was less than 4.5 percent, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the rate of unemployment within the jurisdiction of such government for the last, month of the most recent calendar quarter which ended three months before the beginning of such calendar quarter did not exceed 4.5 percent.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">state and local government economization</heading> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content>Each State or unit of local government which receives <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6731">42 USC 6731</ref>.</p></sidenote>payments under this title shall provide assurances in writing to the Secretary, at such time and in such manner and form as the Secretary may prescribe by rule, that it has made substantial economies in its operations and that payments under this title are necessary to maintain essential services without weakening Federal Government efforts to stimulate the economy through reductions in Federal tax obligations.</content> </section> <section> <heading class="smallCaps centered">withholding</heading> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <content>Whenever the Secretary, after affording reasonable notice <sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6732">42 USC 6732</ref>.</p></sidenote>and an opportunity for a hearing to any State or unit of local government, finds that there has been a failure to comply substantially with any assurance set forth in the statement of assurances of that State or units of local government filed under section 205, the Secretary shall notify that State or unit of local government that further payments will not, be made under this title until he, is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made under this title.</content> </section> <section> <heading class="smallCaps centered">reports</heading> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num> <content>The Secretary shall report to the Congress as soon as is <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6733">42 USC 6733</ref>.</p></sidenote>practical after the end of each calendar quarter during which payments are made under the provisions of this title. Such’ report shall include information on the amounts paid to each State and units of <page identifier="/us/stat/90/1010">90 STAT. 1010</page>local government and a description of any action which the Secretary has taken under the provisions of section 212 during the previous calendar quarter. The Secretary shall report to Congress as soon as is practical after the end of each calendar year during which payments are made under the provisions of this title. Such reports shall include detailed information on the amounts paid to State and units of local government under the provisions of this title, any actions with which the Secretary has taken under the provisions of section 212, and an evaluation of the purposes to which amounts paid under this title were put by State and units of local government and economic impact of such expenditures during the previous calendar year.</content> </section> <section> <heading class="smallCaps centered">administration</heading> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6734">42 USC 6734</ref>.</p></sidenote><heading><inline class="smallCaps">Rules</inline>.—</heading><content>The Secretary is authorized to prescribe, after consultation with the Secretary of Labor, such rules as may be necessary for the purpose of carrying out his functions under this title. Such rules should be prescribed by the Secretary not later than ninety days of the effective date of this title.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated such sums as may be necessary for the administration of this title.</content></subsection> </section> <section> <heading class="smallCaps centered">program studies and recommendations</heading> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s6735">42 USC 6735</ref>.</p></sidenote><heading><inline class="smallCaps">Evaluation</inline>.—</heading><content>The Comptroller General of the United States shall conduct an investigation of the impact which emergency support grants have on the operations of State and local governments and on the national economy. Before and during the course of such investigation the Comptroller General shall consult with and coordinate his activities with the Congressional Budget Office and the Advisory <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>Commission on Intergovernmental Relations. The Comptroller General shall report the results of such investigation to the Congress within one year after the date of enactment of this title together with an evaluation of tile macroeconomic effect of the program established under this title and any recommendations for improving the effectiveness of similar programs. All officers and employees of the United States shall make available all information, reports, data, and any other material necessary to carry out the provisions of this subsection to the Comptroller General upon a reasonable request.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Countercyclical Study</inline>.—</heading> <content>The Congressional Budget Office and the Advisory Commission on Intergovernmental Relations shall conduct a study to determine the most effective means by which the Federal Government can stabilize the national economy during periods of rapid economic growth and high inflation through programs directed toward State and local governments. Such study shall include a comparison of the effectiveness of alternative factors for triggering and measuring the extent of the fiscal coordination problem addressed by this program, and the effect of the recession on State and local expenditures. Before and during the course of such study, the Congressional Budget Office and the Advisory Commission shall consult with and coordinate their activities with the Comptroller General of <sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p></sidenote>the United States. The Congressional Budget Office and the Advisory Commission shall report the results of such study to Congress within two years after the date of enactment of this title. Such study shall include the opinions of the Comptroller General with respect to such study.</content></subsection></section> 90 STAT. 1011 <num value="III">TITLE III—</num><heading class="inline">FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>There is authorized to be appropriated to carry out title II <sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1287">33 USC 1287 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1281">33 USC 1281</ref>.</p></sidenote>of the Federal Water Pollution Control Act, other than sections 206, 208, and 209, for the fiscal year ending September 30, 1977, not to exceed $700,000,000 which sum (subject to such amounts as are provided in appropriation Acts) shall be allotted to each State listed in column 1 of table IV contained in House Public Works and Transportation Committee Print numbered 94–25 in accordance with the percentages provided for such State (if any) in column 5 of such table. The sum authorized by this section shall be in addition to, and not in lieu of, any funds otherwise authorized to carry out such title during such fiscal year. Any sums allotted to a State under this section shall be available until expended.</content></section> Carl Albert Speaker of the House of Representatives. John Culver Acting President of the Senate pro tempore. IN THE SENATE OF THE UNITED STATES,

July 21, 1976.

The Senate having proceeded to reconsider the bill (S. 3201) entitled “An Act to authorize a local public works capital development and investment program, to establish an antirecessionary program, and for other purposes”, returned by the President of the United States with his objections, to the Senate, in which it originated, it was

Resolved,

That the said bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest: Francis R. Valeo Secretary. I certify that this Act originated in the Senate. Francis R. Valeo Secretary. IN THE HOUSE OF REPRESENTATIVES, U.S.,

July 22, 1976.

The House of Representatives having proceeded to reconsider the bill (S. 3201) entitled “An Act to authorize a local public works capital development and investment program, to establish an antirecessionary program, and for other purposes”, returned by the President of the United States with his objections, to the Senate, in which it originated, and passed by the Senate on reconsideration of the same, it was

90 STAT. 1012 Resolved,

That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.

Attest: Edmund L. Henshaw, Jr. Clerk.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1077 accompanying H.R. 12972 (Comm. on Public Works and Transportation) and No. 94–1260 (Comm. of Conference). SENATE REPORTS: No. 94–710 (Comm. on Public Works) and No. 94–939 (Comm. of Conference). CONGRESSIONAL RECORD, Vol 122 (1976):

Apr. 12, 13, considered and passed Senate.

May 13, considered and passed House, amended, in lieu of H.R. 12972.

June 16, Senate agreed to conference report.

June 23, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 28:

July 6, vetoed; Presidential message.

 CONGRESSIONAL RECORD, Vol. 122 (1976):

July 21, Senate overrode veto.

July 22, House overrode veto.

 Public Law 94–370: To improve coastal zone management in the United States, and for other purposes. Public Law 370 Public Law 94–370 90 Stat. 1013 1976-07-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 1013 Public Law 94–370 94th Congress
An Act To improve coastal zone management in the United States, and for other purposes.

July 26, 1976

[S. 586]

 Be it enacted By the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Coastal Zone Management Act Amendments of 1976.

16 USC 1451 note.

be cited as the “Coastal Zone Management Act Amendments of 1976”.
SEC. 2. FINDINGS. Section 302 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451) is amended— (1) by inserting “ecological,” immediately after “recreational,” in subsection (b); (2) by striking out— (A) the semicolon at the end of subsections (a), (b), (c), (d), (e), and (f), respectively, and (B) “; and” at the end of subsection (g), and inserting in lieu of such matter at each such place a period; and (3) by inserting immediately after subsection (h) the following: “(i) The national objective of attaining a greater degree of energy self-sufficiency would be advanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone.”.
SEC. 3. DEFINITIONS. Section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) is amended— (1) by redesignating paragraph (a) as paragraph (1), and by amending the first sentence of such paragraph (1) (as so redesignated)— (A) by striking out ‘“Coastal” and inserting in lieu thereof “The term ‘coastal”; and (B) by inserting immediately after “and includes” the following: “islands,”; (2) by redesignating paragraph (b) as paragraph (2), and by amending such paragraph (2) (as so redesignated)— (A) by striking out “ ‘Coastal” and inserting in lieu thereof “The term ‘coastal”; and (B) by striking out “(1)” and “(2)” and inserting in lieu thereof “(A)” and “(B)”, respectively; (3) by striking out “(c) ‘Coastal” and inserting in lieu thereof “(3) The term ‘coastal”; (4) by inserting immediately before paragraph (d) thereof the following: “(4) The term ‘coastal energy activity’ means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists winch, in the determination or the Secretary, necessitates that the siting, construction, expansion, or 90 STAT. 1014operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state; “(i) Any outer Continental Shelf energy activity. “(ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas, “(iii) Any transportation, transfer, or storage of oil, natural gas, or coal (including, but not limited to, by means of any deepwater port, as defined in section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(10))). For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be ‘in close proximity to’ the coastal zone of any coastal state if such siting, construction, expansion, or operation has, or is likely to have, a significant effect on such coastal zone. “(5) The term ‘energy facilities’ means any equipment or facility which is or will be used primarily— “(A) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or “(B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A). The term includes, but is not limited to (i) electric generating plants; (ii) petroleum refineries and associated facilities; (iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel processing facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, and refining complexes; (vii) facilities including deepwater ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing.”; (5) by striking out “(d) ‘Estuary’ ” and inserting in lieu thereof “(G) The term ‘estuary’ ”; (6) by redesignating paragraph (e) as paragraph (7) and by amending such paragraph (7) (as so redesignated)— (A) by striking out “ ‘Estuarine” and inserting in lieu thereof “The term ‘estuarine”, and (B) by striking out “estuary, adjoining transitional areas, and adjacent uplands, constituting” and inserting in lieu thereof the following: “estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, and which constitutes”; (7) by striking out paragraph (f) and inserting in lieu thereof the following: “(8) The term ‘Fund’ means the Coastal Energy Impact Fund

