PUBLIC LAW 94-354, 90 STAT. 888
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subsection (d)
of section 301 of the Emergency Compensation and Special Unemployment
Assistance Extension Act of 1975, // 26 USC 3304 note. // 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
"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".
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 94-353, 90 STAT. 871 AIRPORT AND AIRWAY DEVELOPMENT ACT
AMENDMENTS OF 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Airport and Airway Development Act Amendments of 1976".
Sec. 2. Section 2 of the Airport and Airway Development Act of 1970
(49 U.S.C. 1701) is amended by striking out "june 30, 1980," the first
place it appears and inserting in lieu thereof " September 30 1980," and
by striking out everything after "$250,000,000.".
Sec. 3. (a) Section 11 of the Airport and Airway Development Act of
1970 (49 U.S.C. 1711) is amended as follows:
(1) Paragraph (2) is amended by--,
(A) striking out "and (B)" and inserting in lieu thereof "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)"; and
(B) striking out the period at the end thereof and inserting in
lieu thereof", and (C) any acquistion 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.".
(2) Paragraph (4) is amended by adding after "feasibility
studies," the following: "including the potential use and
development of land surrounding an actual or potential airport
site,"
(3) Before paragraph (1), add the following new paragraph:
"(1) ' 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
// 49 USC 1371. //
(other than a supplemental air carrier), and a commuter service
airport.".
(4) After paragraph (5), add the following new paragraphs:
"(6) ' 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 were enplaned in the aggregate by all such
air carriers from such airport during the preceding calendar year.
"(7) ' General aviation airport' means a public airport which
is not an air carrier airport.".
(5) After paragraph (12), add the following new paragraph:
"(13) ' 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.".
(b) Section 11 of the Airport and Airway Developoment Act of 1970 //
49 USC 1711. // ia mwnsws by ewnumbering the paragraphs of such section
as paragraphs (1) through (21), respectively, and renumbering all
references to such paragraphs accordingly.
Sec. 4. 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:
"(i) Revised System Plan.--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.".
Sec. 5. Section 13(b) of the Airport and Airway Development Act of
1970 (49 U.S.C. 1713) is amended as follows:
(1) The side heading is amended by striking out "
Apportionment" and inserting in lieu thereof " Limitation".
(2) Paragraph (1) is amended by striking out "$75,000,000 and"
and inserting in lieu thereof "$150,000,000,".
(3) Paragraph (2) is amended to read as follows:
"(2) The United States share of any airport master planning
grant under this section shall be that per centum for which a
project for airport developm,ent at the airport would be eligible
under section 17 of this Act. In the case of any airport system
planning grant under this section, the United States share shall
be 75 per centum.".
(4) Paragraph (3) is amended by striking out "7.5" and
inserting in lieu thereof "10".
Sec. 6. (a) 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:
"(3) For the puirpose 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
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.
"(4) For the purpose of developing general aviation airports in
the several States, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Trusrt Territi.ory 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.".
(b) (1) Section 14(b) of such Act // 49 USC 1714. // is amended--,
(A) by inserting "(1)" immediately before the first sentence;
and
(B) in the second, third, and fourth sentences, by striking out
"subsection" and inserting in lieu thereof "paragraph".
(2) Section 14(b) of such Act is further amended by adding at
the end thereof the following new paragraph:
"(2) The Secretary is authorized to incur obligations to make
grants 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 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.".
(c) 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: "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.".
(d) 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):
"(e) Other Expenses.--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 agaonst the United States Government, and (2) direst
costs incurred by the Secretary to flight check and maintain air
navigaiton 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 form the Airport
and Airway Trust Fund for the purposes of clauses (1) and (2) may
not exceed $250,000,000 for fiscal year 1977, 75,000,000 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), (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 Airport and Airway Revenue Act of 1970.
// 49 USC 1742. //
No part of the amount appropriated from the Airport and Airway
Trust Fund in any fiscal year for obligation or expenditure under
clause (2) of this subsection shall be obligated or expended which
exceed 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.".
(e) Paragraph (1) of subsection (f) (as redesignated by this
section)
of section 14 of the Airport and Airway Development Act of 1970 // 49
USC 1714. // is amended by striking out "subsections (c) and (d) of
this section,
as amended" and by inserting in lieu thereof "this section".
(f) 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 "subsections (a) and (c)" and inserting
in lieu thereof "subsections (a), (c), (d) and the third sentence of
subsection (e)".
(g) 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 "subsection (d)." and inserting subsection
(e).".
Sec. 7. (a) 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:
"(3) 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 this part, the amount made available for
athat year shall be apportioned by the Secretary as follows:
"(A) To each sponsor of an air carrier airport (other than a
commuter service ariport) as follows:
No air carrier airport (other than a commuter service
airport)--,
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 redcuce the apportionment to each
sponsor of
an air carrier airport proportionately so that such
two-thirds
amount is achieved.
"(B) Any amount not apportioned under subparagraph (A) of this
paragraph shall be distributed at the descretion of the Secretary
as follows:
"(4) 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 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:
$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.".
(b) Paragraph (5) of such section 15(a) (as renumbered by this
section is amended by inserting after "(2)(A)" the following "or (4)
(A)", by inserting after "(1) (B)" the following "or (3) (A)", and by
adding at the end thereof the following new sentence: " For purposes of
this paragraph funds apportioned pursuant to this section for fiscal
year 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.".
(c) Section 15(b) (2) of the Airport and Airway Development Act of
1970 is amended by striking out "(3)" and inserting in lieu thereof
"(5)".
(d) The first sectence of subsection (c) of section 15 of the
Airpeort and Airway Development Act of 1970 is amended to read as
follows: " 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.".
(e) 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 Airpeort and Airway Development Act of 1970, the Secretary of
Transportation shall increase the number of enplanements at each airport
by 25 percent.
Sec. 8. (a) The first sectence 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 "project application" the following "for one
or more projects". The second sentence of subsection (a) of section 16
of the Airport and Airway Development Act of 1970 is amended by striking
out " No" and inserting in lieu thereof " Until July 1, 1975, no". Such
section 16(a) is further amended by adding at the end thereof the
following new sentences: " 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 12 of this
Act: (1) air carrier airportsm, (2) commuter service airports, (3)
reliever airports, and (4) general aviation airports (A) which are
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.".
(b) Section 16 of the Airport and Airway Development Act of 1970 is
amended by adding at athe end thereof the following new subsections:
"(g) State Standards.--
"(1) 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.
"(2) 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 general 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.
"(3) There is authorized to be appropriated out of the Airport
and Airway Trust Fund not to exceed $1,275,000 to carry out this
subsection.
"(h) 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 Transporation Act (49 U.S.C. 1652), title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000b), title VIII of the Act
of April 11, 1968 (42 U.S.C. 3601 et seq), and the Uniform
Relocation Assisance and Land Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).".
(c) Section 12(a) of the Airport and Airway Development Act of 1970
// 49 USC 1712. // is amended by adding at the end thereof the
following new sentence: " 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 require the Secretary to remove from the national airport
system plan any airport in such plan on June 30, 1975.".
Sec. 9. (a) Section 177a) of the Airport and Airway Development Act
of 1970 (49 U.S.C. 1717) is amended by striking out everthing after
"section 16" and inserting in lieu thereof the following: "of this
part--
"(1) 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
"(2)(A) 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 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 15(a) (3) of this Act, (ii) for each
commuter service airport, and (iii) for each general aviation
airport; and
"(B) shall be 75 per centum of the allowable project costs in
the case of all other airports.".
(b) Section 17(b) of such Act (49 U.S.C. 1717) is amended by adding
at the end thereof the following new sentence: " 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.".
(c) Section 17(c) is amended by striking out " The" and inserting in
lieu thereof " For fiscal years 1971 through 1975, the".
(d) Section 17(d) of such Act is amended by striking out everything
after "share" and inserting in lieu thereof "shall be the same
percentage as is otherwise applicable to such project."
(e) Section 17(e) of such Act is hereby repealed.
Sec. 10. (a) Section 18 of the Airport and Airway Development Act of
1970 (49 U.S.C. 1718) is amended by inserting "(a) Sponsorship.--"
immediately before " As a condition precedent", by striking out
"section." at the end of such sectgion and inserting in lieu thereof
"subsection.", and by adding at the end thereof the following new
subsection:
"(b) Consultation.--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 operatiors
using the airport at which such airport development project is
proposed.".
(b) 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: ", 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;"
(c) 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: ", including the requirement that (A) each air
carrier, authorized to engage directly in air transportation pursuant to
section 401 or 402 of the Federal Aviation Act of 1958 // 49 USC 1371,
1372. // 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 as 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 operators making the same or similar
uses of such airport utilizing the same or similar facilities;".
(d) The amendment made to section 18(a) (1) (A) of the Airport and
Airway Development Act of 1970 // 49 USC 1718 note. // (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.
Sec. 11. 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: " 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
necessary to pay the United States share of the cost of such project.".
Sec. 12. (a) 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:
"(b) Terminal Development.--
"(1) 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,
// 49 USC 1432. //
and has provided for 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.
"(2) 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.
"(3) 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 endebtedness 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:
"(4) Notwithstanding section 17, the United States share of
project costs allowable under paragraph (1) of this subsection
shall be 50 per centum.
"(5) 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.".
(b) Subsection (c) of such section 20 (as relettered by this section)
is amended by striking out " The" and inserting in lieu thereof the
following : " Except as provided in subsection (b) of this section,
the".
Sec. 13. 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:
" SEC. 28.
// 49 USC 1728. //
STATE DEMONSTRATION PROGRAMS.
"(a) Demonstration Programs.--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 grants 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.
"(b) Certification Requirements.--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--,
"(c) Restrictions.--The Secretary shall not, pursuant to this
section--,
"(d) Report.--The Secretary shall evaluate and rport to
Congrfess, not later than March 31, 1978, on the results of any
demonstration programs assisted under this section.".
Sec. 14. 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 poreceding section of this Act) the following new sections:
" SEC. 29.
// 49 USC 1729. //
AIR CARRIER AIRPORT DESIGNATION.
" 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.
" SEC. 30.
// 49 USC 1730. //
CIVIL RIGHTS.
" The Secretary shall take affirmative action to assure that no
person shall, on the grounds or 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 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.
// 42 USC 200d. //
The provisions of this section shall be considered to be in
addition to and not in lieu of the provisions of title VI of the
Civil Rights Act of 1964.".
Sec. 15. (a) 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:
"(e) 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 had 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.".
(b) The amendment made by subsection (a) of this section shall take
effect January 1, 1977.
Sec. 1l. Section 303(e) of the Federal Aviation Act of 1958 (49 U.
S.C. 1344) is amended by striking out " Interstate and Foreign Commerce"
and inserting in lieu thereof " Public Works and Transportation".
Sec. 17. (a) 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:
" Sec. 317. The Administrator is authourized 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
this Act, // 49 USC 1371. // which operate aircraft having a maximum
certificated gross takeoff weight of less than 12,500 pounds, and which
do not emplane 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.".
(b) That portion of the table of contents contained in the first
section of such Act which appears under the center heading
is amended by adding at the end thereof the following new sideheading:
" Sec. 317. Airport security in Alaska.".
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 trnsport
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. Certificate of Public Convenience and Necessity."
is amended by adding at the end thereof the following:
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:
"(c) The Administrator may exempt any operatior 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 appears under the side heading
" Sec. 612. Airport operating certificates." is amended by
adding at the end thereof the following:
Sec. 20. The Secretary of Transportation shall conduct a study of
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
nonaviation uses and recommendations concerning methods for preserving
those airports which in the Secretary's judgment should be preserved in
the public interest.
Sec. 21. // 49 USC 1346a. // In furtherance of his mandate to
promote civil aviation, the Secretary of Transportation acting through
the Administrator of 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 anf other intyerested
organizations, upon request, with informational materials and expertise
on various aspects of civil aviation.
Sec. 22. For the three year period beginning on the date of
enactment of this Act, // 49 USC 1348 note. // 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 servide 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.
Sec. 23. // 49 USC 1713 note. // (a) (1) 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 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.
(b) (1) The Secretary of Transportation is authorized to undertake a
demonstration project at South Bend, Indiana, for a multimodal terminal
building and facilities for the intermodal transfer of passengers and
bagagge 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 not to exceed $3,000,000.
Sec. 24. // 49 USC 135a. // (a) The Secretary of Transportation
shall compensate any air carrier certificated by the Civil Aeronautics
Board 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 // 49 USC 1301 note. // shall have the same
meaning as such terms have in such Act.
(c) There is authorized to be appropriated out of the Airport and
Airway Trust Fund to carry 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.
Sec. 25. // 49 USC 1074. // The Secretary of Transportation shall,
in accordance with 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.
Sec. 26. // 49 USC 1702 note. // The Secretary of Transportation
shall conduct studies with 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;
(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.
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
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.
Sec. 201. 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:
"(d) Research, Development, and Demonstrations.--The Secretary
is authorized to carry out under section 312(c) of the Federal
Aviation Act of 1958
// 49 USC 1353. //
such demonstration projects as he determines necessary in
connection with research and 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 the 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 of 1970
// 49 USC 1742. //
shall be allocated to such research, development, and
demonstration activities.".