Post, p. 1019.

established by section 308 (h). “(9) The term ‘land use’ means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements

16 USC 1456.

outlined in section 307(g). “(10) The term ‘local government’ means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state’s coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority.”; 90 STAT. 1015 (8) by striking out “(g) ‘Management” and inserting in lieu thereof “(11) The term ‘management”; (9) by inserting immediately after paragraph (11) (as redesignated by paragraph (8) of this section) the following: “(12) The term ‘outer Continental Shelf energy activity’ means any’ exploration for, or any development or production of, oil or natural gas from the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Slid f Lands Act (43 U.S.C. 1331(a))), or the siting, construction, expansion, or operation of any new or expanded energy facilities directly required by such exploration, development, or production. “(13) The term ‘person’ means any individual; any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; any state, regional, or local government; or any entity of any such Federal, state, regional, or local government. “(14) The term ‘public facilities and public services’ means facilities or services which are financed, in whole or in part, by any state or political subdivision thereof, including, but not limited to, highways and secondary roads, parking, mass transit, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. Such term may also include any other facility or service so financed which the Secretary finds will support increased population. “(15) The term ‘Secretary’ means the Secretary of Commerce.”; (10) by striking out “(h) ‘Water” and inserting in lieu thereof “(16) The term ‘water”; and (11) by striking out paragraph (i).
SEC. 4. MANAGEMENT PROGRAM DEVELOPMENT GRANTS. Section 305 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454) is amended to read as follows:
“management program development grants “Sec. 305. (a) The Secretary may make grants to any coastal state— “(1) under subsection (c) for the purpose, of assisting such state in the development of a management program for the land and water resources of its coastal zone; and “(2) under subsection (d) for the purpose of assisting such state in the completion of the development, and the initial implementation, of its management, program before such state qualifies for administrative grants under section 306.

Post, p. 1017.

Requirements.

 “(b) The management program for each coastal state shall include each of the following requirements: “(1) An identification of the boundaries of the coastal zone subject to the management program. “(2) A definition of what shall constitute permissible land uses and water uses within the coastal zone which have a direct and significant impact on the coastal waters. “(3) An inventory and designation of areas of particular concern within the coastal zone. “(4) An identification of the means by which the state proposes to exert control over the land uses and water uses referred to in 90 STAT. 1016paragraph (2), including a listing of relevant constitutional provisions, laws, regulations, and judicial decisions. “(5) Broad guidelines on priorities of uses in particular areas, including specifically those uses of lowest priority. “(6) A description of the organizational structure proposed to implement such management program, including the responsibilities and interrelationships of local, area wide, state, regional, and interstate agencies in the management, process. “(7) A definition of the term ‘beach’ and a planning process for the protection of, and access to, public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value. “(8) A planning process for energy facilities likely to be located in, or which may significantly affect, the coastal zone, including, but not limited to, a process for anticipating and managing the impacts from such facilities. “(9) A planning process for (A) assessing the effects of shoreline erosion (however caused), and (B) studying and evaluating ways to control, or lessen the impact of such erosion, and to restore areas adversely affected by such erosion. No management program is required to meet the requirements in paragraphs (7), (8), and (9) before October 1, 1978. “(c) The Secretary may make a grant annually to any coastal state for the purposes described in subsection (a)(1) if such state reasonably demonstrates to the satisfaction of the Secretary that such grant will be used to develop a management program consistent with the

Post, p. 1017.

requirements set forth in section 306. The amount of any such grant shall not exceed 80 per centum of such state’s costs for such purposes in any one year. No coastal state is eligible to receive more than four grants pursuant to this subsection. After the initial grant is made to any coastal state pursuant to this subsection, no subsequent grant shall be made to such state pursuant to this subsection unless the Secretary finds that such state is satisfactorily developing its management program. “(d) (1) The Secretary may make a grant annually to any coastal state for the purposes described in subsection (a) (2) if the Secretary finds that such state meets the eligibility requirements set forth in paragraph (2). The amount of any such grant shall not exceed 80 per centum of the costs for such purposes in any one year. “(2)

Eligibility.

A coastal state is eligible to receive grants under this subsection if it has— “(A) developed a management program which— “(i) is in compliance with the rules and regulations promulgated to carry’ out subsection (b), but “(ii) has not yet been approved by the Secretary under section 306: “(B) specifically identified, after consultation with the Secretary, any deficiency in such program which makes it ineligible for approval by the Secretary pursuant to section 306, and has established a reasonable time schedule during which it can remedy any such deficiency; “(C) specified the purposes for which any such grant will be used; “(D) taken or is taking adequate steps to meet any requirement

Post, p. 1018.

under section 306 or 307 which involves any Federal official or agency: and 90 STAT. 1017 “(E) complied with any other requirement which the Secretary, by rules and regulations, prescribes as being necessary and appropriate to carry out the purposes of this subsection. “(3) No management program for which grants are made under this subsection shall be considered an approved program for purposes of section 307.

16 USC 1456.

Rules and regulations.

 “(e) Grants under this sect ion shall be made to, and allocated among, the coastal states pursuant to rules and regulations promulgated by the Secretary; except that— “(1) no grant shall be made under this section in an amount which is more than 10 per centum of the total amount appropriated to carry out the purposes of this section, but the Secretary may waive this limitation in the case of any coastal state which is eligible for grants under subsection (d); and “(2) no grant shall be made under this section in an amount which is less than 1 per centum of the total amount appropriated to carry out the purposes of this section, but the Secretary shall waive this limitation in the case of any coastal state which requests such a waiver. “(f) The amount of any grant (or portion thereof) made under this section which is not obligated by the coastal state concerned during the fiscal year for which it was first authorized to be obligated by such state, or during the fiscal year immediately following, shall revert, to the Secretary who shall add such amount to the funds available for grants under this section. “(g) With the approval of the Secretary, any coastal state may allocate to any local government to any areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, to any regional agency, or to any interstate, agency, a

42 USC 3334.

portion of any grant received by it under this section for the purpose of carrying out the provisions of this section. “(h) Any coastal state which has completed the development of its management program shall submit such program to the Secretary for review and approval pursuant to section 306. Whenever the Secretary

Infra.

approves the management program of any coastal state under section 306, such state thereafter— “(1) shall not be eligible for grants under this section; except that such state may receive grants under subsection (c) in order to comply with the requirements of paragraphs (7), (8), and (9) of subsection (b); and “(2) shall be eligible for grants under section 306. “(i) The authority to make grants under this section shall expire on

Expiration date.

September 30, 1979.”.
SEC. 5. ADMINISTRATIVE GRANTS. Section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) is amended— (1) by amending subsection (a) to read as follows: “(a) The Secretary may make a grant annually to any coastal state for not more than 80 per centum of the costs of administering such state’s management, program if the Secretary (1) finds that such program meets the requirements of section 305(b), and (2) approves such

Ante, p. 1015.

program in accordance with subsections (c), (d), and (e).”; (2) by amending subsection (c)(2)(B) by striking out the period at the end thereof and inserting in lieu thereof the following: “; except that the Secretary’ shall not find any mechanism to be ‘effective’ for purposes of this subparagraph unless it includes each of the following requirements: 90 STAT. 1018 “(i)

Notice.

Such management agency is required, before implementing any management program decision which would conflict with any local zoning ordinance, decision, or other action, to send a notice of such management program decision to any local government whose zoning authority is affected thereby. “(ii) Any such notice shall provide that such local government may, within the 30-day period commencing on the date of receipt of such notice, submit to the management agency written comments on such management program decision, and any recommendation for alternatives thereto, if no action is taken during such period which would conflict or interfere with such management program decision, unless such local government waives its right to comment. “(iii) Such management agency, if any such comments are submitted to it, with such 30-day period, by any local government— “(I) is required to consider any such comments, “(II) is authorized, in its discretion, to hold a public hearing on such comments, and “(III) may not take any action within such 30-day period to implement the management program decision, whether or not modified on the oasis of such comments.”; (3) by amending subsection (c) (8) to read as follows— “(8) The management program provides for adequate consideration of the national interest involved in planning for, and in the siting of, facilities (including energy facilities in, or which significantly affect, such state’s coastal zone) which are necessary to meet requirements which are other than local in nature. In the case of such energy facilities, (he Secretary shall find that the state has given such consideration to any applicable interstate energy plan or program.”; (4) by amending subsection (g) to read as follows: “(g) Any coastal state may amend or modify the management program which it has submitted and which has been approved by the Secretary under this section, pursuant to the required procedures described in subsection (c). Except with respect to any such amendment which is made before October 1, 1978, for the purpose of complying with the

Ante, p. 1015.

requirements of paragraphs (7), (8), and (9) of section 305(b), no grant shall be made tinder this section to any coastal state after the date of such an amendment or modification, until the Secretary approves such amendment or modification.”.
SEC. 6. CONSISTENCY AND MEDIATION. Section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456) is amended— (1) by striking out “interagency” in the title of such section; (2) by striking out the last sentence of subsection (b); (3) by amending subsection (c) (3) by inserting “(A)” immediately after “(3)”, and by adding at the end thereof the following: “(B) After the management program of any coastal state has been