SEC. 301. AUTHORIZATION FOR EXPENDITURES FROM TRUST FUND.
(a) Amendment of 1970 Act.--(1) Subparagraph (A) of section 208(f)
(1) of the Airport and Airway Revenue Act of 1970 (49 U.S.C. 1742(f)
(A)) is amended to read as follows:
"(A) 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);".
(2) Section 208(f) of such Act (49 U.S.C. 1742(f) is amended by
striking out " July 1, 1980" each time it appears and inserting in
lieu thereof " October 1, 1980".
(b) Effective Date.--The amendment made by subsection (a) (1) 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.
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. 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.
PUBLIC LAW 94-352, 90 STAT. 870
Be it enacted by the Senate and House of Representatives of the
United Staes of America in Congress assembled, That, in accordance with
subsection 3(b) of the Wilderness 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. 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 descripotion shall have the same force and effectr as if
included in this Act: // 16 USC 1132 note. // Provided, however, That
correction of clerical and typographical errors in such map and
description may be made.
Sec. 3. 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 date of this Act.
Sec. 4. The previous classification of the Gore Range-Eagles Nest
Primitive Area is hereby abolished.
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 (975): 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, Secate agreed to conference report.
PUBLIC LAW 94-351, 90 STAT. 851
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for Agriculture and Related Agencies programs for the
fiscal year ending September 30, 1977, and for other purposes; namely:
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: Provided, 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: Provided
further, 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.
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 44 U. S.C. 1301:
Provided, 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).
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: Provided, 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 $25,000 shall be available for employment under 5 U.
S.C. 3109 (7 U.S.C. 2201 - 2202).
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, " Food
Stamp Program" and merged with this appropriation.
For necessary expenses, including payment of fees or dues for the use
of law libraries by attorneys in the field service, $8,708,000.
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, Lousiana,
at a cost not to exceed $450,000; $270,576,000: Provided, That
appropriations hereundershall 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: Provided further, 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: Provided further, That of the appropriations hereunder, not
less than $10,526,600 shall be available to conduct marketing research:
Provided further, 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: Provided further, That the limitations on alterations
contained in this Act shall not apply to a total of $100,000 for
facilities at Beltsville, Maryland: Provided further, 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).
Special fund: To provide for additional labor, subprofessional, and
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 and
merged with the appropriation otherwise available under "agricultural
Research Service".
For payments in foreign currencies owned to or owned by the United
States for market development research authorized by section 104 (b) (1)
and for agricultural and forestry research and 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), (3), $7,500,000: Provided, That this appropriation shall be
available, in addition to other appropriations for these purposes, for
payments in the foregoing currencies: Provided further, 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: Provided
further, 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.
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: // 88 Stat. 1822. // Provided, That $1,000,000 of the funds for
control of the fire and shall be placed in reserve for nmatching
purposes with States which may come into the program: Provided further,
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: Provided
further, 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 be available for
employment under 5 U.S.C. 3109: Provided further, That this
appropriation shall be available for the operation and maintenance of
aircraft craft and the purchase of not to exceed four, of which two
shall be for replacement only: Provided further, That this
appropriation 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
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: Provided further, That $3,800,000 shall remain available until
expended for plans, construction and improvement of facilities without
regard to limitations contained herein: Provided further, that this
appropriation shall be available for acquisition of lands by donation,
exchange, or purchase at a nominal cost not to exceed $100: Provided
further, That, in addition, in emergencies which threaten the livestock
or poultry 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, contagious pleuropneumonia, or other
contagious or infectious diseases of animals, or European fowl pest and
similar diseases in poultry, and for expexpenses in accordance with the
Act of February 28, 1947, // 21 USC 114b. // 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.
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, 1887, as amended by the Act approved
August 11, 1955 (7 U.S.C. 361a - 361i), and further amended by Public
Law 92 - 318, // 20 USC 1001 note. // approved June 23, 1972, and
further amended by Public Law 93 - 471 approved October 26, 1974, // D.
c. Code 31 - 1701 note. // 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, // 7 USC
361f. // 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 all $126,652,000.
Payments to States, Puerto Rico, Guam, and the Virgin Islands: For
paymentsfor 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) and
section 506 of the Act of June 23, 1972, to be destributed under
sections 3(b) and 3(c) of the Act, // 7 USC 343. // for retirement and
employees' compensation costs for extension agents, and for costs of
penalty mail for cooperative extension agents and State extension
directors, $168,225,000; payaments 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
benefirts of the second Morrill Act (7 U.S.C. 321 - 326, 328) and
Tuskegee Institiute under section 3(d) of the Act, // 7 USC 343. //
$8,400,000; payments for rural development 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, // D.C.
Code 31 - 1718. // $910,000; and $1,500,000: for Rural Development
Education as authorized under the Rural Development Act of 1972 (7 U.S.
C. 2661 - 2668); in all , $234,550,000: Provided, That funds hereby
appropraited pursuant to section 3(c) of the Act of June 26,1953, and
section 506 of the Act of June 23, 1972, // 7 USC 343. 86 Stat. 350.
// as amended, shall not be 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.
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 the 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.
For necessary expenses of the National Agricultural Library,
$6,026,000: Provided, 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 $35,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for
the alteration and repair of buildings and improvements.
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: Provided, That
no part of the funds herein appropriated shall be available for any
expense incident to publishing estimates of apple production for other
than the commercial crop: Provided further, 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.
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 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;
$26,080,000, of which not less than $200,000 shall be 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: Provided, 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: Provided further, 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: Provided further, That
not 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 methoids used by
other countries to move farm commodities in world trade on a competitive
basis.
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; $52,734,000d Provided, 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.
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.
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 the Fish and
Wildlife Act of August 8, 1956; (2) transfers otherwise provided 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, // 7 USC 674 note. // as
amended, and the Agricultural Act of 1961. // 7 USC 1911 note. //
For expenses necessary for administration of the Packers and
Stockyards Act, // 7 USC 181. // as authorized by law, including field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 US.
S.C. 2225), and not to exceed $5,000 for employment under 5 U.S.C.
3109, $5,226,000.
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.
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-590+); sections 1001 to 1010 of the Agricultural Act of
1973 (16 U.S.C. 1601 to 1610); the Water Bank Act (16 U.S.C. 1301 -
1311); and laws pertaining to the Commodity Credit Corporation,
$157,410,000: Provided, 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
expecses): Provided further, That other funds made available to the
Agricultural Stabilization and Conservation Service for authorized
activities may be advanced to and merged with this appropriation:
Provided further, That this appropriation shall be available for
employment pursuant to the second sentencde 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: Provided further, That no
part of the funds appropriated or made abvailable under this act 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, // 16 USC 590h. // as amended, for engaging
in any activities other than advisory and supervisory duties and
delegated program functions prescribed in administrative regulations.
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 economo.ic poisons which had been registered and
approved for use by the Federal Government, $4,050,000: Provided, 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 Gorvernment.
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 Corporation
Control Act. // 31 USC 849. // 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:
For administrative and operating expenses, $11,976,000.
Not to exceed $8,006,000 of administrative and operating expenses may
be paid from premium income.
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 US.S.C. 713a-11, 713a-12), $189,053,000.
Not to exceed $41,220,000 shall be available for administrative
expenses of the Commodity Credit Corporation: Provided, 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 and
those funded by Public Law 480) pursuant to existing authority
(including that contained in the Corporation's charter and Public Law
480), // 7 USC 1691-1736e. // and that such funds shall be used by such
Sales Manager to form an agency to carry out the above activities. Such
Sales Manager shall report directly to the Board of Directors of the
Corporation of which the Secretary of Agriculture is a member. Such
Sales Manager shall obrtain, assimilate, and analyze all available
information on developments related to private sales, as well as those
funded by the Corporation and Public Law 480, // 7 USC 1691-1736e. //
including grade and quality as sold and as delivered and shall submit
quarterly reports to the appropriate committees of Congress concerning
such developments: Provided further, 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, // 31 USC 665. // as amended,
for use only in such amounts and at such times as may become necessary
to carry out program operations: Provided further, 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 personal 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.
For direct loans and related advances pursuant to section 517(m) of
the Housing Act of 1949, // 42 USC 1487. // as amended, $15,000,000
shall be available form funds in the rural housing insurance fund, and
for insured loans as authorized by title V of the Housing Act of 1949,
// 42 USC 1471. // as amended, $&,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: Provided, That
unsubsidized interest guaranteed loans of not to exceed $500,000,000
shall be in addition to these amounts.
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, // 42 USC 1490a. //
$175,429,000, 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.
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 Developoment Act, as amended (7 U.S.C. 1988(a)), $141,189,000.
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.
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.
For grants to the elderly pursuant to section 504 of the Housing Act
of 1949, // 42 USC 1474. // as amended, $5,000,000.
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.
For grants pursuant to section 523(b) (1) (A) of the Housing Act of
1949 (42 U.S.C. 1490c), $.,000,000.
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.
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 sever facility loans,
$600,000,000; industrial development loans, $350,000,000; and
community facility loans, $200,000,000.
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 epuipment for rural volunteer
fire departments.
For necessary expenses of the Farmers Home Admonistration, 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 - 452, approved August 20, 1964), // 42 USC 2841.
// as amended, and such other programs for which Farmers Home
Administration has the responsibility for administering 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 Act, // 7
USC 1929. // as amended, and section 517(i) of the Housing Act of 1949,
// 42 USC 1487. // as amended, or in connection with charges made on
borrowers under section 502(a) of the Housing Act of 1949, // 42 USC
1472. // as amended: Provided, That, in addition, not to exceed
$500,000 of the funds available for the various programs administered by
this agency may be 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: Provided further, That not to exceed $1,000,000 of this
appropriation may be used for employment under 5 U.S.C. 3109.
For grants pursuant to section 310 B(c) of the Consolidated Farm and
Rural Development Act, as amended (7 U.S.C. 1932), $10,000,000.
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: Provided, 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.
To carry into effect the provisions of the Rural Electrification Act
of 1936, as amended (7 U.S.C. 901 - 950(b)), as follows:
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: Provided, That loans
made pursuant to section 306 of that Act // 7 USC 936. // are in
addition to these amounts.
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)).
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 law, and to make such
contracts and commitments without regard to fiscal year limitaions as
provided by section 104 of the Government Corporation Control Act, // 31
USC 849. // as amended, as may be necessary in carrying out its
authorized programs for the current fiscal year.
For administrative expenses to carry out the provisions of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 - 950(b)),
including 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.
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, $214,423,000: Provided, That the cost of any permanent
building purchased, erected, or as improved, exclusive of the cost of
constructing a water supply or samitary 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: Provided further, That no part of this appropriation
shall be available for the construction of any such building on land not
owned by the Government: Provided further, 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: Provided further, 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 $25,000
shall be available for employment under 5 U.S.C. 3109: Rpovided
further, That qualified local engineers may be temporarily employed at
per diem rates to perform the technical planning work of the Service.
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: Provided, 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 be available for employment under
5 U.S.C. 3109.
For necessary expenses for samll watershed investigations 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: Provided, 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.
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
avctivities of the Department, $146,199,000 (of which $25,872,000 shall
be available for the watersheds authorized under the Flood Control Act,
approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and
supplemented): Provided, 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: Provided
further, 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).
For necessary expenses in planning and carying 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 Tennant 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),
$29,972,000: Provided, 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): Provided further, 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.
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, 1656, as amended (16 U.S.C. 590p), $21,379,000, to remain avalilable
until expended.
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 Fedruary 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 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 Agriculture
and Related Agencies Appropriation Act, 1976, // 89 Stat. 641. //
entered into during the period July 1, 1975, to December 31, 1976,
inclusive: Provided, 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 a 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:
Provided further, 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 practices, under the Act of February
29, 1936, // 16 USC 590g. // 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): Provided further, That such amounts shall
be 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 country committees
under programs provided for herein: Provided further, That no part of
the funds in this Act may be used to obtain or require submission of
information form participants in this program not required in carrying
out the 1970 program: Provided further, 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: Provided further, That for the current
year's program $2,500,000 shall be available for technical assistance in
formulating and carrying out rural environmental practices: Provided
further, 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 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, // 53 Stat. 1147. // as amended,
or who has been found in accordance with 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.
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 - 1570) including
technical assistance and related expenses, $15,000,000.
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.
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, // 71 Stat. 176. //
$10,000,000, with which shall be merged the unexpended balances of funds
heretofore appropriated for emergency conservation measures.
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 provisons other than section 3 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. 1773 - 17785);
$2,751,032,000 of which $959,000,000 shall be derived by transfer from
funds available under sevtion 32 of the Act of August 24, 1635 (7 s U.
S.C. 612c): Provided, 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: Provided further,
That funds provided herein shall remain available until expended in
accordance with section 3 of the National School Lunch Act, // 42 USC
1752. // as amended: Provided further, That an additional $80,000,000
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 pursuant to
section 6 of the National School Lunch Act, // 42 USC 1755. // as
amended: Provided further, 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.
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.
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:
Provided, That funds provided herein shall remain available until
expended in accordance with section 3 of the National School Lunch Act,
as amended: Provided further, 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.
For necessary expenses of the food stamp program pursuant to the Food
Stamp Act of 1964, // 7 USC 2011 note. // as amended, $4,794,400,000:
Provided, That funds provided herein shall remain available until
expended in accordance with section 16 of the Food Stamp Act of 1964, //
7 USC 2025. // as amended: Provided further, 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 $100,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, 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 to 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: Provided
further, That funds provided herein shall be expended in accordance with
section 15(b) of the Food Stamp Act of 1964, as amended.
For necessary expenses to carry out the provisions of section 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.
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.
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 $4,000 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: Provided, That not less than $255,000 of the funds
contained in this appropriation shall be 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.
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prikor 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, // 7
USC 1701. // $680,465,000 and (2) commodities supplied in connection
with dispositions abroad, pursuant to title II of said Act, // 7 USC
1721. // $488,790,000.
For necessary expenses, not otherwise provided for, of the Food and
Drug Administration; for payment of salaries and expenses for servuces
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 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.
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.
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, // 7 USC 4a note. // approved October 23, 1974; including
the purchase and hire of passenger motor vehicles; the rental of space
in the District of Columbia and elsewhere; and not to exceed $125,000
for employment under 5 U.S.C. 3109, $12,615,000: Provided, That not to
exceed $1,000 shall be available for official reception and
representation expenses.
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.
Sec. 601. 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 be 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.
Sec. 602. 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).
Sec. 603. 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, 1654, 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.
Sec. 604. 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.
Sec. 605. Advances of money form any appropriation for the
Department of Agriculture may be made by authority of the Secretary of
Agriculture to chiefs of field parties.
Sec. 606. 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
of section 610 of the Agricultural Act of 1970, // 7 USC 2119. // which
provides for the transfer of funds to Cotton Incorporated.
Sec. 607. Obligations chargeable against the Working Capital Fund
during the period October 1, 1976, through September 30, 1977, shall not
exceed $50,000,000: Provided, 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.
Sec. 608. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Scientific Activities Overseas (Special Foreign Currency Program);
Public Law 480; // 68 Stat. 454. // Rural Housing dor Domestic Farm
Labor; emutual 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.
Sec. 609. 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.
Sec. 610. 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 rpogram of the
Agrcultural Conservation Program.
Sec. 611. No part of any appropriation contained in this Act shall
remain available for abligations beyond the current fiscal year unless
expressly so rpovided herein.
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 94-350, 90 STAT. 823, FOREIGN RELATIONS AUTHORIZATION ACT,
FISCAL YEAR 1977.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Foreign Relations Authorization Act, Fiscal Year 1977".
Sec. 101. (a) 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:
(1) For the " Administration of Foreign Affairs", $552,455,000.
(2) For " International Organizations and Conferences",
$342,460,453.
(3) For " International Commissions", $17,069,000.
(4) For " Educational Exchange", $68,500,000.
(5) For " Migration and Refugee Assistance", $10,000,000.
(6) For increases in salary, pay, retirement, and other
employee benefits authorized by law, and for other
nondiscretionary costs, such amounts as may be necessary.
(b) Amounts appropriated under this section are authorized to remain
available until expended.
Sec. 102. 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.
Sec. 103. 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, // 22 USC 2222 // $3,545,453 of the
amount 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.
Sec. 104. The Act entitled " An Act to provide certain basic
authority for the Department of State", approved August 1, 1956, // 22
USC 2662. // by adding at the end thereof the following new section:
" Sec. 19. 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.".
Sec. 105. 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
101(b) of the Foreign Relations Authorizations Act of 1972, // 86 Stat.
489. // (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.
Sec. 106. 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.
Sec. 107. The joint resolution entitled " Joint resolution to
authorize participation by the United States in parliamentary
conferences of the North Atlantic Treaty Organization", // 22 USC 1928a.
// approved July 11, 1956, is amended by adding at the end thereof the
following new section:
" Sec. 5. 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.".
Sec. 108. 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.
Sec. 109. Section 4 of the Foreign Service Buildings Act, 1926, //
22 USC 295. // is amended--,
(1) in paragraph (2) of subsection (h) by striking out
"$71,600,000" and inserting in lieu thereof "$73,058,000"; and
(2) by adding the following new subsection at the end of the
section:
Sec. 110. (a) The Congress finds that--,
(1) 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;
(2) 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
(3) the President has the authority under the Mutual
Educational and Cultural Exchange Act of 1961 to provide
financing, 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.
(b) In order to strengthen international cooperative relations and
promote the purposes of the Mutual Educational and Cultural Exchange Act
of 1961, // 22 USC 2451 note. // the Secretary of State shall use funds
appropriated to carry out this section to provide financial assistance
for the Eight 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--,
(1) promoting, organizing, and conducting such games;
(2) constructing new and repairing existing athletic and
recreational facilities;
(3) providing lodging, food, and transportation for
participants in such games and for related personnel; and
(4) acquiring necessary material and equipment for such
games.
Such expenditures shall be subject to such controls and audits as the
Comptroller General may prescribe.
(c) To carry out this section, there is authorized to be appropriated
to the Secretary of State $12,000,000.
Sec. 111. The Mutual Educational and Cultural Exchange Act of 1961,
// 22 USC 2451 note. // is amended by adding immediately after section
108 the following new section:
" Sec. 108 A. // 22 USC 2458a. // (a)(1) Congress consents to the
acceptance by a Federal employee of grants and other forms of assistance
provided by a foreign government to facilitate the participation of such
Federal employee in a cultural exchange--,
"(A) which is of the type described in section 102(a) (2) (i)
of this Act,
// 22 USC 2452. //
"(b) which is conducted for a purpose comparable to the purpose
stated in section 101 of this Act,
// 22 USC 2451. // and
"(c) which is specifically approved by the Secretary of State
for purposes of this section;
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.
"(2) For purposes of this section, the term ' Federal employee' means
any employee as defined in subparagraphs (A) through (E) of section
7342(a) (i) of title 5 of the United States Code, but does not include a
person described in subparagraph (F) of such section.
"(b) 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 5 of the
United States Code.
"(c) The Secretary of State is authorized to promulgate regulations
for purposes of this section.".
Sec. 112. Section 444(a) of the Foreign Service Act of 1946, // 22
USC 889. // is amended--,
(1) by inserting "(1)" immediately after "(a)"; and
(2) by inserting the following new paragraph at the end
thereof:
"(2) The Secretary may, under such regulations as he may prescribe,
make supplemental payments, out of funds appropriated after the date of
enactment of this 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.".
Sec. 113. 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.
Sec. 114. Any new Panama Canal treaty or agreement negotiated with
funds appropriated under this title 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.
Sec. 115. After the date of enactment of this Act, any commissioner
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.
Sec. 116. (a) 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:
" Sec. 20. // 22 USC 2690. // Any expenditure for any gift for any
person of any foreign 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.".
Sec. 117. 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, 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.
Sec. 118. (a) Section 2 of the Act of June 11, 1959 (Public Law 86 -
42; 73 Stat. 72), // 22 USC 276e. // is amended by striking out
"$30,000" and inserting in lieu thereof "$50,000", and by striking out
"$15,000" each time it appears and inserting in lieu thereof "25,000".
(b) Section 2 of the Act of April 9, 1960 (Public Law 86 - 420; 74
Stat. 40), // 22 USC 2761. // is amended by striking out "$30,000" and
inserting in lieu thereof "$50,000", and by striking out "$15,000" each
time it appears and inserting in lieu thereof "$25,000".
Sec. 119. Title X of the Foreign Service Act of 1946 // 22 USC 803.
// is amended by adding at the end thereof the following new part:
" Sec. 1091 // 22 USC 817. // (a) The remedy--,
"(1) against the United States provided by sections 1346(b) and
2672 of title 28 of the United States Code, or
"(2) through proceedings for compensation or other benefits
from the United States as provided by any other law, where the
availability of such benefits precludes a remedy under such
sections,
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.
"(b) 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.
"(c) 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 the proceeding deemed a
tort action brought against the United States under the provisions 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 case 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.
"(d) The Attorney General may compromise or settle any claim asserted
in such civil action or proceeding in the manner provided in section
2677 of title 28 of the United States Code and with the same effect.
"(e) 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.
"(f) The Secretary may, to the extent he deems appropriate, hold
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.
"(g) For purposes of this section, any medical care or related
service 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.".
Sec. 120. It is the sense of the Congress that a greater number of
positions of ambassador should be occupied by career personnel in the
Foreign Service.
Sec. 121. // 22 USC 2661a. // Information should not be
disseminated about opportunities 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--,
(1) any United States person (as defined in section 7701(a)
(30) of the Internal Revenue Code of 1954)
// 26 USC 7701. //
is prohibited from entering into such contract or arrangement, or
(2) such contract or arrangement requires that any such person
be excluded from participating in the implementation of such
contract or arrangement,
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.
Sec. 201. (a) There are authorized to be 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, // 22 USC 1431
note. // the Mutual Educational and Cultural Exchange Act of 1961, //
22 USC 2451 note. // and Reorganization Plan Numbered 8 of 1953, // 22
USC 1461 note. // and other purposes authorized by law, the following
amounts:
(1) For " Salaries and Expenses" and " Salary and Expenses
(special foreign currency program)", $255,925,000.
(2) For " Special International Exhibitions", $4,841,000.
(3) For " Acquisition and Construction of Radio
Facilities",
$2,142,000.
(4) Such additional amounts as may be necessary for increases
in salary, pay, retirement, other employee benefits authorized by
law, or other nondiscretionary costs.
(b) Amounts appropriated under this section are authorized to remain
available until expended.
Sec. 202. 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.
Sec. 203. Section 804 of the United States Information and
Educational Exchange Act of 1948 // 22 USC 1474. // is amended--,
(1) by striking out "and" at the end of paragraph (12);
(2) by striking out the period at the end of paragraph (13) and
inserting in lieu thereof"; and"; and
"(3) by adding immediately after paragraph (13) the following
new paragraph:
"(14) purchase uniforms, when funds are appropriated
therefor.".
Sec. 204. Title VIII of the United States Information and
Educational Exchange Act of 1948 // 22 USC 1471. // is amended by
adding at the end thereof the following new section:
" Sec. 806. // 22 USC 1475a. // 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 1961 // 22 USC 2451 // 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 Services Act of 1949.". // 40 USC 481. //
Sec. 205. (a) Notwithstanding the second sentence of section 501 of
the United States Information and Educational Exchange Act of 1948, //
22 USC 1461. // the Director of the United States Information Agency
shall make available to the Administrator of General Services, for
deposit in the National Archives of the United States, a master copy of
each of the films described in subsection (b) and 150 copies of thef
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.
(b) The films referred to in subsection (a) are the following films
which were prepared by the United States Information Agency:
(1) " Echoes", a film sketching the aspirations of American
democracy as evoked by heroes and leaders of the past.
(2) " 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.
(3) " The Numbers Start With the River", a film depicting the
quality of life in a small midwestern American town as seen
through the eyes of two elderly, lifelong residents of the town.
(4) " 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.
(5) "200", an impressionistic animated cartoon tracing the past
two centuries of the development of America.
(6) " Rendezvous", a film portraying the frontier life of
American fur trappers.
(7) " 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.ment of the
(c) 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.
Sec. 206. Title V of the UNITED STATES INFORMATION and Educational
Exchange Act of 1948 // 22 USC 1461. // is amended by adding the
following new section:
" Sec. 503. // 22 USC 1463. // VOA news will be accurate,
objective, and The long-range interests of the United States are served
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:
"(1) VOA will serve as a consistently reliable and
authoritative source of news. VOA news will be accurate,
objective, and comprehensive.
"(2) VOA will represent America, not any single segment of
American society, and will thereofre present a balanced and
comprehensive projection of significant American thought and
institutions.
"(3) VOA will present the policies of the United States clearly
and effectively, and will also present responsible discussion and
opinion on these policies.".
Sec. 301. Section 8 of the Board of International Broadcasting Act
of 1973 // 22 USC 2877. // is amended to read as follows:
" Sec. 8. (a) There are authorized to be appropriated to carry out
the purposes of this Act for fiscal year 1977--,
"(1) $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
"(2) 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.
Amounts appropriated under this section are authorized to remain
available until expended.
"(b) 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.".
Sec. 302. (a) Section 3(b) of the Board for International
Broadcasting Act of 1973, // 22 USC 2872. // is amended--,
(1) in paragraph (1)--,
members"
and inserting in lieu thereof " Radio Liberty shall be
an ex
officio member";
(2) by amending paragraph (4) to read as follows:
"(4) Term of Office of the Ex Officio Member.--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
(3) in the third sentence of paragraph (5), by striking out "
Ex officio members" and inserting in lieu thereof " The ex officio
member".
(b) Section 3 of such Act is further amended by adding at the end
thereof the following new subsection:
"(c) 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.".
(c) Paragraph (8) of section 4(a) of such Act // 22 USC 2873. // is
amended--,
(1) by striking out "30th day of October" and inserting in lieu
thereof "31st day of January"; and
(2) by striking out " June" and inserting in lieu thereof
" September".