16 USC 1455.

approved by the Secretary under section 306, any person who submits to the Secretary of the Interior any plan for the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and regulations under such Act shall, with respect to any exploration, development, or production described in such plan and affecting any land use or water use in the coastal zone of such state, attach to such 90 STAT. 1019plan a certification that each activity which is described in detail in such plan complies with such state’s approved management program and will be carried out in a manner consistent with such program. No Federal official or agency shall grant such person any license or permit for any activity described in detail in such plan until such state or its designated agency receives a copy of such certification and plan, together with any other’ necessary data and information, and until— “(i) such state or its designated agency, in accordance with the procedures required to be established by such state pursuant to subparagraph (A), concurs with such person’s certification and notifies the Secretary and the Secretary7 of the Interior of such concurrence; “(ii) concurrence by such state with such certification is conclusively presumed, as provided for in subparagraph (A); or “(iii) the Secretary finds, pursuant to subparagraph (A), that each activity which is described in detail in such plan is consistent with the objectives of this title or is otherwise necessary in the interest of national security. If a state concurs or is conclusively presumed to concur, or if the Secretary makes such a finding, the provisions of subparagraph (A) are not applicable with respect to such person, such state, and any Federal license or permit which is required to conduct any activity affecting land uses or water uses in the coastal zone of such state which is described in detail in the plan to which such concurrence or finding applies. If such state objects to such certification and if the Secretary fails to make a finding under clause (iii) with respect to such certification, or if such person fails substantially to comply with such plan as submitted, such person shall submit an amendment to such plan, or a new plan, to the Secretary of the Interior, With respect to any amendment or new plan submitted to the Secretary of the Interior pursuant to the preceding sentence, the applicable time period for purposes of concurrence by conclusive presumption under subparagraph (A) is 3 months.”: and (4) by adding at the end thereof the following new subsection: “(h) In case of serious disagreement between any Federal agency and a coastal state— “(1) in the development or the initial implementation of a management program under section 305; or

Ante, p. 1015.

 (2) in the administration of a management program approved under section 306;

16 USC 1455.

 the Secretary, with the cooperation of the Executive Office of the President, shall seek to mediate the differences involved in such disagreement. The process of such mediation shall, with respect to any disagreement described in paragraph (2), include public hearings which shall be conducted in the local area concerned.”.
SEC. 7. COASTAL ENERGY IMPACT PROGRAM. The Coastal Zone Management Act of 1072 is further amended by redesignating sections 308 through 315 as sections 311 through 318,

16 USC 1457–1464.

respectively; and by inserting immediately after section 307 the following:
“coastal energy impact program “Sec. 308. (a) (1) The Secretary shall administer and coordinate,

16 USC 1456a.

as part of the, coastal zone management, activities of the Federal Government provided for under this title, a coastal energy impact program. Such program shall consist of the provision of financial 90 STAT. 1020assistance to meet the needs of coastal states and local governments in such states resulting from specified activities involving energy development. Such assistance, which includes— “(A) grants, under subsection (b), to coastal states for the purposes set forth in subsection (b)(4) with respect to consequences resulting from the energy activities specified therein; “(B) grants, under subsection (c), to coastal states for study of, and planning for, consequences relating to new or expanded energy facilities in, or which significantly affect, the coastal zone: “(C) loans, under subsection (d) (1), to coastal states and units of general purpose local government to assist such states and units to provide new or improved public facilities or public services which are required as a result of coastal energy activity; “(D) guarantees, under subsection (d)(2) and subject to the provisions of subsection (f), of bonds or other evidences of indebtedness issued by coastal states and units of general purpose local government for the purpose of providing new or improved public facilities or public services which are required as a result of coastal energy activity; “(E) grants or other assistance, under subsection (d)(3), to coastal states and units of general purpose local government to enable such states and units to meet obligations under loans or guarantees under subsection (d) (1) or (2) which they are unable to meet as they mature, for reasons specified in subsection (d)(3); and “(F) grants, under subsection (d)(4), to coastal states which have suffered, are suffering, or will suffer any unavoidable loss of a valuable environmental or recreational resource; shall be provided, administered, and coordinated by the Secretary in accordance with the provisions of this section and under the rules and regulations required to be promulgated pursuant to paragraph (2). Any such financial assistance shall be subject to audit under section 313.

Post, p. 1030.

Rules and regulations.

16 USC 1463.

 “(2) The Secretary shall promulgate, in accordance with section 317, such rules and regulations (including, but not limited to, those required under subsection (e)) as may be necessary and appropriate to carry out the provisions of this section. “(b) (1)

Grants.

The Secretary shall make grants annually to coastal states, in accordance with the provisions of this subsection. “(2)

Calculations.

The amounts granted to coastal states under this subsection shall be, with respect to any such state for any fiscal year, the sum of the amounts calculated, with respect to such state, pursuant to subparagraphs (A), (B), (C), and (D): “(A) An amount which bears, to one-third of the amount appropriated for the purpose of funding grants under this subsection for such fiscal year, the same ratio that the amount, of outer Continental Shelf acreage which is adjacent to such state and which is newly leased by the Federal Government in the immediately preceding fiscal year be a re to the total amount of outer Continental Shelf acreage which is newly leased by the Federal Government in such preceding year. “(B) An amount, which bears, to one-sixth of the amount appropriated for such purpose for such fiscal year, the same ratio that the volume of oil and natural gas produced in the immediately preceding fiscal year from the outer Continental Shelf acreage which is adjacent, to such state and which is leased by the Federal 90 STAT. 1021Government bears to the total volume of oil and natural gas produced in such year from all of the outer Continental Shelf acreage which is leased by the Federal Government. “(C) An amount which bears, to one-sixth of the amount appropriated for such purpose for such fiscal year, the same ratio that the volume of oil and natural gas produced from outer Continental Shelf acreage leased by the Federal Government which is first landed in such state in the immediately preceding fiscal year bears to the total volume of oil and natural gas produced from all outer Continental Shelf acreage leased by the Federal Government which is first landed in all of the coastal states in such year. “(D) An amount which bears, to one-third of the amount appropriated for such purpose for such fiscal year, the same ratio that the number of individuals residing in such state in the immediately preceding fiscal year who obtain new employment in such year as a result of new or expanded outer Continental Shelf energy activities bears to the total number of individuals residing in all of the coastal states in such year who obtain new employment in such year as a result of such outer Continental Shelf energy activities. “(3) (A) The Secretary shall determine annually the amounts of the grants to be provided under this subsection and shall collect and evaluate such information as may be necessary to make such determinations. Each Federal department, agency, and instrumentality shall provide to the Secretary such assistance in collecting and evaluating relevant information as the Secretary may request. The Secretary shall request the assistance of any appropriate state agency in collecting and evaluating such information. “(B) For purposes of making calculations under paragraph (2), outer Continental Shelf acreage is adjacent to a particular coastal state if such acreage lies on that state’s side of the extended lateral seaward boundaries of such state. The extended lateral seaward boundaries of a coastal state shall be determined as follows: “(i) If lateral seaward boundaries have been clearly defined or fixed by an interstate compact, agreement, or judicial decision (if entered into, agreed to, or issued before the date of the enactment, of this paragraph), such boundaries shall be extended on the basis of the principles of delimitation used to so define or fix them in such compact, agreement, or decision. “(ii) If no lateral seaward boundaries, or any portion thereof, have been clearly defined or fixed by an interstate compact, agreement, or judicial decision, lateral seaward boundaries shall be determined according to the applicable principles of law, including the principles of the Convention on the Territorial Sea and the Contiguous Zone, and extended on the basis of such principles. “(iii) If, after the date of enactment of this paragraph, two or more coastal states enter into or amend an interstate compact or agreement in order to clearly define or fix lateral seaward boundaries, such boundaries shall thereafter be extended on the basis of the principles of delimitation used to so define or fix them in such compact or agreement. “(C) For purposes of making calculations under this subsection, the transitional quarter beginning July 1, 1976, and ending September 30, 1976, shall be included within the fiscal year ending June 30, 1976. 90 STAT. 1022 “(4) Each coastal state shall use the proceeds of grants received by it under this subsection for the following purposes (except that priority shall be given to the use of such proceeds for the purpose set forth in subparagraph (A)): “(A) The retirement of state and local bonds, if any, which are guaranteed under subsection (d)(2); except that, if the amount of such grants is insufficient to retire both state and local bonds, priority shall be given to retiring local bonds. “(B) The study of, planning for, development of, and the carrying out of projects and programs in such state which are— “(i) necessary, because of the unavailability of adequate financing under tiny other subsection, to provide new or improved public facilities and public services which are required as a direct result of new or expanded outer Continental Shelf energy activity; and “(ii) of a type approved by the Secretary as eligible for grants under this paragraph, except that the Secretary may not disapprove any project or program for highways and secondary roads, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. “(C) The prevention, reduction, or amelioration of any unavoidable loss in such state’s coastal zone of any valuable environmental or recreational resource if such loss results from coastal energy activity. “(5) The Secretary, in a timely manner, shall determine that each coastal state has expended or committed, and may determine that such state will expend or commit, grants which such state has received under this subsection in accordance with the purposes set forth in paragraph (4), The United States shall be entitled to recover from any coastal state an amount equal to any portion of any such grant received by such state under this subsection which— “(A) is not expended or committed by such state before the close of the fiscal year immediately following the fiscal year in which the grant was disbursed, or “(B) is expended or committed by such state for any purpose other than a purpose set forth in paragraph (4). Before disbursing the proceeds of any grant under this subsection to any coastal state, the Secretary shall require such state to provide adequate assurances of being able to return to the United States any amounts to which the preceding sentence may apply. “(c)

Grants.

The Secretary shall make grants to any coastal state if the Secretary finds that the coastal zone of such state is being, or is likely to be significantly affected by the siting, construction, expansion, or operation of new or expanded energy facilities. Such grants shall be used for the study of, and planning for (including, but not limited to, the application of the planning process included in a management program

Ante, p. 1015.

pursuant to section 305 (b) (8)) any economic, social, or environmental consequence which has occurred, is occurring, or is likely to occur in such state’s coastal zone as a result of the siting, construction, expansion, or operation of such new or expanded energy facilities. The amount of any such grant shall not exceed 80 per centum of the cost of such study and planning. “(d) (1)

Loans.

The Secretary shall make loans to any coastal state and to any unit of general purpose local government to assist such state or unit to provide new or improved public facilities or public services, or 90 STAT. 1023both, which are required as a result of coastal energy activity. Such loans shall be made solely pursuant to this title, and no such loan shall require as a condition thereof that any such state or unit pledge its full faith and credit to the repayment thereof. No loan shall be made under this paragraph after September 30, 1986. “(2) The Secretary shall, subject to the provisions of subsection (f), guarantee, or enter into commitments to guarantee, the payment of interest on, and the principal amount of, any bond or other evidence of indebtedness if it is issued by a coastal state or a unit of general purpose local government for the purpose of providing new or improved public facilities or public services, or both, which are required as a result of a coastal energy activity. “(3) If the Secretary finds that any coastal state or unit of general purpose local government is unable to meet its obligations pursuant to a loan or guarantee made under paragraph (1) or (2) because the actual increases in employment and related population resulting from coastal energy activity and the facilities associated with such activity do not provide adequate revenues to enable such state or unit to meet such obligations in accordance with the appropriate repayment schedule, the Secretary shall, after review of the information submitted by such state or unit pursuant to subsection (e)(3), take any of the following actions: “(A) Modify appropriately the terms and conditions of such loan or guarantee. “(B) Refinance such loan. “(C) Make a supplemental loan to such state or unit the proceeds of which shall be applied to the payment of principal and interest due under such loan or guarantee. “(D) Make a grunt to such state or unit the proceeds of which shall be applied to the payment of principal and interest due under such loan or guarantee. Notwithstanding the preceding sentence, if the Secretary— “(i) has taken action under subparagraph (A), (B), or (C) with respect, to any loan or guarantee made under paragraph (1) or (2), and “(ii) finds that additional action under subparagraph (A), (B), or (C) will not enable such state or unit to meet, within a reasonable time, its obligations under such loan or guarantee and any additional obligations related to such loan or guarantee; the Secretary shall make a grant or grants under subparagraph (D) to such state or unit in an amount sufficient to enable such state or unit to meet such outstanding obligations. “(4) The Secretary shall make grants to any coastal state to enable such state to prevent, reduce, or ameliorate any unavoidable loss in such state’s coastal zone of any valuable environment id or recreational resource, if such loss results from coastal energy activity, if the Secretary finds that such state has not received amounts under subsection (b) which are sufficient to prevent, reduce, or ameliorate such loss. “(e) Rules and regulations with respect to the following matters

Rules and regulations.

shall be promulgated by the Secretary as soon as practicable, hut not later than 270 days after the date of the enactment of this section: “(1) A formula and procedures for apportioning equitably,

Financial assistance, formula and procedures.

among the coastal states, the amounts which are available for the provision of financial assistance under subsection (d). Such formula shall be based on, and limited to, the following factors: “(A) The number of additional individuals who are expected to become employed in new or expanded coastal 90 STAT. 1024energy activity, and the related new population, who reside in the respective coastal states. “(B) The standardized unit costs (as determined by the Secretary by rule), in the relevant regions of such states, for new or improved public facilities and public services which are required as a result of such expected employment and the related new population. “(2) Criteria under which the Secretary shall review each coastal state’s compliance with the requirements of subsection (g)(2). “(3)

Criteria and procedures for repayment.

Criteria and procedures for evaluating the extent to which any loan or guarantee under subsection (d) (1) or (2) which is applied for by any coastal state or unit of general purpose local government can be repaid through its ordinary methods and rates for generating tax revenues. Such procedures shall require such state or unit to submit to the Secretary such information which is specified by the Secretary to be necessary for such evaluation, including, but not limited to— “(A) a statement as to the number of additional individuals who are expected to become employed in the new or expanded coastal energy activity involved, and the related new population, who reside in such state or unit; “(B) a description, and the estimated costs, of the new or improved public facilities or public services needed or likely to be needed as a result of such expected employment and related new population; “(C) a projection of such state’s or unit’s estimated tax receipts during such reasonable time thereafter, not to exceed 30 years, which will be available for the repayment of such loan or guarantee; and “(D) a proposed repayment schedule. The procedures required by this paragraph shall also provide for the periodic verification, review, and modification (if necessary) by the Secretary of the information or other material required to be submitted pursuant to this paragraph. “(4) Requirements, terms, and conditions (which may include the posting of security) which shall be imposed by the Secretary, in connection with loans and guarantees made under subsections (d) (1) and (2), in order to assure repayment within the time fixed, to assure that the proceeds thereof may not be used to provide public services for an unreasonable length of time, and otherwise to protect the financial interests of the United States. “(5)

Interest rate.

Criteria under which the Secretary shall establish rates of interest on loans made under subsections (d) (1) and (3). Such rates shall not exceed the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturity of such loans. In developing rules and regulations under this subsection, the Secretary shall, to the extent practicable, request the views of, or consult with, appropriate persons regarding impacts resulting from coastal energy activity. “(f) (1) Bonds or other evidences of indebtedness guaranteed under subsection (d)(2) shall be guaranteed on such terms and conditions as the Secretary shall prescribe, except that— “(A) no guarantee shall be made unless the indebtedness involved will be completely amortized within a reasonable period, not to exceed 30 years; 90 STAT. 1025 “(B) no guarantee shall be made unless the Secretary determines that such bonds or other evidences of indebtedness will— “(i) be issued only to investors who meet the requirements prescribed by the Secretary, or, if an offering to the public is contemplated, be underwritten upon terms and conditions approved by the Secretary; “(ii) bear interest at a rate found not to be excessive by the Secretary; and “(iii) contain, or be subject to, repayment, maturity, and other provisions which are satisfactory to the Secretary; “(C) the approval of the Secretary of the Treasury shall be required with respect to any such guarantee, unless the Secretary of the Treasury waives such approval; and “(D) no guarantee shall be made after September 30, 1986. “(2) The full faith and credit of the United States is pledged to the payment, under paragraph (5), of any default on any indebtedness guaranteed under subsection (d)(2). Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation, except for fraud or material misrepresentation on the part of the holder, or known to the holder at the time acquired. “(3) The Secretary shall prescribe and collect fees in connection

Fees.

with guarantees made under subsection (d)(2). These fees may not exceed the amount which the Secretary estimates to be necessary to cover the administrative costs pertaining to such guarantees. “(4) The interest paid on any obligation which is guaranteed under subsection (d) (2) and which is received by the purchaser thereof (or the purchaser’s successor in interest), shall be included in gross income for the purpose of chapter 1 of the Internal Revenue Code of 1954.

26 USC 1 et seq.

The Secretary may pay out of the Fund to the coastal state or the unit of general purpose local government issuing such obligations not more than such portion of the interest on such obligations as exceeds the amount of interest that would be due at a comparable rate determined for loans made under subsection (d)(1). “(5) (A) Payments required to be made as a result of any guarantee made under subsection (d) (2) shall be made by the Secretary from sums appropriated to the Fund or from moneys obtained from the Secretary of the Treasury pursuant to paragraph (6). “(B) If there is a default by a coastal state or unit of general purpose local government in any payment of principal or interest due under a bond or other evidence of indebtedness guaranteed by the Secretary under subsection (d)(2), any holder of such bond or other evidence of indebtedness may demand payment by the Secretary of the unpaid interest, on and the unpaid principal of such obligation as they become due. The Secretary, after investigating the facts presented by the holder, shall pay to the holder the amount which is due such holder, unless the Secretary finds that there was no default by such state or unit or that such default has been remedied. “(C) If the Secretary makes a payment to a holder under subparagraph (B), the Secretary shall— “(i) have all of the rights granted to the Secretary or the United States by law or by agreement with the obligor; and “(ii) be subrogated to all of the rights which were granted such holder, by law, assignment, or security agreement between such holder and the obligor. 90 STAT. 1026 Such rights shall include, but not be limited to, u right of reimbursement to the United States against the coastal state or unit of general purpose local government for which the payment was made for the amount of such payment plus interest at the prevailing current rate as determined by the Secretary. If such coastal state, or the coastal state in which such unit is located, is duo to receive any amount under subsection (b), the Secretary shall, in lieu of paying such amount to such state, deposit such amount in the Fund until such right of reimbursement has been satisfied. The Secretary may accept, in complete or partial satisfaction of any such rights, a conveyance of property or interests therein. Any property so obtained by the Secretary may be completed, maintained, operated, held, rented, sold, or otherwise dealt with or disposed of on such terms or conditions as the Secretary prescribes or approves. If, in any case, the sum received through the sale of such property is greater than the amount paid to the holder under subparagraph (D) plus costs, the Secretary shall pay any such excess to the obligor. “(D) The Attorney General shall, upon the request of the Secretary, take such action as may be appropriate to enforce any right accruing to the Secretary or the United States as a result of the making of any guarantee under subsection (d) (2). Any sums received through any sale under subparagraph (C) or recovered pursuant to this subparagraph shall be paid into the Fund. “(6) If the moneys available to the Secretary are not sufficient to pay any amount which the Secretary is obligated to pay under paragraph (5), the Secretary shall issue to the Secretary of the Treasury notes or other obligations (only to such extent and in such amounts as may be provided for in appropriation Acts) in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury prescribes. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States on comparable maturities during the month preceding the issuance of such notes or other obligations. Any sums received by the Secretary through such issuance shall be deposited in the Fund. The Secretary of the Treasury shall purchase any notes or other obligations issued under this paragraph, and for this purpose such Secretary may use as a public debt transaction the proceeds from the sale of any securities