Sec. 401. The Japan-United States Friendship Act (Public Law 94 -
118) // 22 USC 2901 note. // is amended--,
(1) in paragraph (10) of section 6 by striking out "from the
Secretary of State, on a reimbursable basis,";
(2) in section 3(d) by striking out the period at the end
thereof and inserting in lieu thereof", including interest and
proceeds accruing to the Fund from such funds in accordance with
sections 6(4) and 7 of this Act.";
(3) (A) in section 3(e) (1) by striking out the period at the
end thereof and inserting in lieu thereof "and interest and
proceeds accruing to the Fund from such funds in accordance with
sections 6(4) and 7 of this Act."; and
(B) in section 7(b)
// 22 USC 2906. //
by inserting "of amounts authorized to be appropriated under
section 3(d) of this Act" immediately after "investment" in the
second sentence.
Sec. 402. Section 502(b) of the Mutual Security Act of 1954 // 22
USC 1754. // is amended by adding at the end thereof the following new
sentence: " Each such consolidated report shall be published in the
Congressional Record within ten legislative days after it is forwarded
pursuant to this subsection.".
Sec. 403. Not later than January 31, 1977, the President shall
submit to the Congress a report--,
(1) recommending steps to be taken to utilize more effectively
the transmission facilities for international broadcasting, both
existing and planned, of the United States Government;
(2) 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;
(3) 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
(4) recommending steps which should be taken to extend
broadcasting operations similar to those carried out under the
Board for International Broadcasting Act of 1973
// 22 USC 2871 note. //
to additional countries where access to information is restricted
by the policies of the governments of such countries.
Sec. 500. This title may be cited as the " Foreign Service
Retirement Amendments of 1976". // 22 USC 801 note. //
Sec. 501. (a) Section 803 of the Foreign Service Act of 1946, // 22 USC
1063. // is amended by adding the following paragraph at the end of
subsection (a) thereof:
"(4) 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.".
(b) Section 803 of such Act is further amended by changing the
reference at the end of subsection (b)(2) from "852(b)" to "811".
(c) Section 803 of such Act is further amended by striking out
sub-section (c) thereof.
Sec. 502. (a) The caption of section 804 of such Act // 22 USC 1064.
// is amended to read " Definitions".
(b) 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 lieu thereof the following:
" When used in this title unless otherwise specified, the
term--,
(1) ' 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.
"(2) ' 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.
"(3) ' Child', except in section 841,
// 22 USC 1086. //
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 July 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.
"(4) ' 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 she
has a bona fide intention of continuing to pursue such course
during the school year, semester, or term immediately following
the interim.
"(5) ' Military and naval service' means honorable active
service--,
but does not include service in the National Guard except when
ordered to active duty in the service of the United States.
"(6) ' 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.".
(c) Section 804 of such Act // 22 USC 1064. // is further amended by
redesignating present paragraphs (4), (5), and (6) of subsection (b) as
paragraphs (7), (8), and (9), respectively.
Sec. 503. Immediately after section 804 of such Act, insert the
following new section:
" Sec. 805. (a) In order to maintain existing conformity between the
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
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 prescribe regulations to implement this section and to make
such extension retroactive to a date no earlier than the effective date
of such provision for the Civil Service Retirement and Disability
System.
"(b) 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--,
"(1) all provisions of law enacted prior to the effective date
of the provision of such Executive order, and
"(2) any prior provision of an Executive order issued under
authority of this section.".
Sec. 504. (a) The heading of part B of title VIII of such Act is
amended to read " Contributions to the Fund".
(b) Section 811 of such Act // 22 USC 1071. // is amended by adding
the following at the end thereof:
"(c) (1) 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 such 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.
"(2) No officer or employee, whose contributions are transferred to
the Fund in accordance with the provisions of subsection (c)(1)) of this
section, shall be 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.
"(d) 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:
Service: % From July 1, 1921, to October 15, 1960,
inclusive------- 5 From October 16, 1960, to December 31, 1969,
inclusive-- 6 1/2 On and after January 1,
1970----------------------------- 7
Notwithstanding the foregoing, a special contribution for prior
nondeposit service as a National Guard technician which would be
creditable 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 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 Foreign Service Retirement Amendments of 1976 for
any period of spearation from Government service which began before
October 1, 1956. Special contributions may be paid in installments when
authorized by the Secretary.
"(e) No contributions shall be required for any periods of military
or naval service.
"(f) 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.".
Sec. 505. (a) The heading of part C of title VIII of such Act is
amend to read " Computation and Payment of Annuities".
(b) Subsection (a) of section 821 of such Act // 22 USC 1076. // is
amended (1) by striking out the phrase "for which full contributions
have been made to the Fund" 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 "852", and (3) by adding the following
sentence at the end thereof: " The annuity shall be reduced by 10 per
centum of any special contribution described in section 811( d) due for
service for which no contributions were made and remaining unpaid unless
the participat elects to eliminate the service involved for purposes of
annuity computation.".
(c) Subsection (b) of section 821 of such Act is amended to read as
follows:
"(b) (1) Unless elected in writing to the contrary at the time
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 2 1/2 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 fo the survivor benefit.
"(2) 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.".
(d) Subsection (d) of section 821 of such Act is amended by adding
the following sentence at the end thereof: " 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.".
(e) Subsection (e) of section 821 of such Act is amended to read as
follows:
"(e) The annuity payable to a child under subsection (c) 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.".
(f) Subsection (f) of section 821 of such Act is amended (1) by
striking out "50" in the first sentence and inserting in lieu thereof
"55", and (2) by striking out the last two sentences and inserting in
lieu thereof the following: " The annuity payable to a beneficiary
under 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.".
(g) Section 821 of such Act // 22 USC 1076. // is further amended by
adding the following new subsections at the end thereof:
"(g) 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 who qualities under section 804(2).
// 22 USC 1064. //
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.
"(h) 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.
"(i) Any married annuitant who reverts to retired status with
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.".
Sec. 506. Part C of title VIII of such Act, // 22 USC 1076. // is
further amended by adding the following new section at the end thereof:
" Sec. 822. // 22 USC 1076a. // (a) 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 who is entitled to a deferred annuity under section 834 //
USC 1084. // or under any other section of this Act shall begin on the
day he or she reaches age sixty.
"(b) 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.
"(c) 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.
"(d) 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.".
Sec. 507. Section 831 of such Act // 22 USC 1081. // is amended--,
(1) in subsection (a) thereof by striking out "that is
credited
in accordance with provisions of section 851 or 852(a) (2)";
(2) in subsection (c) thereof by striking out "(a)" following
"section 741";
(3) by amending subsection (d) thereof to read as follows;
"(d) No participant shall be entitled to receive an annuity under
this Act and compensation for infury or disability to himslef or herself
under subchapter 1 of chapter 81, title 5, United States Code, covering
the same period of time except that a participant may simutaneously
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
currently any payment under such subchapter by reason of the death of
any other person."; and
(4) in subsection (e) thereof by striking out "section 14 of
the Act of September 16, 1916, as amended" and inserting in lieu
thereof "section 8135 of title 5, United States Code".
Sec. 508. (a) Section 832 of such Act // 22 USC 1082. // is amended
by amending subsections (a), (b), (c), and (d) to read as follows:
"(a) 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.
"(b) 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) // 22 USC 1076. //
and if the participant 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.
"(c) 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 be entitled to an annuity computed in accordance with
subsections (c) (1) and (d) of section 821.
"(d) 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.".
(b) Section 832 of this Act // 22 USC 1082. // is further amended by
adding the following new subsections at the end:
"(f) If an annuitant who elected a reduced annuity dies in
service
after being recalled under section 520(b), // 22 USC 915. //
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 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 annuity computed and paid under section 821
(i)
// 22 USC 1076. //
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.
"(g) 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.".
Sec. 509. Section 834 of such Act // 22 USC 1084. // is amended (1)
by striking out "(a)" immediately following " Sec. 834."; (2) by
striking out "that is credited in accordance with the provisions of
section 851 or 852(a) (2)" in subsection (a) thereof; and (3) by
striking out subsection (b) thereof.
Sec. 510. Part E of title VIII of such Act is amended to read as
follows:
" Sec. 841. (a) ' 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 plus 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.
"(b) Whenever a participant becomes separated from the Service
without becoming eleigible 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.
"(c) 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 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.
"(d) If all annuity rights under this title 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.
"(e) 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.
"(f) If an annuitant who was a former participant dies, annuity
accrued and unpaid, shall be paid in accordance with subsection (g) of
this section.
"(g) 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 bar to recovery by any other
person:
"(1) 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;
"(2) if there be no such beneficiary, to the surviving wife or
husband of such participant;
"(3) 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;
"(4) if none of the above, to the parents of such participant
or the survivor of them;
"(5) if none of the above, to the duly appointed executor or
administrator of the estate of such participant; and
"(6) 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.
"(h) Annuity accrued and unpaid on the death of a survivor annuitant
shall be paid in the 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 be 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.
"(i) Amounts deducted and withheld from basic salary of a participant
under section 811 // 22 USC 1071. // from the beginning of the first
pay period after the participant has completed thirty-five years of
service computed under sections 851 and 853, but excluding service
credit for unused sick leave under subsection (b) of section 851, // 22
USC 1093. // 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) 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.".
Sec. 511. (a) The heading of section 851 of such Act is amended to
read as follows: " CREDITABLE SERVICE".
(b) Subsection (a) of section 851 of such Act // 22 USC 1091. // is
amended to read as follows:
"(a) 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 services 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.".
(c) Section 851 of such Act is further amended by adding the
following new subsections at the end thereof:
"(c) (1) 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.
"(2) A participant may make a special contribution for any period
or periods of approved leave without pay while serving, before th
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.
"(d) 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.
"(e) 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
based on such service is waived, and (2) a special contribution is made
covering such service pursuant to section 811. // 22 USC 1071. //
"(f) 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 the
Service after the expiration of five years of such military service.".
Sec. 512. Section 865 of such Act // 22 USC 1105. // is amended (1)
by inserting "(a)" immediately after " Sec. 865.", and (2) by adding the
following new subsection at the end thereof:
"(b) 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).".
" Sec. 513. Section 871 of such Act // 22 USC 1111. // is amended
to read as follows:
" Sec. 871. Any annuitant recalled to duty in the Service in
accordance with the provisions of section 520(b) shall, while so
serving, be 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 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 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.".
Sec. 514. (a) Section 881 (a) of such Act // 22 USC 1116. // is
amended by striking out that portion of such section which precedes
paragraph (1) and inserting in lieu thereof the following:
"(a) The Voluntary contribution account shall be the sum of
unrefunded 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 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--".
(b) Section 881 of such Act
// 22 USC 1116. //
is further amended by striking out subsections (c) and (d) thereof
and by inserting in lieu thereof the following:
"(c) A voluntary contribution account shall be paid in a lump
sum following receipt of an application therefor from a present or
former participant proveded 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 order of precedence specified in
section 841(g).".
Sec. 515. (a) Subsections (a), (b), and (c) of section 882 of such
Act // 22 USC 1121. // are amended to read as follows:
"(a) 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.
"(b) The first annuity increase under this section after the
effective date of this 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.
"(c) 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:
// 22 USC 1004. //
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.
// 22 USC 076. //
shall be increased by the
total per centum increase the annuitant was receiving
under this
section at death.
(b) Section 882 of such Act // 22 USC 1121. // is further amended by
adding the following new subsection at the end thereof:
"(f) 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 annuity of each surviving spouse whose
entitlement to annuity resulted from the death--,
// 22 USC 1004. //
or
Sec. 516. Sections 833, 852, and 854 of such Act // 22 USC 1083,
1092, 1094. // are repealed.
Sec. 517. (a) The caption of section 520 of such Act is amended to
read " REAPPOINTMENT AND RECALL".
(b) Subsection (b) of section 520 of such Act // 22 USC 915. // is
amended to read as follows:
"(b) 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.".
Sec. 518. Section 631 and the heading thereto of such Act // 22 USC
1001. // are amended to read as follows:
" Sec. 631. 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,
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
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.".
Sec. 519. Section 632 of such Act // 22 USC 1002. // is amended to
read as follows:
" Sec. 632. 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 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.".
Sec. 520. Section 634(b) (2) of such Act // 22 USC 1004. // is
amended by striking out--,
(1) ", with interest" after the words " Disability Fund" the
first time the latter appears;
(2) "(a)" after "section 841" the first time the latter
appears;
(3) "that is credited in accordance with the provisions of
section
851 or 852(a)" after "naval service";
(4) ", with interest as provided in section 841(a)", after "
Disability Fund" the last time the latter appears; and
(5) "(b)" after "section 841" the last time the latter appears.
Sec. 521. (a) Section 637 of such Act // 22 USC 1007. // is amended
by striking from the first sentence of subsection (b) thereof--,
(1) ", with interest" after " Disability Fund";
(2) "(a)" after "section 841"; and
(3) "that is credited in accordance with the provisions of
section 851 or 852(a)" after "naval service".
(b) Such subsection (b) is further amended by striking out the last
sentence thereof.
Sec. 522. // 22 USC 1063. // (a) 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) are 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 contreibutions shall be
transferred in accordance with section 811 of the Foreign Service Act of
1946, as amended by this title.
(b) Mandatory retirement at age sixty as prescribed in section 632 of
the Foreign Service Act of 1946, as amended by this title, shall not
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.
(c) 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 benfits under
section 821 of the Foregin Service Act of 1946, as amended by this
title.
(d) Section 9(b) of the Act of August 20, 2968 (82 Stat. 812) // 22
USC 1229 and note. // is repealed on the effective date of this
section.
Sec. 523. // 22 SC 1076 note. // (a) A Foreign Service annuitant
who was married at the time of retirement, whose service terminated
prior to October 16, 1960, and who has not elected any survivor benefit,
may, within on 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.
(b) An annuitant who makes an election under subsection (a) of this
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. This
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 to have been
paid.
(c) If a Foreign Service annuitant who separated from the Foreign
Service prior to October 16, 1960, 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). // 22 USC 1079o. // An
annuity to a surviving spouse who remarried prior to age sixty may be
initiated or resumed under this subsection in accordance with the
provisions of subsections (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.
Sec. 524. // 22 USC 915. // (a) Unless otherwise specified, this
title shall be effective upon enactment or on October 1, 1976, whichever
is later.
(b) Section 522, // 22 USC 1063 note. // of this title and sections
803 and 881 of the Foreign Service Act of 1946, as amended by this
title, shall be effective on the first day of the first pay period which
begins more than ninety days after the effective date of this title.
(c) 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), (e),
and (f) of section 821 of the Foreign Service Act of 1946, as amended by
this title.
(d) The amendment of section 804 of the Foreign Service Act // 22 USC
1064 note. // 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.
(e) Subsection (g) of section 821 of the Foreign Service Act of 1946,
// 22 USC 1076 note. // 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.
(f) If an annuitant dies on or after January 8, 1971, who, prior to
the effective date of this title, // 22 USC 1064 note. // 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 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.
(g) the restrictions on payment of survivor annuities in subsection
(b) (2) (A) and subsection (h) of section 821 of such Act, // 22 USC
1076 note. // shall not apply to a supplemental survivor annuity
provided under subsection (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.
(h) Subsection (a) of section 822 of the Foreign Service Act // 22
USC 1076a note. // 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.
(i) Subsection (a) of section 841 of the Foreign Service Act // 22
USC 1086 note. // 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 be paid in the order of precedence specified in
such section 841 irrespective of the date of separation.
(j) Subsection (c) of section 851 of the Foreign Service Act // 22
USC 1091 note. // of 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.
(k) Subsection (f) of section 851 of the Foreign Service Act // 22
USC 1091 note. // of 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.
(1) The annuity of a survivor who becomes immediately eligible for 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.
(m) The amendment of subsections (a) and (b) of section 882 of the
Foreign Service Act of 1946 // 22 USC 1121 note. // made by this title
shall be effective on the fifteenth day of the third month which begins
after the effective date of this title.
(n) Annuities which commenced between--,
(A) 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
(B) such effective date,
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.
(o) Any Foreign Service officer who is or becomes a career minister
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:
(1) Any career minister who reaches age sixty-five during the month
this title becomes effective shall be retired at the end of such month.
(2) Other career ministers who are 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.
(3) On the last day of the thirtieth month which ends after such
effective date, all other career ministers who are age sixty or over be
retired, and thereafter the amendments made by sections 518 and 519
shall be applicable in all cases.
(4) 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.
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 94-349, 90 STAT. 822
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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. That, notwithstanding the provisions of section 2072 of
title 28 of the United States Code, the rules and forms governing
section 2254 cases 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.
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 94-348, 90 STAT, 817, FEDERAL RAILROAD SAFETY
AUTHORIZATION ACT OF 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section1. This Act may be cited a sthe " Federal Railroad Safety
Authorization Act of 1976".
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 exceed
$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.".
Sec. 3. (a) Section 6 of the Act of March 2, 1893 (45 (45 U.S.C. 6),
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".
(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".
(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) 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.
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
amended 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 3 A to read as follows:
" Sec. 3 A. (a) It shall be unlawful for any common carrier, its
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 had 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
'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
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 be 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 3 A of this
Act".
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 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 time 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
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.".
Sec. 6. 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.
Sec. 7. (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 any
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 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
necessary to carry out the purposes of this section.
Sec. 8. Section 4(c) of the Department of Transportation Act (49 U.
S.C. 1653(c) is amended by adding at the end therof 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. //
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 in Senate amendments.
PUBLIC LAW 94-347, 90 STAT. 816
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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, 19386,000,000 Brazos River
Basin Sept. 3, 195419,000,000 Columbia River Basin June 28,
194439,000,000 Mississippi River and tributaries May 15, 1928220,000,000
Missouri River Basin June 28, 193885,000,000 North Branch, Susquehanna
River Basin July 3, 195872,000,000 Ohio River Basin June 22,
193623,000,000 Red River Waterway project Aug. 13,196860,000,000 San
Joaquin River Basin Dec. 22, 194446,000,000 Santa Ana River Basin June
22, 19362,000,000 South Platte River Basin May 17, 195022,000,000 Upper
Mississippi River Basin June 28,19382,000,000
(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 - 894 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 94-346, 90 STAT. 815
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 121 of 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 15 USC 1392. is amended by
striking out "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
this section, the Secretary shall conduct a study and report to
Congress on (A) the factors relating to the schoolbus vehicle
which contribute to the occurrence of schoolbus 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 schoolbus accidents,
and an examination of the extent to which the age of schoolbuses
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
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 94-345, 90 STAT. 814
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 731 of
title 2, Canal Zone Code ((6 A Stat. 29), is revised to read as follows:
"sec. 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 (76 A Stat. 29) is
revised to read as follows:
" Sec. 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. (76 A 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 94-344, 90 STAT. 810
Resolved by the 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) by adding after the last sentence of section 1,
36 USC 173.
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, section 1 and section 2 and Executive Order
10834,
4 USC 1 note.
issued pursuant thereto":
(2) by striking out the second sentence of section 2 (a),
36 USC 174.
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
Year's 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; Thanksgiving 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) by striking out "radiator cap" in section 3(b)
36 USC 175.
and inserting in lieu thereof "right fender";
(7) in the last sentence of section 3(f), by striking out "to
the right 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 be
displayed in the same way, with the union or blue field to the left of
the observer in the street.";
(9) by striking out section 3(k),
36 USC 175.
and inserting in lieu thereof 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 section 3(m) and inserting in lieu thereof
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--,
"(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 'emember 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:
"(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.";
(12) by striking out section 4(a),
36 USC 176.
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) 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) 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) by redesignating section 4(j) as section 4(k) and by
inserting after section 4(i) a new subsection as follows:
"(j) No 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) by striking out section 5 and inserting in lieu thereof
the following:
" Sec. 5, 36 USC 177. 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) by striking out section 6 and inserting in lieu thereof
the following:
" Sec. 6. 36 USC 171. 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.";
(19) by striking out section 7 and inserting in lieu thereof
the following:
" Sec. 7, 36 USC 172. 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 following:
" Sec. 8. 36 USC 178. 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 94-343, 90 STAT. 809
Fisheries Development Act
to extend the appropriation authorization through
fiscal
year 1979, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Central,
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.
PUBLIC LAW 94-342, 90 STAT. 808
An Act
are restored.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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. Coverage of restored employees and survivor annuitants."
Sec. 2. 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. 5 USC 8908 note.
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 94-341, 90 STAT. 803
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Community Services Act
Technical Amendments of 1976". 42 USC 2701 note.
Sec. 2. (a) The Community Services Act of 1974 (hereinafter in this
Act referred to as the " Act" 42 USC 2701 note. is amended--,
(1) in section 101 thereof (as added by section 3 of the
Head-start, Economic Opportunity, and Community Partnership Act of
1974), by striking out " Sec. 104,
42 USC 2701 note.
This title and titles ii through IX" and inserting in lieu thereof
" Sec. 3. Titles i through ix";
(2) in section 102,
42 USC 2706.
thereof (as added by section 3 of the Head-start, 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)
42 USC 2712.
thereof (as added by section 4 of the 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,
42 USC 2714.
(as added by section 3 of the Headstart, 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),
42 USC 2781.
Economic Opportunity" each place it appears therein and inserting
in lieu thereof " Community Services Administration";
(7) in section 210 (f),
42 USC 2790.
thereof--,
(A) by striking out "may delegate functions other than"
inserting in
such functions as he deems
deems appropriate"; and
(D) by striking out "second sentence of section 235
42 USC 2812.
(8) by striking out paragraph (4) of section 222(a),
42 USC 2809.
thereof;
(9) in section 222(a) (5) thereof, by striking out " Emergency
Food and Medical Services" and inserting in lieu thereof "
Community Food and Nutrition", and by striking out "medical" each
place it appears therein;
(10) in the last sentence of section 222(a) (12) thereof, by
inserting a comma after "agencies";
(11) in section 225(c) of such Act,
42 USC 2812.
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 to sections 221
and 222(a),
42 USC 2808.
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) in the heading of section 227
42 USC 2814.
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) in the last sentence of section 235(b)
42 USC 2828.
thereof, by striking out " Secretary" and inserting in lieu
thereof " Director";
(14) in section 236
42 USC 2829.
thereof--,
(A) in subsection (a) thereof, by striking out " Office
of
(15) in section 306 (d)
42 USC 2855. 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) in section 401
42 USC 2901.
thereof--,
(A) by redesignating subsection (c) and subsection (d)
(B) in subsection (a) thereof, by striking out the
comma
(17) in section 402(2)
42 USC 2902.
thereof, by striking out " Director" each place it appears therein
and inserting in lieu thereof " Secretary";
(18) in section 514(b),
42 USC 2928c.
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) in section 517(b)
42 USC 2928f.
thereof, by striking out "15 per centum and such total costs" and
inserting in lieu thereof "15 per centum of such total costs";
(20) in section 523(d)
42 USC 29281.
thereof, by striking out "studies" each place it appears therein
and inserting in lieu thereof "summaries";
(21) in section 525(a) thereof, by striking out "711" and
inserting in lieu thereof "518";
(22) in section 576(a) and section 577,
42 USC 2930e, 2930f.
thereof, by striking out "part" each place it appears therein and
inserting in lieu thereof "title";
(23) in section 601
42 USC 2941.
thereof, by inserting "(a)" immediately 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)(3) 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
42 USC 2942.
thereof, by striking out " Office" each place it appears therein
and inserting in lieu thereof " Community Sergvices
Administration";
(30) in section 602(k) thereof, by striking out "titles iii and
IV of";
(31) in section 603(a)
42 USC 2943.
thereof, by striking out "(other than part C of title i)";
(32) in section 604(1)
42 USC 2944.
thereof, by striking out " I-B or", and 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
42 USC 2948.
thereof, by striking out " Office" and inserting in lieu thereof "
Community Services Administration"; and
(35) in subsections (a) and (c) of section 610-1
42 USC 2951.
thereof, by 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)
42 USC 2982a.
thereof, by inserting "programs," after "development", and by
inserting a comma after "activities";
(2) in the fourth sentence of section 714
42 USC 2982c.
thereof, by striking 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)
42 USC 2984.
thereof, by striking out "bear the interest" and inserting in lieu
thereof "bear interest";
(5) in the first and second sentences of section 731(c)(3)
42 USC 2984.
thereof, by striking out " Secretary" and inserting in lieu
thereof
" Director", in the first sentence, by striking out
"subchapter" and inserting in lieu therebof "title" and in the
second sentence by striking out "part B of";
(6) in section 732
42 USC 2984a.
thereof, by striking out "(d) immediately before " Not later than"
and inserting in lieu thereof "(b)"; (7) in section 741(b)
42 USC 2985.
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 OF
COMMERCE PROGRAMS";
(10) in section 742(a)(1)
42 USC 2985a.
thereof--,
(A) by striking out "part" and inserting in lieu
thereof
inserting
(C) by inserting immediately after "limited small
business
15 USC 681.
(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) in section 743,
42 USC 2985b.
thereof, by striking out "this Act" and inserting in lieu thereof
"this title";
(14) in section (744(a)(1)),
42 USC 2985c.
thereof, by inserting "as amended," immediately after " Housing
Act of 1949,";
(15) 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) by redesignating sections 745 through 748,
42 USC 2985d-2985g.
thereof as sections 746 through 749, respectively; and
(17) in section 744 thereof--,
(A) by inserting immediately after subsection (a) the
(B) by striking out "(a)" immediately before " The
Secretary
(C) by striking out "(b)" immediately before " On or
(c) The Act is amended by redesignating section 626, 42 USC 2971f.
and section 627 as section 627 and section 628, 42 USC 2971g.
respectively.
Sec. 3. (a) Section 5 (d) (2) of the Headstart, Economic
Opportunity, and Community Partnership Act of 1974, 42 USC 2813. is
amended by inserting "of such Act" immediately after "section 228(c)".