31 USC 774.

issued under the Second Liberty Bond Act, as now or hereafter in force. The purposes for which securities may be issued under that Act are extended to include any purchase of notes or other obligations issued under this paragraph. The Secretary of the Treasury may at any time sell any of the notes or other obligations so acquired under this paragraph. All redemptions, purchases, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. “(g) (1) No coastal state is eligible to receive any financial assistance under this section, unless such state— “(A) has a management program which has been approved

16 USC 1455

Ante, p. 1015.

under section 306; “(B) is receiving a grant under section 305(c) or (d); or “(C) is, in the judgment of the Secretary, making satisfactory progress toward the development of a management program

16 USC 1433.

which is consistent with the policies set forth in section 303. 90 STAT. 1027 “(2) Each coastal state shall, to the maximum extent practicable, provide that financial assistance provided under this section be apportioned, allocated, and granted to units of local government within such state on a basis which is proportional to the extent to which such units need such assistance. “(h) There is established in the Treasury of the United States the

Coastal Energy Impact Fund.

Establishment.

Coastal Energy Impact Fund. The Fund shall be available to the Secretary without fiscal year limitation as a revolving fund for the purposes of carrying out subsections (c) and (d). The Fund shall consist of— “(1) any sums appropriated to the Fund; “(2) payments of principal and interest received under any loan made under subsection (d)(1); “(3) any fees received in connection with any guarantee made under subsection (d) (2); and “(4) any recoveries and receipts under security, subrogation, and other rights and authorities described in subsection (f). All payments made by the Secretary to carry out the provisions of subsections (c), (d), and (f) (including reimbursements to other Government accounts) shall be paid from the Fund, only to the extent provided for in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of subsections (c), (d), and (f) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(i) The Secretary shall not intercede in any land use or water use decision of any coastal state with respect to the siting of any energy facility or public facility by making siting in a particular location a prerequisite to, or a condition of, financial assistance under this section. “(j) The Secretary may evaluate, and report to the Congress, on the

Report to Congress.

efforts of the coastal states and units of local government therein to reduce or ameliorate adverse consequences resulting from coastal energy activity and on the extent to which such efforts involve adequate consideration of alternative sites. “(k) To the extent that Federal funds are available under, or pursuant to, any other law with respect to— “(1) study and planning for which financial assistance may be provided under subsection (b)(4)(B) and (c), or “(2) public facilities and public services for which financial assistance, may be provided under subsection (b) (4) (B) and (d), the Secretary shall, to the extent practicable, administer such subsections— “(A) on the basis that the financial assistance shall be in addition to, and not in lieu of, any Federal funds which any coastal state or unit of general purpose local government may obtain under any other law; and “(B) to avoid duplication. “(l) As used in this section—

Definitions.

 “(1) The term ‘retirement’, when used with respect to bonds, means the redemption in full and the withdrawal from circulation of those which cannot be repaid by the issuing jurisdiction in accordance with the appropriate repayment schedule. “(2) The term ‘unavoidable’, when used with respect to a loss of any valuable environmental or recreational resource, means a loss, in whole or in part— “(A) the costs of prevention, reduction, or amelioration of which cannot be directly or indirectly attributed to, or assessed against, any identifiable person; and 90 STAT. 1028 “(B) cannot be paid for with fluids which are available under, or pursuant to, any provision of Federal law other than this section. “(3) The term ‘unit, of general purpose local government’ means any political subdivision of any coastal state or any special entity created by such a state or subdivision which (in whole or part) is located in, or has authority over, such state’s coastal zone, and which (A) has authority to levy taxes or establish and collect user fees, and (B) provides any public facility or public service which is financed in whole or part by taxes or user fees.”.
SEC. 8. INTERSTATE GRANTS. The Coastal Zone Management Act of 1972 is further amended by adding immediately after section 308 (as added by section 7 of this Act) the following:
“interstate grants “Sec. 309. (a)

16 USC 1456b.

The coastal states are encouraged to give high priority— “(1) to coordinating state coastal zone planning, policies, and programs with respect to contiguous areas of such states; and “(2) to studying, planning, and implementing unified coastal zone policies with respect to such areas. Such coordination, study, planning, and implementation may be conducted pursuant to interstate agreements or compacts. The Secretary may make grants annually, in amounts not to exceed 90 per centum of the cost of such coordination, study, planning, or implementation, if the Secretary finds that the proceeds of such grants will be used for

Ante, p. 1015.

16 USC 1455.

Agreements or compacts.

purposes consistent with sections 305 and 306. “(b) The consent of the Congress is hereby given to two or more coastal states to negotiate, and to enter into, agreements or compacts, which do not conflict with any law or treaty of the United States, for— “(1) developing and administering coordinated coastal zone planning, policies, and programs pursuant, to sections 305 and 306; and “(2) establishing executive instrumentalities or agencies which such states deem desirable for the effective implementation of such agreements or compacts. Such agreements or compacts shall be binding and obligatory upon any state or party thereto without further approved by the Congress. “(c) Each executive instrumentality or agency which is established by an interstate agreement or compact pursuant to this section is encouraged to adopt a Federal-State consultation procedure for the identification, examination, and cooperative resolution of mutual problems with respect to the marine and coastal areas which affect, directly or indirectly, the applicable coastal zone. The Secretary, the Secretary of the Interior, the Chairman of the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Secretary of the department in which the Coast Guard is operating, and the Administrator of the Federal Energy Administration, or their designated representatives, shall participate ex officio on behalf of the Federal Government whenever any such Federal-State consultation is requested by such an instrumentality or agency. “(d) If no applicable interstate agreement or compact exists, the Secretary may coordinate coastal zone activities described in subsection (a) and may make grants to assist any group of two or more coastal states to create and maintain a temporary planning and coordinating entity to— 90 STAT. 1029 “(1) coordinate state coastal zone planning, policies, and programs with respect to contiguous areas of the states involved; “(2) study, plan, and implement unified coastal zone policies with respect to such areas; and “(3) establish an effective mechanism, and adopt a Federal-State consultation procedure, for the identification, examination, and cooperative resolution of mutual problems with respect to the marine and coastal areas which affect, directly or indirectly, the applicable coastal zone. The amount of such grant s shall not exceed 90 per centum of the cost of creating and ‘maintaining such an entity. The Federal officials specified in subsection (c), or their designated representatives, shall participate on behalf of the Federal Government, upon the request of any such temporary planning and coordinating entity.”.
SEC. 9. RESEARCH AND TECHNICAL ASSISTANCE. The Coastal Management Act of 1972 is further amended by adding immediately after section 309 (as added by section 8 of this Act) the following:
“research and technical assistance for coastal zone management “Sec. 310. (a) The Secretary may conduct a program of research,

16 USC 1456c.

study, and training to support the development and implementation of management programs. Each department, agency, and instrumentality of the executive branch of the Federal Government may assist the Secretary, on a reimbursable basis or otherwise, in carrying out the purposes of this section, including, but not limited to, the furnishing of information to the extent permitted by law, the transfer of personnel with their consent and without prejudice to their position and rating, and the performance of any research, study, and training which does not interfere with the performance of the primary duties of such department, agency, or instrumentality. The Secretary may enter into

Contracts or other arrangements.

contracts or other arrangements with any qualified person for the purposes of carrying out this subsection. “(b) The Secretary may make grants to coastal states to assist such

Grants.

states in carrying out research, studies, and training required with respect to coastal zone management. The amount of any grant made under this subsection shall not exceed 80 per centum of the cost of such research, studies, and training. “(c) (1) The Secretary shall provide for the coordination of research, studies, and training activities under this section with any other such activities that are conducted by, or subject to the authority of, the Secretary. “(2) The Secretary shall make the results of research conducted pursuant, to this section available to any interested person.”.
SEC. 10. REVIEW OF PERFORMANCE. Section 312(a) of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1458(a)) is amended to read as follows: “(a) The Secretary shall conduct a continuing review of— “(1) the management programs of the coastal states and the performance of such states with respect to coastal zone management; and “(2) the coastal energy impact program provided for under section 308.”.

Ante, p. 1019.
90 STAT. 1030
SEC. 11. AUDIT OF TRANSACTIONS. Section 313 of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1459), is amended— (1) by inserting “and audit” after “records” in the title of such section; (2) by amending subsection (a)— (A) by inserting immediately after “grant under this title” the following: “or of financial assistance under section 308”, and (B) by inserting after “received under the grant” the following: “and of the proceeds of such assistance”; and (3) by amending subsection (b) to read as follows: “(b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall— “(1) after any grant is made under this title or any financial

Ante, p. 1019.

assistance is provided under section 308(d); and “(2) until the expiration of 3 years after— “(A) completion of the project, program, or other undertaking for which such grant was made or used, or “(B) repayment of the loan or guaranteed indebtedness for which such financial assistance was provided, have access for purposes of audit and examination to any record, book, document, and paper which belongs to or is used or controlled by, any recipient of the grant funds or any person who entered into any transaction relating to such financial assistance and which is pertinent for purposes of determining if the grant funds or the proceeds of such financial assistance are being, or were, used in accordance with the provisions of this title.”.
SEC. 12. ACQUISITION OF ACCESS TO PUBLIC BEACHES AND OTHER PUBLIC COASTAL AREAS. Section 315 of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1461), is amended to read as follows:
“estuarine sanctuaries and beach access “Sec. 315.

Grants.

The Secretary may, in accordance with this section and in accordance with such rules and regulations as the Secretary shall promulgate, make grants to any coastal state for the purpose of— “(1) acquiring, developing, or operating estuarine sanctuaries, to serve as natural field laboratories in which to study and gather data on the natural and human processes occurring within the estuaries of the coastal zone; and “(2) acquiring lands to provide for access to public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value, and for the preservation of islands. The amount of any such grant shall not exceed 50 per centum of the cost of the project involved; except that, in the case of acquisition of any estuarine sanctuary, the Federal share of the cost thereof shall not exceed $2,000,000.”.
SEC. 13. ANNUAL REPORT. The second sentence of section 316(a) of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1462(a)), is amended by striking out “and (9)” and inserting in lieu thereof “(12)”; and by inserting immediately after clause (8) the following: “(9) a description of the economic, environmental, and 90 STAT. 1031social consequences of energy’ activity affecting the coastal zone and an evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences; (10) a description and evaluation of applicable interstate and regional planning and coordination mechanisms developed by the coastal states; (11) a summary and evaluation of the research, studies, and training conducted in support of coastal zone management; and”.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. Section 318 of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1464), is amended to read as follows:
“authorization or appropriations “Sec. 318. (a) There are authorized to be appropriated to the Secretary— “(1) such sums, not to exceed $20,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979, respectively, as may be necessary for grants under section 305, to remain available until expended; “(2) such sums, not to exceed 850,000.000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 306, to remain available until expended; “(3) such sums, not to exceed $50,000,000 for each of the 8 fiscal years occurring during the period beginning October 1, 1976, and ending September 30, 1984, as may be necessary for grants under section 308 (b);

Ante, p. 1019.

 “(4) such sums, not to exceed $5,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 309, to remain available until

Ante, p. 1028.

expended; “(5) such sums, not to exceed $10,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for financial assistance under section 310, of which 50 per centum shall be for financial assistance under section 310(a) and 50 per centum shall be for financial assistance, under section 310(b), to remain available until expended; “(6) such sums, not to exceed $6,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 315(1), to remain available until expended; “(7) such sums, not to exceed $25,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 315(2), to remain available until expended; and “(8) such sums, not to exceed $5,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary’ for administrative expenses incident to the administration of this title. “(b) There are authorized to be appropriated until October 1, 1986, to the Fund, such sums, not to exceed $800,000,000, for the purposes of 90 STAT. 1032

Ante, p. 1017.

 carrying out the provisions of section 308, other than subsection (b), of which not to exceed $50,000,000 shall be for purposes of subsections (c) and (d) (4) of such section. “(c) Federal funds received from other sources shall not be used to pay a coastal state’s share of costs under section 305, 306, 309, or

Ante, pp. 1015, 1017, 1028, 1029.

15 USC 1511a.

310.”.
SEC. 15. ADMINISTRATION. (a) There shall be in the National Oceanic and Atmospheric Administration an Associate Administrator for Coastal Zone Management, who shall be appointed by the President, by and with the advice and consent of the Senate. Such Associate Administrator shall be an individual who is, by reason of background and experience, especially qualified to direct the implementation and administration of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). Such Associate Administrator shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (b) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: “(140) Associate Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration.”. (c)

15 USC 1511a note.

The Secretary may, to carry out the provisions of the amendments made by this Act, establish, and fix the compensation for, four new positions without regard to the provision of chapter 51 of title 5, United States Code, at rates not in excess of the maximum rate for

5 USC 5332 note.

GS–18 of the General Schedule under section 5332 of such title. Any such appointment may, at the discretion of the Secretary, be made without regard to the provisions of such title 5 governing appointments in the competitive service.
SEC. 16. SHELLFISH SANITATION REGULATIONS. (a)

16 USC 1462 note.

The Secretary of Commerce shall— (1) undertake a comprehensive review of all aspects of the molluscan shellfish industry, including, but not limited to, the harvesting, processing, and transportation of such shellfish; and (2) evaluate the impact of Federal law concerning water quality on the molluscan shellfish industry.

Report to Congress.

 The Secretary of Commerce shall, not later than April 30, 1977, submit a report to the Congress of the findings, comments, and recommendations (if any) which result from such review and evaluation. 90 STAT. 1033 (b) The Secretary of Health, Education, and Welfare shall not promulgate final regulations concerning the national shellfish safety program before June 30, 1977. At least 60 days prior to the promulgation

Analysis, publication.

of any such regulations, the Secretary of Health, Education, and Welfare, in consultation with the Secretary of Commerce, shall publish an analysis (1) of the economic impact of such regulations on the domestic shellfish industry, and (2) the cost of such national shellfish safety program relative to the benefits that it is expected to achieve.
Approved July 26, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–878 accompanying H.R. 3981 (Comm. on Merchant Marine and Fisheries) and No. 94–1298 (Comm. of Conference). SENATE REPORTS: No. 94–277 (Comm. on Commerce) and No. 94–987 (Comm. of Conference). CONGRESSIONAL RECORD:

Vol. 121 (1975): July 16, considered and passed Senate.

Vol. 122 (1976): Mar. 11, considered and passed House, amended, in lieu of H.R. 3981.

June 29, Senate agreed to conference report.

June 30, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 31 (1976): July 26, Presidential statement.

 Public Law 94–371: To amend the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, and for other purposes. Public Law 371 Public Law 94–371 90 Stat. 1035 1976-07-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 1035 Public Law 94–371 94th Congress
An Act To amend the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, and for other purposes.

July 26, 1976

[S. 3184]

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

Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976.

42 USC 4541 note.

42 USC 4541.

cited as the “Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976”.
Sec. 2. Section 2(b) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (hereinafter in this Act referred to as “the Act”) is amended to read as follows: “(b) It is the policy of the United States and the purpose of this Act to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism through— “(1) comprehensive Federal, State, and local planning for, and effective use of, Federal assistance to States, and direct Federal assistance to community-based programs to meet the urgent needs of special populations, in coordination with all other governmental and nongovernmental sources of assistance; “(2) the development of methods for diverting problem drinkers from criminal justice systems into prevention and treatment programs; and “(3) increased Federal commitment to research into the behavioral and biomedical etiology of, the treatment of, and the mental and physical health and social and economic consequences of, alcohol abuse and alcoholism.”.
Sec. 3. (a) Section 301 of the Act is amended (1) by striking out

Appropriation authorization.

42 USC 4571

“and” after “1975,” and (2) by inserting after “1976,” the following; “$70,000,000 for the fiscal year ending September 30, 1977, $77,000,000 for the fiscal year ending September 30, 1978, and $85,000,000 for the fiscal year ending September 30, 1979,”. (b) Section 302(a) of the Act is amended by adding at the end

Regulation.

42 USC 4572.

thereof the following new sentence: “In determining the extent of a State’s need for more effective prevention, treatment, and rehabilitation of alcohol abuse and alcoholism, the Secretary shall (within ISO days after the date of enactment of this sentence) by regulation establish a methodology to assess and determine the incidence and prevalence of alcohol abuse within the States.”.
Sec. 4. (a) Section 304(b) of the Act is amended by striking out

42 USC 4574.

the last sentence thereof. (b) Effective July 1, 1976, sect ion 304 (c) of the Act is amended by— (1) striking out “10 per centum” and substituting “20 percent”; and (2) striking out “$100,000” and substituting “$150,000”. (c) Effective July 1, 1976— (1) sections 304(d) and 311(d) of the Act are repealed,

Repeals.

42 USC 4577.

 (2) section 304 of the Act (A) is transferred to part B of the Act, (B) is inserted before section 311, and (C) is redesignated as section 310, and 90 STAT. 1036 (3)

42 USC 4577.

part B of the Act is amended by inserting after section 311 the following new section;
“authorizations of appropriations “Sec. 312.

42 USC 4578.

For purposes of sections 310 and 311, there are authorized to be appropriated $85,000,000 for the fiscal year ending September 30, 1977, $91,000,000 for the fiscal year ending September 30, 1978, and $102,500,000 for the fiscal year ending September 30, 1979.”.
 (d)

Ante, p. 1035.