(b) Section 9, 88 Stat. 2310. of the Headstart, Economic
Opportunity, and Community Partnership Act of 1974 is amended-
(1) 42 USC 2942 in subsection (b) thereof, by striking out
"subsection (c) of this section" and inserting in lieu thereof
"section 601 of the Economic Opportunity Act of 1964,
42 USC 2941.
as amended by subsection (a) of this section"; and
(2)
42 USC 2971f.
in subsection (e) thereof, by striking out the quotation 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".
(c) Section 14(b) of the Headstart, Economic Opportunity, and
Community Partnership Act of 1974, 42 USC 2933. is amended by striking
out "section 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 42 USC 2707. is amended by inserting
"of 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, 42 USC 2701 note. which are not
obligated prior to the end of the fiscal year for which such funds were
appropriated shall remain available for obligation during the succeeding
fiscal year.".
Approved July 6, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 889 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Mar. 15, considered and passed House.
June 23, considered and passed Senate.
PUBLIC LAW 94-340, 90 STAT. 802
increase and extend
the authorization for appropriations for financial
assistance for State boating
safety programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal Boat
Safety Act of 1971 (46 U.S.C. 1451 et deq.) 46 USC 1476. 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 1 1/4 per
centum of the total funds appropriated for such fiscal year.".
(2) Section 28 (a), 46 USC 1477. 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) Section 30 46 USC 1479. 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.
PUBLIC LAW 94-339, 90 STAT. 799
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Emergency Food Stamp Vendor Accountability Act of 1976".
7 USC 2011 note.
Sec. 2. Section 7(d) of the Food Stamp Act of 1964, 7 USC 2016. 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,
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,
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
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;
"(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) 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) 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)(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 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) Any coupon vendor, or any officer, employee, or agent thereof,
convicted of failing to provide any notice required under sub-paragraph
(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) 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. Section 6 of the Food Stamp Act of 1964, 7 USC 2015. as
amended, is amended by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively, and inserting new subsections (b)
and (c) as follows:
"(b)(1) The Secretary shall by regulation develop an appropriate
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 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,
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 tenyears, or both.
"(c)(1) The Secretary shall by regulation prescribe appropriate
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,
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, 7 USC 2012 as
amended, is 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 94 - 1282 (Comm. on Agriculture).
SENATE REPORT 94 - 714 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Apr. 8, considered and passed Senate..
June 22, considered and passed House.
PUBLIC LAW 94-338, 90 STAT. 798
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 the 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, That on the occasion of the
visit of Her Majesty, Queen Elizabeth II, 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 94-337, 90 STAT. 796
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. 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 Washingto'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 Aprk (hereinafter
referred to as the "park"), in the Commonwealth of Pennsylvania.
Sec. 2. 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 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) 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) Except for property deemed by the Secretary to be essential for
visitor facilities, or for access to or administration of the park, any
owners or owners of improved property on the date of its acquisition by
the Secretary may, as a condition of such acuqisition, retain for
themselves and their successors or assigns a right of use and occupancy
of the imporved property for noncommericial 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) 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) 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 referred 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. // 16 USC 410aa-2. // When the Secretary determines that
lands and interests therein have been acquired in an amount sufficient
to constitue an administerable 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 12 A 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 acquired for such park in accordance with the
Act of August 25, 1916 (39 Stat. 535), 43 USC 1457. as amended and
supplemented, and the Act of August 21,1935(49 Stat. 666), 16 USC 461.
as amended.
Sec. 4. (a) There are hereby authorized to be appropriated such sums
as amy be necessary to carry out the purposes of this Act // 16 USC
410aa- 3. // but not more than $8,622,000 for the acquisition of lands
and interests in lands.
(b) For the development of essential faacilities there are authorized
to be appropriated not more than $500,000. Within three 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 REPROTS 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 PRESIDNETIAL DOCUMENTS, Vol. 12, No 27:
July 4, presidential statement.
PUBLIC LAW 94-336, 90 STAT. 795
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2(b) 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 94-335, 90 STAT. 794
To amend section 318 of the Communications Act of 1934, as
as amended, to enable
the Federal Communications Commission to authorize
translator broadcast
stations to originate limited amounts of local
programing, and to authorize
frequency modulations (fm) radio translator stations to
operate unattended
in the same manner as is now permitted for television
broadcast translator
stations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 94-334, 90 Stat. 793
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 31 USC 757b note. That
the public debt 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
September 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 - 955 (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 94-333, 90 STAT. 785
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
June 30, 1976, and the period ending September 30, 1976, and for other
purposes, namely:
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 - 1545 and 1611).
For loans to the District of Columbia, as authorized by the District
of Columbia Self-Government and Governmental Reorganization Act, Public
Law 93 - 198, D.C. Code 1 - 101 note. $210,000,000, which together with
balances of previous appropiations for this purpose, shall remain
available until expended and be 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.
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:
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 assesing 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 avilable 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 contirbutions from the Department of Defense to the
District of Columbia Office of Civil Defense for the purchase of civil
defense equipment and supplies apporved by the Department of Defense,
when authorized by the Mayor: Provided further, That not to exceed
$42,000 of this appriopraition shall remain available until December 318
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 fo 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 thich $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 avialable 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 sewrvices
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 soley for
District of Columbia employees' disability compensation: Provided
firther, 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 firther, That not to exceed $12,500 of any appropriation
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
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 limitaition for the current fiscal year),
$243, 059,100, of which $5,530,500 shal l 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 reinbursement of
attorneys appointed under the District of Cloumbia 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 detention of crime. D.C. Code 11-2601
note.
For " Public safety" for the period July 1, 1976. through September
30, 1976, $64,999,5000, of which $1,382,625 shall be payable from the
revenue sharing trust fund: Provided, That not to exceed $50,000 shall
be available from this appropriation for the Chief of Police for the
prevention and detention of crime.
Education, including the developement of national defense edcuation
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 School,
$1,000 for the Rpesident 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 Jult 1, 1976, through September 30,
1976, including the development of national defense education programs,
$47,465,200, of which $2,037,250 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 $250 for the Superintendent of Schools, $250 for the
Rpesident 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, $16,520,000 of which $208,200 shal be payable from the
revenue sharing trust fund.
For " Recreation" for the period of July 1, 1976, through September
30, 1976, $4,956,000, of which $52,050 shall be payable from the revenue
sharing trust fund.
Human Resources, invluding care and treatment of indigent patients in
institutions under contracts to be made by the Director of the
Department of Human Resources, $264,070,500, of which $7,500,000 shall
be payable from the revenue sharing trust fund: Provided, That the
inpatient rate and outpatient rate shall 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 Elizabths
Hospital for patient care shall be $25.18 per diem: Provided further,
That totla reimbursement to Saint Elizabeths Hospital, including funds
from title XIX of the Social Security Act 42 USC 1396. 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 Spetember
30, 1976, including care and treatment of indigent patients in
institutions under contracts to be 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 metallly 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 Hospitalfor 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, 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 placement only;
$24,919,400, 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, ofwhich $625,000 shall be payable from the
revenue sharing trust fund: Provided, That this appropiation shall not
be available for the purchase of driver-training vehicles.
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
miscelaneous 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 th District of Columbia.
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 siad employees
are properly payable, $10,000,000.
For pay increases and related cost ofr 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 of July 1, 1976, through September 30,
1976, from which said employees are properly payable, $2,500,000.
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 of February 11, 1929, as
amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), D.C. Code 1 - 902
to 1 - 906. $304,500.
For reimbursement to the United States of funds loaned in compliance
with sections 108, 217, and 402 ofthe Act of May 18, 1954 (68 Stat.
103, 109, and 110), as amended; section 9 of the Act of September 7,
1957 (71 Sta. 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, 1960
(74 Stat. 211), as amended, including interest as required thereby,
$63,380,600: Provided, That there are herby approiated from the funds
of the District of Columbia such sums as may be necessary to repay funds
borrowed under the provisions of section 471 and 472 of Public Law 93 -
198: Provided further, That the District is authorized to repay
outstanding loans form the United States Treasury with funds received
from the sale of its first issue of general obligation bonds. D.C. Code
43 - 1540, 43 - 1616, 7 -133. D.C. Code 2 - 1727. D.C. Code 9 - 220.
D.C. Code 40 - 1623. D.C. Code 47 - 247, 47 - 248. D.C. Code 47 - 241
note.
for bicentennial services and relatedcost, $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.
For reimbursement to the United States of funds loaned in compliance
with the Act of August 7. 1946 (60 Stat. 896), as amended, and
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); D.C. Code 43 - 1510, 43 - 1604, 7 - 133, 9 - 220, 40 -
804, 1 - 1441 note. including acquistion of sites; preparation of
plans and specifications; conducting preliminary surveys; erection of
structures, including builiding 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 " Consturction
Services, Department of General Services": Provided further, That the
amount appropriatied to the Construction Services Fund, Department of
Genral Services, be limited, during the current fiscal year, to ten per
centum of appropriations for all ocnstruction projects: Rpovided
further, Notwithstanding the foregoing, all authorizations for captial
outlay projects, except those projects covered by the first sentence of
section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 90 -
495, approved August 23, 1968), D.C. Code 7 - 135 note. for which funds
are provided by this paragraph, shall expire on June 30, 1978, except
authorization for projects as to which funds ahve 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.
Sec. 1. Except as otherwise provided herein, all vochers covering
expenditures of appropriations contiained in this Act shall be audited
before payment by the designated certifying official and the vouchers as
apporved shall be paid by checks issued by the designated disbursing
official.
Sec. 2. 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 maxium amount
which may be expended for said purpose or object rather than an amount
set apart exclusively therefor.
Sec. 3. 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
per mile but not to exceed $30 a month for each motorcycle, unless
otherwise therein specifically provided, except that one hundred and
thirteen (eighteen for veneral 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. 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.
Sec. 5. Appropriations in this Act shall not be used for or in
connection with the preparation, issuance, publication, or enforcement
of any regulation or order of the Public Service Commission requiring
the installation of meters in taxicabs, or for or in connection with the
licensing of any vehicle to be operated as a taxicab except for
operation in accordance with such system of uniform zones and rates and
regulations applicable thereto as shall have been prescribed by the
Public Service Commission.
Sec. 6. Appropriations in this Act hsall not be available for the
payment of rates for electric current for street lighting in excess of 2
cents per kilowatt-hour for current consumed. D.C. Code 7 - 701 note.
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 judgements which have been entered
against the goverment 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, D.C. Code 47 - 1586j. as amended.
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 D.C. Code 3 - 204 note. 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). 42 USC 3801 note.
Sec. 9. 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 in section 204 of the
Supplemental Appropriation Act, 1975 (Public Law 93 - 554). 88 Stat.
1771.
Sec 10. D.C. Code 40 - 501a note. 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), of 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 41/2 per centum of the total of all funds
appropriated by this Act for personal cpompensation may be used to pay
the cost of overtime or temporary positions.
Sec. 12. The total expenditures 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. D.C. Code 1 - 216 note. Appropriations in this Act shall
not be available, during the fiscal year ending June 30, 1976, and for
the period July 12, 1976, through September 30, 1976, for the
compensation of any person appointed--,
(1) as full-time employee to a permanent, authorized position
in the government of the District of Columbia during any month
when the number of such employees is greater than 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 preceeding fiscal year.
Sec. 14. No funds appropriated herein, for the government of the
District of Columbia for the operation of educational institutions, the
compensations 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. 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
and Administrative Services Act of 1949, // USC 490. // as amended, for
space and services.
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
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
June 29, Senate agreed to conference report; concurred
PUBLIC LAW 94-332, 90 STAT. 784
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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. 15 USC 761
note.
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 94-331, 90 STAT. 783
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 26 USC 815. // That
(a) section 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 taxpayer's
policyholders 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 to
taxable years ending after December 31, 1957. // 26 USC 815 note. //
Sec. 2. EXCLUSION FROM INCOME UNDER THE SUPPLEMENTAL SECURITY INCOME
PROGRAM.
(a) In General.--Section 1612(b) of the Social Security Act, // 42
USC 1382a. // is 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.".
(b) 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. // 42 USC 1382a note. // Sec. 3.
WITHHOLDING; ESTIMATED TAX PAYMENTS.
(a) Withholding,--,
(1) In General.--Section 3402(a) of the Internal Revenue Code
of 1954
// 26 USC 3402. //
(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 Reduction
Act of 1975
// 26 USC 3402 note. //
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 such
Code // 26 USC 6153. // (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) of such
Code // 26 USC 6154. // (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) In General.--Section 1612(a) (2) (A) of the Social Security Act
// 42 USC 1382a. // 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 be 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 therein for purposes of the Disaster Relief Act
of 1974, and (II) such 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
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 OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 27:
June 30, Presidential statement.
PUBLIC LAW 94-330, 90 STAT. 771
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for 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:
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, // 22 USC 2151 note.
// as amended, and for other purposes, to remain available until June
30, 1976, and the period ending September 30, 1976, unless otherwise
specified herein, as follows:
Food and nutrition, Development Assistance: For necessary expenses
to carry out the provisions of section 103, // 22 USC 2151a. //
$426,600,000: Provided, That the amounts provided for loans to carry
out the purposes of these paragraphs shall remain available until
expended.
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, // 22 USC
2151b. // $146,400,000: Provided, That not less than $103,000,000 of
such amount shall be available only for population planning: Provided
further, That the amounts provided for loans to carry out the purposes
of these paragraphs shall remain available until expended.
For " Population planning and health, Development Assistance" for the
period July 1, 1976, through September 30, 1976, $33,450,000.
Education and human resources development, Development Assistance:
For necessary expenses to carry out the provisions of section 105, // 22
USC 2151c. // $60,800,000: Provided, That the amounts provided for
loans to carry out the purposes of these paragraphs shall remain
available until expended.
For " Education and human resources development, Development
Assistance" for the period July 1, 1976, through September 30, 1976,
$8,800,000.
Technical assistance, energy, research, reconstruction, and selected
development problems, Development Assistance: For necessary expenses to
carry out the provisions of section 106, // 22 USC 2151d. //
$57,400,000: Provided, That the amounts provided for loans to carry out
the purposes of these paragraphs shall remain available until expended.
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.
Loan allocation, Development Assistance: Of the new obligational
authority appropriated under this Act to carry out the provisions of
sections 103 - 106, // 22 USC 2151a. 2151d. // 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.
International organizations and programs: For necessary expenses to
carry out the provisions of section 301, // 22 USC 2221. //
$175,250,000: Provided, That not more than $20,000,000 shall be
available for the United Nations Children's Fund: Provided further,
That not less than $1,000,000 shall be available until expended 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: Provided further, 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.
For " International organizations and programs" for the period July
1, 1976, through September 30, 1976, $16,300,000.
United Nations Environment Fund: For necessary expenses to carry out
the provisions of section 2 of the United Nations Environment Program
Participation Act of 1973, // 22 USC 287 note. // $7,500,000.
American schools and hospitals abroad: For necessary expenses to
carry out the provisions of section 214, // 22 USC 2174. //
$19,800,000.
For " American schools and hospitals abroad" for the period July 1,
1976, through September 30, 1976, $2,400,000.
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.
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.
John Mc Cormack Center, St. John's Medical College (special foreign
currency program): For necessary expenses to carry out the purposes of
Part I, as authorized by section 612(a), // 22 USC 2362. // $13,650,000
in foreign currencies which the Treasury Department determines to be
excess to the normal requirements of the United States: Provided, That
such amount shall be available solely for the John W. Mc Cormack
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.
Indus Basin Development Fund, grants: For necessary expenses to
carry out the provisions of section 302(b) (2) // 22 USC 2222. // with
respect to Indus Basin Development Fund, grants, $9,000,000: Provided,
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.
For " Indus Basin Development Fund, grants" for the period July 1,
1976, through September 30, 1976, $2,250,000.
Indus Basin Development Fund, loans: For expenses authorized by
section 302(b) (1) $10,000,000, to remain available until expended:
Provided, 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.
Contingency fund: For necessary expenses $5,000,000, to be used for
the purposes set forth in section 451. // 22 USC 2261. //
For " Contingency fund" for the period July 1, 1976, through
September 30, 1976, $1,250,000.
International disaster assistance: For necessary expenses to carry
out the provisions of section 495 A, // 22 USC 2292a-1. // $45,000,000:
Provided, That of this amount $25,000,000 shall be available only for
Guatemala disaster relief assistance: Provided further, 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.
For " International disaster assistance" for the period July 1, 1976,
through September 30, 1976, $5,000,000.
African development program: For necessary expenses to carry out the
provisions of section 494 B, // 22 USC 2292e. // $5,000,000.
Cyprus relief and rehabilitation: For necessary expenses to carry
out the provisions of section 495, // 22 USC 2292f. // $25,000,000.
For " Cyprus relief and rehabilitation" for the period July 1, 1976,
through September 30, 1976, $5,000,000.
International narcotics control: For necessary expenses to carry out
the provisions of section 481, // 22 USC 2291. // $37,500,000.
For " International narcotics control" for the period July 1, 1976,
through September 30, 1976, $9,375,000.
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.
Overseas training (Special foreign currency program): For necessary
expenses to carry out the provisions of Section 612, // 42 USC 2362. //
$200,000 in foreign currencies which the Treasury declares to be excess
to the normal requirements of the Unites States.
Except for the Contingency Fund, unobligated balances as of June 30,
1975, and June 30, 1976, of funds heretofore made available under the
authority of the Foreign Assistance Act of 1961, // 42 USC 2151 note.
// as amended, 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, // 31 USC 200. // as having been
obligated 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 Reconstruction Assistance," are hereby continued
available for the same period as the respective appropriations in such
subparagraphs for the same general purpose: Provided, 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.
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," " 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.
Middle East special requirements fund: For necessary expenses to
carry out the provisions of section 901 and section 903 of the Foreign
Assistance Act of 1961, // 22 USC 2441 2443. // as amended,
$50,000,000: Provided, That none of the funds appropriated under this
heading may be used to provide a United States contribution to the
United Nations Relief and Works Agency.
For " Middle East special requirements fund" for the period July 1,
1976, through September 30, 1976, $10,000,000.
Security supporting assistance: For necessary expenses to carry out
the provisions of section 531 of the Foreign Assistance Act of 1961, //
22 USC 2346. // as amended, $1,689,900,000: Provided, 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.
For " Security Supporting Assistance" for the period July 1, 1976,
through September 30, 1976, $269,700,000: Provided, 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.
For " Operating Expenses of the Agency for International
Development", $194,600,000.
For " Operating Expenses of the Agency for International Development"
for the period July 1, 1976, through September 30, 1976, $55,500,000.
Military assistance: For necessary expenses to carry out the
provisions of section 503 of the Foreign Assistance Act of 1961, // 22
USC 2311. // 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, // 22 USC 2318. // as amended, $275,000,000:
Provided, That none of the funds contained in this paragraph shall be
available for the purchase of new automotive vehicles outside of the
United States.
For " Military Assistance" for the period July 1, 1976, through
September 30, 1976, $27,200,000.
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.
For " International military education and training" for the period
July 1, 1976, through September 30, 1976, $5,750,000.
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.
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: Provided,
That not to exceed $7,500,000 shall be available to carry out the
authorized programs during the current fiscal year.
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.
Sec. 101. None of the funds herein appropriated (other than funds
appropriated for " International organizations and programs" and " Indus
Basin Development Fund") shall be used to finance the construction of
any new folld 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.
Sec. 102. 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.
Sec. 103. 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.
Sec. 104. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, as
amended, // 22 USC 2151 note. // 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 does not contain a
provision authorizing the termination of such contract for the
convenience of the United States.
Sec. 105. 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
Act of 1961, // 22 USC 2151d. // as amended.
Sec. 106. 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 Nations.
Sec. 107. 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
Foreign Assistance Act of 1961, // 22 USC 2169, 2211. // as amended.
Sec. 108. 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.
Sec. 109. 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.
Sec. 110. 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.
Sec. 111. 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 Assistance Act of
1954, as amended (Public Law 480), // 1 USC 1701 et seq. // are hereby
waived and forgiven.
Sec. 112. The Act of May 23, 1975 (making appropriations for special
assistance to refugees from Cambodia and Vietnam, Public Law 94 - 24) //
89 Stat. 89. // is hereby amended by striking out " Cambodia and
Vietnam" each place it appears therein and inserting in lieu thereof "
Cambodia, Vietnam, and Laos".
Sec. 113. Of the funds 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.
Sec. 114. 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.
Sec. 115. 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 Representation
Allowances of the Agency for International Development for the period
July 1, 1976 through September 30, 1976.
For expenses not otherwise provided for, necessary to enable the
President to carry out the provisions of the Foreign Military Sales Act,
// 22 USC 2751 note. // $1,065,000,000: Provided, That of the amount
provided for the total aggregate credit sale ceiling during the current
fiscal year, not less than $1,500,000,000 shall be allocated to Israel.
For " Foreign Military Credit Sales" for the period July 1, 1976,
through September 30, 1976, $140,000,000: Provided, 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 be allocated to Israel.
For expenses necessary for Action to carry out the provisions of the
Peace Corps Act (75 Stat. 612), // 22 USC 2501 note. // as amended,
$80,826,000: Provided, That of this amount $7,599,000 shall be for
Peace Corps volunteer readjustment allowances, as authorized by Public
Law 94 - 130.
For " Action--International Programs (Peace Corps)" for the period
July 1, 1976, through September 30, 1976, $24,000,000: Provided, 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. // 89 Stat. 684. //
For expenses necessary to carry out the provisions of the Migration
and Refugee Assistance Act of 1962 (Public Law 87 - 510), // 22 USC 2601
note. // relating to 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.
For " Assistance to refugees in the United States (Cuban program)"
for the period July 1, 1976, through September 30, 1976, $19,000,000.
Department of State
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 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; and services as authorized by 5 U.S.C. 3109;
$9,000,000: Provided, 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:
Provided, 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.
For " Migration and refugee assistance" for the period July 1, 1976,
through September 30, 1976, $700,000.
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.
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.
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 Law 93 - 537), // 22 USC 285q, 285r. // $145,634,909, to remain
available until expended.
INVESTMENT IN INTER- AMERICAN DEVELOPMENT BANK
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 of
December 30, 1970 (Public Law 91 - 599), // 84 Stat. 1657. // and March
10, 1972 (Public Law 92 - 246), // 86 Stat. 59. 22 USC 283p- 283s. //
$225,000,000 to remain available until expended: Provided, 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.
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 (Public
Law 93 - 373), // 22 USC 2841, 284m. // $320,000,000, to remain
available until expended.
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, // 31 USC 849. // as amended, 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, for
such corporation, except as hereinafter provided.
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.
For " Limitation on program activity" for the period July 1, 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).
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: Provided, 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.
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.
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not heretofore authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act shall
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, communication, 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.
Sec. 503. 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
Public Law 93 - 554. // 88 Stat. 1784. //
Sec. 504. 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, // 40 USC 490.
// as amended, for space and services.
Sec. 505. 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:
Provided, 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.
Sec. 506. 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.
Sec. 507. The amounts appropriated in this Act shall be available
only upon the enactment of authorizing legislation.
This Act may be cited as the " Foreign Assistance and Related
Programs Appropriations Act, 1976, and the period ending September 30,
1976".
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 COMPLIATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 27:
July 1, Presidential statement.
PUBLIC LAW 94-329, 90 STAT. 729
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 22 USC 2151 note. That
this Act may be cited as the " International Security Assistance and
Arms Export Control Act of 1976".
Sec.101. Section 504(a) of the Foreign Assistance Act of 1961 22 USC
2312. is amended to read as follows:
"(a)(1) 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
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:
Country Fiscal Year 1976 Fiscal year 1977
Amount Amount
Greece----------------------$31,000,00 $33,000,000
Indonesia-------------------$13,000,000 $15,000,000
Jordan----------------------$50,000,000 $55,000,000
Republic of Korea----------$55,000,000 $8,300,000
Philippines-----------------$17,000,000 $17,000,000
Thailand--------------------$16,000,000 $16,000,000
Turkey----------------------$31,000,000 $50,000,000
Ethiopia--------------------$6,000,000 $6,000,000 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.
"(2) 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).
"(3) 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.
"(4) The authority of section 610(a) and of section 614(a) 22 USC
2351, 2364. 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 apply to emergency assistance furnished under section
506(a).
"(5) There is authorized to be appropriated to the President, for
administrative and other related rdexpenses 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.
"(6) 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, to 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.
"(7) Amounts appropriated under this subsection are authorized to
remain available until expended.
"(8) Assistance for Turkey under this chapter shall be subject to the
requirements of section 620(x) of this Act.". 22 USC 2370.
SPECIAL AUTHORITY
Sec.102. Section 506(a) of the Foreign Assistance Act of 1961 22 USC
2318. is amended to read as follows:
"(a)(1) If the President first determines and reports to Congress in
accordance with section 652 of this Act--, 22 USC 2411.
"(A) that an unforeseen emergency exists which requires
immediate military assistance to a foreign country or
international organization;
"(B) that a failure to respond immediately to that emergency
will result in serious harm to vital United States security
interests; and
"(C) that the emergency requirement cannot be met under
authority of the Arms Export Control Act or any other law except
this section;
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).
"(2) 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.
"(3) The President shall keep the Congress fully and currently
informed of all defense articles and defense services ordered under this
subsection.".
STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN
COUNTRIES
Sec.103. Section 514 of the Foreign Assistance Act of 1961 22 USC
2321h. is amended to read as follows:
" Sec. 514. Stockpiling of Defense Articles for Foreign
Countries.--, (a) 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
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 subsection, "value" means the acquisition cost plus
crating, packing, handling, and transportation costs incurred in
carrying out this section.
"(b)(1) The value of defense articles to be 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.
"(2) 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.
"(c) Except for stockpiles in existence on the date of enactment of
the 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.
"(d) 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.
"(e) The President shall promptly report to the Congress each 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.".
Sec. 104. Section 515 of the Foreign Assistance Act of 1961 22 USC
2321i. is amended--,
(1) by striking out " Effective July 1, 1976," and inserting in
lieu thereof "(a) During the period beginning July 1, 1976, and
ending September 30, 19778"; and
(2) by adding at the end thereof the following new subsections:
"(b)(1) 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.