42 USC 4576.

Section 310(a) of the Act (as so redesignated) is amended (1) by striking out “September 30, 1977” and inserting in lieu thereof “September 30, 1979”, and (2) by striking out “three grants” and inserting in lieu thereof “six grants”.
Sec. 5. (a)

State plans, approval.

42 USC 4573.

42 USC 300m–3.

Section 303(a)(3) of the Act is amended by inserting “and at least one representative of the Statewide Health Coordinating Council established pursuant to section 1524 of the Public Health Service Act,” after “alcoholism,”. (b) (1) Section 303(a) of the Act is further amended by striking out “and” at the end of paragraph (10), by redesignating paragraph (11) as paragraph (16) and by inserting after paragraph (10) the following: “(11) contain, to the extent feasible, a complete inventory of all public and private resources available in the State for the purpose of alcohol abuse and alcoholism treatment, prevention, and rehabilitation, including but not limited to programs funded under State and local laws, occupational programs, voluntary organizations, education programs, military and Veterans’ Administration resources, and available public and private third-party payment plans; “(12) provide assurance that the State agency will coordinate its planning with local alcoholism and alcohol abuse planning agencies and with other State and local health planning agencies; “(13) provide assurance that State certification, accreditation, or licensure requirements, if any, applicable to alcohol abuse and alcoholism treatment facilities and personnel take into account the special nature of such programs and personnel, including the need to encourage the development of nonmedical modes of treatment and the need to acknowledge previous experience when assessing the adequacy of treatment personnel; “(14) provide reasonable assurance that prevention or treatment projects or programs supported by funds made available

42 USC 4572.

under section 302 have provided to the State agency a proposed performance standard or standards to measure, or research protocol to determine, the effectiveness of such prevention or treatment programs or projects; “(15)

Review; reports.

42 USC 4581.

provide that the State agency will review admissions to hospitals and outpatient facilities to assist the Secretary in determining the compliance of such hospitals and facilities with the requirement of section 321 and shall make periodic reports to the Secretary respecting such review; and”. (2)

Effective date.

42 USC 4573 note.

42 USC 4572.

The amendments made by paragraph (1) shall apply with respect to State plan requirements for allotments under section 302 of the Act after June 30, 1976. (c) (1) Section 303 of the Act is further amended by inserting at the end thereof the following new’ subsection: “(c)

Regulations; report to the Secretary of HEW.

The Secretary shall by regulation require, as a condition to the approval of the State plan, that the State for which such plan was submitted report to the Secretary (in such form and manner as the Secretary shall prescribe) an assessment of the progress of the State in the implementation of its State plan. After making an initial such 90 STAT. 1037report, a State shall make additional reports every third year thereafter in which it receives an allotment under this part. The reporting requirement shall first apply with respect to State plans submitted for allotments for fiscal years beginning after September 30, 1977.”. (2) Section 303(a)(4) of the Act is amended by inserting “(A)”

42 USC 4573.

after “(4)” and by inserting after Such section the following: “(B) include in the survey conducted pursuant to subparagraph (A) an identification of the need for prevention and treatment of alcohol abuse and alcoholism by women and by individuals under the age of eighteen and provide assurance that prevention and treatment programs within the State will be designed to meet such need;”.
Sec. 6. (a) Section 311(a) of the Act is amended to read as follows:

Grants and contracts.

42 USC 4577.
“Sec. 311 (a) The Secretary, acting through the Institute, may make grants to public and nonprofit private entities and may enter into contracts with public and private entities and with individuals— “(1) to conduct demonstration and evaluation projects, including projects designed to develop methods for the effective coordination of all alcoholism treatment, training, prevention, and research resources available within a health service area established under section 1511 of the Public Health Service Act,

42 USC 300l.

 “(2) to provide treatment and prevention services, with special emphasis on currently underserved populations, such as racial and ethnic minorities, native Americans, youth, female alcoholics, and individuals in geographic areas where such services are not otherwise adequately available, “(3) to provide education and training, which may include additional training to enable treatment personnel to meet certification requirements of public or private accreditation or licensure, or requirements of third-party payors, and “(4) to provide programs and services, including education and counseling services, in cooperation with law enforcement personnel, schools, courts, penal institutions, and other public agencies, for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics.”.
 (b) Section 311(b) of the Act is amended by redesignating clause (2) as clause (3) and inserting a new clause (2) after “individuals;” as follows: “(2) where a substantial number of the individuals in the

Limited English-speaking individuals.

population served by the project or program are of limited English-speaking ability, utilize the services of outreach workers fluent in the language spoken by a predominant number of such individuals and develop a plan and make arrangements responsive to the needs of such population for providing services to the extent practicable in the language and cultural context most appropriate to such individuals, and identify an individual employed by the project or program, or who is available to the project or program on a full-time basis, who is fluent both in that language and English and whose responsibilities shall include providing guidance to the individuals of limited English speaking ability and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences;”. (c) Section 311(c) of the Act is amended by adding after paragraph (3) the following new paragraphs: “(4) The Secretary shall give special consideration to applications

Programs for women and juveniles, applications.

under this section for programs and projects for prevention and treatment of alcohol abuse and alcoholism by women and for programs and projects for prevention and treatment of alcohol abuse and alcoholism by individuals under the age of eighteen. 90 STAT. 1038 “(5) Each applicant, upon filing its application with the Secretary for a grant or contract to provide prevention or treatment services, shall provide a proposed performance standard or standards to measure, or research protocol to determine, the effectiveness of such services.”.
Sec. 7.

42 USC 4591.

The Act is further amended by redesignating title V and references thereto as title VI and by inserting after title IV the following: <num value="V">“TITLE V—</num><heading class="inline">RESEARCH</heading> <section> <heading class="smallCaps centered">“encouragement of research</heading> <num value="501"><inline class="smallCaps">“Sec</inline>. 501. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4585">42 USC 4585</ref>.</p></sidenote><chapeau class="inline">The Secretary, acting through the Institute, shall carry out a program of research, investigations, experiments, demonstrations, and studies, directly and by grant or contract, into—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the behavioral and biomedical etiology of,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>treatment of,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>mental and physical health consequences of, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><content>social and economic consequences of, alcohol abuse and alcoholism.</content> </paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>In carrying out the program described in subsection (a) of this section, the Secretary, acting through the Institute, is authorized to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>collect and make available through publications and other appropriate means, information as to, and the practical application of, the research and other activities under the program;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>make available research facilities of the Public Health Service to appropriate, public authorities, and to health officials and scientists engaged in special study;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p></sidenote><content class="inline">make grants to universities, hospitals, laboratories, and other public or nonprofit institutions, and to individuals for such research projects as are recommended by the National Advisory Council on Alcohol Abuse and Alcoholism;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>secure from time to time and for such periods as he deems advisable, the assistance and advice of experts, scholars, and consultants from the United States or abroad;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>promote the coordination of research programs conducted by the Institute, and similar programs conducted by other agencies, organizations, and individuals, including all National Institutes of Health research activities which are or may be related to the problems of individuals suffering from alcoholism or alcohol abuse;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Intramural program.</p></sidenote><chapeau class="inline">conduct an intramural program of biomedical and behavioral research, including research into the most effective means of treatment and service delivery, and including research involving human subjects, which is—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>located in an institution capable of providing all necessary medical care for such human subjects, including complete 24-hour medical diagnostic, services by or under the supervision of physicians, acute and intensive medical care, including 24-hour emergency care, psychiatric care, and such other care as is determined to be necessary for individuals suffering from alcoholism and alcohol abuse; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>associated with an accredited medical or research training institution;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>for purposes of study, admit and treat at institutions, hospitals, and stations of the Public Health Service, persons not otherwise eligible for such treatment;</content> </paragraph> <page identifier="/us/stat/90/1039">90 STAT. 1039</page> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>provide to health officials, scientists, and appropriate public and other nonprofit institutions and organizations, technical advice and assistance on the application of statistical methods to experiments, studies, and surveys in health and medical fields;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>enter into contracts under this title without regard to <sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote>sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>adopt, upon recommendation of the National Advisory Council on Alcohol Abuse and Alcoholism, such additional means as be deems necessary or appropriate to carry out the purposes of this section.</content></paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“scientific peer review</heading> <num value="502"><inline class="smallCaps">“Sec</inline>. 502. </num> <content>The Secretary, acting through the Institute, shall, by regulation, <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4586">42 USC 4586</ref>.</p></sidenote>provide for review of all research grants and contracts, training, treatment, and prevention activity grants, and programs over which he has authority under this Act by utilizing, to the maximum extent possible, appropriate peer review groups, composed principally of non-Federal scientists and other experts in the field of alcoholism.</content> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="503"><inline class="smallCaps">“Sec</inline>. 503. </num> <content>There are authorized to be appropriated for carrying out <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4587">42 USC 4587</ref>.</p></sidenote>the purposes of section 501 and 502 $20,000,000 for the fiscal year ending September 30, 1977, $24,000,000 for the fiscal year ending September 30, 1978, and $28,000,000 for the fiscal year ending September 30, 1979.</content> </section> <section> <heading class="smallCaps centered">“national alcohol research centers</heading> <num value="504"><inline class="smallCaps">“Sec</inline>. 504. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The Secretary acting through the Institute may <sidenote><p class="indent0 firstIndent0 fontsize8">Designation.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s4588">42 USC 4588</ref>.</p></sidenote>designate National Alcohol Research Centers for the purpose of interdisciplinary research relating to alcoholism and other alcohol problems. No entity may be designated as a Center unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be submitted in such manner and contain such information as the Secretary may reasonably require. The Secretary may not approve such an application unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>the application contains or is supported by reasonable assurances that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the applicant has the experience, or capability, to conduct, through biomedical, behavioral, social, and related disciplines, long-term research on alcoholism and other alcohol problems and to provide coordination of such research among such disciplines;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the applicant has available to it sufficient laboratory facilities and reference services (including reference services that will afford access to scientific alcohol literature);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the applicant has facilities and personnel to provide training in the prevention and treatment of alcoholism and other alcohol problems;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the applicant has the capacity to train predoctoral and postdoctoral students for careers in research on alcoholism and other alcohol problems; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the applicant has the capacity to conduct courses on alcohol problems and research on alcohol problems for undergraduate and graduate students, and for medical and osteopathic students and physicians;</content></subparagraph> </paragraph> <page identifier="/us/stat/90/1040">90 STAT. 1040</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><content>the application contains a detailed five-year plan for research relating to alcoholism and other alcohol problems.</content> </paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Annual grants, limitations.</p></sidenote><content class="inline">The Secretary shall, under such conditions as the Secretary may reasonably require, make annual grants to Centers which have been designated under this section. No annual grant to any Center may exceed $1,000,000. No funds provided under a grant under this subsection may be used for the purchase or rental of any land or the rental, purchase, construction, preservation, or repair of any building. For the purposes of the preceding sentence, the term ‘construction’ has the meaning given that term by section 702(2) of the Public Health Service Act (42 U.S.C. 292a).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote><content class="inline">There are authorized to be appropriated to carry out the purposes of this section $6,000,000 for the fiscal year ending September 30, 1977, and for each of the next two succeeding fiscal years.”.</content></subsection></section>
Sec. 8.

42 USC 3511.

Section 201 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974 is amended by adding at the end thereof the following new subsection: “(d)

Evaluation and recommendations.

The Secretary of Health, Education, and Welfare, acting through the Administration, shall evaluate and make recommendations regarding improved, coordinated activities, where appropriate, for public education and other prevention programs with respect to the abuse of alcohol and other substances.”.
Sec. 9. The first sentence of section 217(d) of the Public Health Service Act (42 U.S.C. 218) is amended by adding before the period at the end thereof the following: “, including policies and priorities with respect to grants and contracts”.
Sec. 10. (a) (1) Section 409(e)(5) of the Drug Abuse Office and

21 USC 1176.

Treatment Act of 1972 is amended by inserting “(A)” after “(5)” and by inserting after such section the following: “(B) include in the survey conducted pursuant, to subparagraph (A) an identification of the need for prevention and treatment of drug abuse and drug dependence by women and by individuals under the age of eighteen and provide assurance that prevention and treatment programs within the State will be designed to meet such need;”. (2)

Effective date.

21 USC 1176 note.

42 USC 2688a, 2688k, 2688n–1.

The amendment made by paragraph (1) shall apply with respect to State plans submitted for grants under section 401 of the Drug Abuse Office and Treatment Act of 1972 after June 30, 1976. (b) (1) Section 409(c) (1) (A) of such Act is amended by striking out “an allotment for a fiscal year in an amount not less than $150,000, the allotment for such State for such fiscal year may not be less than $150,000 multiplied by such fraction” and substituting “a minimum allotment in excess of $100,000, multiplied by such fraction, the minimum allotment for such State may be increased by up to 50 percent in accordance with such demonstrated need”. (2)

Effective date.

21 USC 1176 note.

21 USC 1177.

The amendment made by paragraph (1) shall apply with respect to allotments under section 409(c) of the Drug Abuse Office and Treatment Act of 1972 after June 30, 1976. (c) (1) Section 410 of such Act is amended by redesignating subsection (d) as subsection (e) and by adding after subsection (c) the following: “(d)

Programs for women and juveniles, applications.

The Secretary shall give special consideration to applications under this section for programs and projects for prevention and treatment of drug abuse and drug dependence by women and for programs and projects for prevention and treatment of drug abuse and drug dependence by individuals under the age of eighteen.”. 90 STAT. 1041 (2) The amendment made by paragraph (1) shall apply with respect

Effective date.

21 USC 1177 note.

21 USC 1177.

42 USC 4581.

to applications submitted for grants or contracts under section 410 of the Drug Abuse Office and Treatment Act of 1972 after June 30, 1976.
Sec. 11. (a) Section 321(a) of the Act is amended by inserting “, or outpatient facility (as defined in section 1633(6) of the Public Health Service Act)” after “hospital”. (b) Section 321 (b) (1) of the Act as amended by— (1) inserting “and outpatient facilities” after “hospitals”; (2) inserting “or outpatient facility” after “hospital” each time it appears; and (3) striking out “is authorized to make regulations” in the first sentence and inserting in lieu thereof “shall issue regulations not later than December 31, 1976”. (c) (1) The heading for part C of the Act is amended by striking out “Hospitals” and inserting in lieu thereof “Hospitals and Outpatient Facilities”. (2) The heading for section 321 of the Act is amended by striking out “hospitals” and inserting in lieu thereof “hospitals and outpatient facilities”.
Sec. 12. (a) Section 311(c)(2) of the Act is amended by inserting

42 USC 4577.

Application, review.

Approval.

at the end thereof the following: “Each application for a grant under this section shall be submitted by the Secretary to the National Advisory Council on Alcohol Abuse and Alcoholism for its review. The Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council.”. (b) The amendment made by subsection (a) shall apply with respect

Effective date.

42 USC 4577 note.

to applications for grants under section 311 of the Act after June 30, 1976.
Approved July 26, 1976.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94–1092 accompanying H.R. 12677 (Comm. on Interstate and Foreign Commerce) and No. 94–1285 (Comm. of Conference). SENATE REPORTS: No. 94–705 and No. 94–705 pt. 2 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 29, considered and passed Senate.

May 21, considered and passed House, amended, in lieu of H.R. 12677.

June 29, House and Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 31:

July 27, Presidential statement.

 Public Law 94–372: To amend section 502 of the Merchant Marine Act, 1036. Public Law 372 Public Law 94–372 90 Stat. 1042 1976-07-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 1042 Public Law 94–372 94th Congress
An Act To amend section 502 of the Merchant Marine Act, 1036.

July 31, 1976

[H.R. 11504]

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

Negotiated Shipbuilding Contracting Act of 1976.
That this Act may be cited as the “Negotiated Shipbuilding Contracting Act of 1976”.
Sec. 2. Section 502(a) of the Merchant Marine Act, 1936 (46 U.S.C. 1152(a)) is amended in the third sentence thereof— (1) by striking out “June 30, 1976” and inserting in lieu thereof “June 30, 1979”; (2) by striking out “(i) the negotiated” and all that follows through “per centum in fiscal 1976:”; and (3) by redesignating “(ii)”, “(iii)”, and “(iv)” as “(1)”, “(2)”, and “(3)”.
Sec. 3.

Construction cost, limitation.

Section 502(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1152(b)) is amended by amending the fifth, sixth, seventh, arid eighth sentences thereof to read as follows: “The construction differential approved and paid by the Secretary shall not exceed 50 per centum of the cost of constructing, reconstructing, or reconditioning the vessel (excluding the cost of national defense features). If the Secretary finds that the construction differential exceeds, in any case, the foregoing percentage of such cost, the Secretary may negotiate with any bidder (whether or not such person is the lowest bidder) and may contract with such bidder (notwithstanding the first sentence

46 USC 1155.

of section 505) for the construction, reconstruction, or reconditioning of the vessel involved in a domestic shipyard at a cost which will reduce the construction differential to such percentage or less.”.
Approved July 31, 1976.
LEGISLATIVE HISTORY: HOUSE REPORT No. 94–864 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94–1013 accompanying S. 3171 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 15, considered and passed House.

June 30, S. 3171 considered and passed Senate.

July 1, considered and passed Senate, amended.

July 19, House concurred in Senate amendment.

 Public Law 94–373: Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1977, and for other purposes. Public Law 373 Public Law 94–373 90 Stat. 1043 1976-07-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-21 94 2 public 90 STAT. 1043 Public Law 94–373 94th Congress
An Act Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1977, and for other purposes.

July 31, 1976

[H.R. 14231]

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

Department of the Interior and Related Agencies Appropriation Act, 1977.

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, 1977, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF THE INTERIOR LAND AND WATER RESOURCES</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <appropriations level="small"><heading>management of lands and resources</heading> <content>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, $223,829,000.</content></appropriations> <appropriations level="small"><heading>construction and maintenance</heading> <content>For acquisition, construction and maintenance of buildings, appurtenant facilities, and other improvements, and maintenance of access roads, $10,160,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>public lands development roads and trails (liquidation of contract authority)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $5,000,000, to remain available until expended: <proviso><i>Provided</i>, That $13,900,000 of unobligated balances of contract authority provided by the Federal-Aid Highway Act of 1973 (P.L. 93–87) and proposed to be unobligated as of September <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote>30, 1977, is hereby rescinded effective October 1, 1976.</proviso></content></appropriations> <appropriations level="small"><heading>oregon and california grant lands</heading> <content>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 Califo