"(2) 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 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 attach'es assigned, detailed,
or attached to the United States Diplomatic Mission in any foreign
country.
"(c) After September 30, 1976, the number of military missions,
groups, and similar organizations may not exceed 34.
"(d) As used in this section, the term 'military assistance advisory
group, military mission, or other organization of United States military
personnel performing similar 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.".
Sec. 105. Chapter 2 of part 11 of the Foreign Assistance Act of 1961
is amended by adding at the end thereof the following new section:
" Sec. 516. 22 USC 2321j. Termination of Authority.--(a) 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 sections 506, 514, and 515(b)(2)) 22 USC 2318. 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.
"(b) Funds available to carry out this chapter shall be available
notwithstanding the limitations contained in paragraphs (2) and (3) of
section 504(a) of this Act--,
"(1) 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
"(2) for costs incurred under section 503(c)
22 USC 2311.
with respect to defense articles on loan to countries no longer
eligible under section 504(a) for military assistance.".
Sec. 106. (a) Part 11 of the Foreign Assistance Act of 1961 is
amended by adding at the end thereof the following new chapter:
" Sec. 541. 22 USC 2347. General Authority.--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--,
"(1) attendance at military educational and training facilities
in the United States (other than Service academies) and abroad;
"(2) attendance in special courses of instruction at schools
and institutions of learning or research in the United States and
abroad; and
"(3) observation and orientation visits to military facilities
and related activities in the United States and abroad.
" Sec. 542. 22 USC 2347a. Authorization.--There are authorized to
be appropriated to the President to carry out the purposes of this
chapter $27,000,000 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.
" Sec. 543. 22 USC 2347b. Purposes.--Education and training
activities conducted under this chapter shall be designed--,
"(1) 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
"(2) to improve the ability of participating foreign countries
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.".
(b) The Foreign Assistance Act of 1961 is amended as follows:
(1) Section 510 is repealed.
22 USC 2321a.
(2) Section 622 is amended--,
22 USC 2382.
(A) in subsection (b) by inserting "and military
"(c) 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.".
(3) Section 623
22 USC 2383.
is amended--,
(A) in subsection (a)(4) by inserting "and related
civilian"
(B) in subsection (a)(6) by inserting ", education and
(4) Section 632
22 USC 2392.
is amended--,
(A) in subsections (a) and (e) by inserting", military
(B) in subsection (b) by striking out "and defense
articles"
(5) Section 6366
22 USC 2396.
is amended--,
(A) in subsection (g) (1) by inserting", military
education
(B) in subsection (g) (2) and in subsection (g) (3) by
(6) Section 644
22 USC 2403.
is amended--,
(A) by amending subsection (f) to read as follows:
"(f) Defense service" includes any service, test, inspection, repair,
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 11."; and
(B) by adding at the end thereof the following new
"(n) " Military education and 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,
contractors (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.".
(c) 22 USC 2321a note. 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.
(d) 22 USC 2347 note. 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.
Sec. 201. 22 USC 2751 note. (a) The first section of the Foreign
Military Sales Act is amended by striking out " The Foreign Military
Sales Act" and inserting in lieu thereof "the " Arms Export Control
Act".
(b) Any reference to the Foreign Military Sales Act shall be deemed
to be a reference to the Arms Export Control Act.
ARMS SALES POLICY
Sec. 202. 22 USC 2751. (a) Section 1 of the Foreign Military Sales
Act is amended by striking out the last paragraph and inserting in lieu
thereof the following new paragraphs:
" It shall be the policy of the United 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.
" 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 check 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.
" It is the sense of the Congress that the aggregate value of defense
articles and defense services--,
"(1) which are sold under section 21 or section 22 of this Act;
or
"(2) which are licensed or approved for export under section 38
of this Act 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;
in any fiscal year should not exceed current levels.".
(b)(1) 22 USC 2751 note. The President shall conduct a comprehensive
study of the arms sales policies and practices of the United States
Government, including policies and 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 arms 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.
(2) Not later than the end of the one-year period beginning on the
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.
Sec. 203. 22 USC 2753 and note. (a) Section 3 (a) (2) of the
Foreign Military Sales Act is amended, effective July 1, 1976, by
inserting immediately after "article" each time it appears "or related
training or other defense service".
(b) 22 USC 2314 and note. Section 505 (a) of the Foreign Assistance
Act of 1961 is amended, effective July 1, 1976, by inserting immediately
after "articles" each time it appears "or related training or other
defense service.".
Sec. 204. 22 USC 2753. (a) Section 3 of the Foreign Military Sales
Act is amended by adding at the end thereof the following new
subsections:
"(e) 22 USC 2314. The President may not give his consent under
paragraph (2) 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--,
"(1) the name of the country or international organization
proposing to make such transfer,
"(2) 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,
"(3) the name of the proposed recipient of such defense article
or related training or other defense service,
"(4) the reasons for such proposed transfer, and
"(5) the date on which such transfer is proposed to be made.
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.
"(f) 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, 22 USC 2314. he shall report
such information immediately to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate.".
(b)(1) The second sentence of subsection (a) of section 3 of the
Foreign Military Sales Act 22 USC 2753. is amended by striking out",
and prior" and all that follows thereafter through "transferred" the
second time it appears.
(2) The first sentence of section 505 (e) of the Foreign Assistance
Act of 1961 22 USC 2314. is amended by striking out", and prior" and
all that follows thereafter through "transferred" the second time it
appears.
Sec. 205. 22 USC 2761. Section 21 of the Foreign Military Sales Act
is amended to read as follows:
" Sec. 21. Sales From Stocks.--(a) 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--,
"(1) 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;
"(2) 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
"(3) in the case of the sale of a defense service, the full
cost to the United States Government of furnishing such service.
"(b) 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.
"(c) 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.
"(d) If the President determines it to be in the national interest
pursuant to subsection (b) of this section, billings for sales made
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.
"(e)(1) 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 22 USC
2762. shall include appropriate charges for--,
"(A) 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;
"(B) any use of plant and production equipment in connection
with such defense articles; and
"(C) a proportionate amount of any nonrecurring costs of
research, development, and production of major defense equipment.
"(2) The President may reduce or waive the charge or charges 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.
"(f) Any contracts entered into between the United States and a
foreign country under the authority of this section or section 22 of
this 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.
"(g) In carrying out section 814 of the Act of October 7, 1975
(Public Law 94 - 106), 89 Stat. 540. 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 of the House of
Representatives and the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate.".
Sec. 206. Section 21 of the Foreign Military Sales Act, as amended
by section 205 of this Act, is further amended by adding at the end
thereof the following new subsection:
"(h)(1) 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 ot an absolute minimum. 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 day 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 be 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--,
"(A) the country or international organization to which the
sale is proposed to be made;
"(B) the amount of the proposed sale;d sale;
"(C) a description of the defense article or service proposed
to be sold;
"(D) a full description of the impact which the proposed sale
will have on the Armed Forces of the United States; and
"(E) a justification for such proposed sale, including a
certification that such sale is important to the security of the
United States.
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.
"(2) 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.".
Sec. 207. (a) Section 22(a) of the Foreign Military Sales Act is
amended by adding at the end thereof the following: " 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
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.".
(b) Section 22(b) of the Foreign Military Sales Act is amended by
striking out the first sentence and inserting in lieu thereof the
following: " 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 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.".
Sec. 208. (a) Paragraph (1) of section 23 of the Foreign Military
Sales Act 22 USC 2763. is amended by striking out "ten years" and
inserting in lieu thereof "twelve years".
(b) The amendment made by subsection (a) shall apply with respect 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.
Sec. 209. (a) Immediately after section 24 of the Foreign Military
Sales Act, add the following new section:
" Sec. 25 22 USC 2765. Annual Estimate and Justification for Sales
Program.--, (a) 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--,
"(1) an estimate of the amount of sales expected to be made to
each country under sections 21 and 22 of this Act,
22 USC 2761, 2762.
including a detailed explanation of the foreign policy and United
States national security considerations involved in expected sales
to each country;
"(2) an estimate of the amount of credits and guaranties
expected to be extended to each country under sections 23 and 24
of this Act;
22 USC 2763, 2764.
"(3) 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 each country with
respect to which such finding has been made will strengthen the
security of the United States and promote world peace; and
"(4) 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.
"(b) Not later than thirty days following the receipt of a request
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.
"(c) 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.".
(b) Section 634(b) of the Foreign Assistance Act of 1961 22 USC 2394.
is amended by striking out "and military sales under this or any other
Act" in the fourth sentence.
Sec. 210. (a) Section 31(a) of the Foreign Military Sales Act 22 USC
2771. is amended by striking out "not to exceed $405,000,000 for the
fiscal year 1975" and inserting in lieu thereof "not to exceed
$1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000
for the fiscal year 1977".
(b) Section 31(b) of such Act 22 USC 2771. is amended to read as
follows:
"(b) The aggregate total of credits, or participations in credits,
extended pursuant to this Act and of the principal amount of loans
guaranteed pursuant to section 24(a) 22 USC 2764. 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.".
(c)(1) Section 31 of such Act 22 USC 2771. is further amended by
adding at the end thereof the following new subsections:
"(c) 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 to the limitations contained in section 23, 22 USC 2763. or by
the issuance of guaranties under section 24. Repayment shall be in 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.
"(d) 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 11 of the Foreign
Assistance Act of 1961 22 USC 2311 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).".
(2) Subsections (a), (b), (c), and (e) of section 8 of the Act
entitled " An Act to amend the Foreign Military Sales Act and for other
purposes", 22 USC 2321 and notes. approved January 12, 1971 (Public Law
91 - 672; 84 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.
Sec. 211. 22 USC 2776. (a) Section 36 of the Foreign Military Sales
Act is amended to read as follows:
" Sec. 36. Reports on Commercial and Governmental Military Exports;
Congressional Action.--(a) 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 pursuant to subsection (b)(1)
of this section) containing--,
"(1) a listing of all letters of offer to sell any major
defense equipment for $1,000,000 or more under this Act to each
foreign country and international organization, by category, if
such letters of offer have not been accepted or canceled;
"(2) 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;
"(3) the cumulative dollar amounts, by foreign country and
international organization, of sales credit agreements under
section 23 and guaranty agreements under section 24
22 USC 2763, 2764.
made during the fiscal year in which such report is submitted;
"(4) 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--,
"(A) the items to be exported under the license,
"(B) the quantity and contract price of each such item
to
"(5) 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,
and guaranty agreements to be made under section 24
22 USC 2761, 2762.
in the quarter of the fiscal year immediately following the
quarter for which such report is submitted;
"(6) 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;
"(7) 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
"(8) 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.
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.
"(b)(1) In the case of any letter of offer to sell any defense
articles 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 (iv) of subsection (a). In 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, tothe extent specified in
such request--,
"(A) 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;
"(B) 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;
"(C) 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);
"(D) an analysis of the arms control impact pertinent to such
offer to sell, prepared in consultation with the Secretary of
Defense;
"(E) 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;
"(F) an analysis by the President of the impact of the proposed
sale on the military stocks and the military preparedness of the
United States;
"(G) the reasons why the proposed sale is in the national
interest of the United States;
"(H) an analysis by the President of the impact of the proposed
sale on the military capabilities of the foreign country or
international organization to which such sale would be made;
"(I) 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;
"(J) 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;
"(K) an analysis of the extent to which comparable kinds and
amounts of defense articles or services are available from other
countries;
"(L) 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
"(M) 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 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.
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 requires such sale in the
national security interests of the United States.
"(2) 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.
"(3) 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.
"(c) In the case of an application by a person (other than with
regard to a sale under section 21 or section 22 of this Act) 22 USC
2761, 2762. 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 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 be
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.
"(d) In the case of an approval under section 38 of this Act of a
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 comparable
information, except that the last sentence of such subsection shall not
apply to certifications submitted pursuant to this subsection.".
(b) 22 USC 2776 note. 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 22 USC 2776. on or after the date of enactment of
this Act and to export licenses for which an application is filed under
section 38 of such Act on or after such date.
Sec. 212. (a)(1) Chapter 3 of the Foreign Military Sales Act is
amended by adding at the end thereof the following new section:
" Sec. 38. 22 USC 2778. Control of Arms Exports and Imports.--(a)(
1) 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
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.
"(2) 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.
"(b)(1) 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.
"(2) Except as otherwise specifically provided in regulations issued
under 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
carrying out any foreign assistance or sales program authorized by law
and subject to the control of the President by other means.
"(3) 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.
"(c) Any person who willfully violates any provision of this section
or section 39, 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 $100,000 or imprisoned not more than two years, or both.
"(d) This section applies to and within the Canal Zone.
"(e) 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 (c), (d), (e), and (f) and ( (a) and (c) of the Export
Administration Act of 1969 50 USC app. 2405, 2406. subject to the same
terms 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.".
(2) Section 2(b) of the Foreign Military Sales Act 22 USC 2752. is
amended--,
(A) by inserting "and exports" immediately after "sales" both
times it appears; and
(B) by inserting "and whether there shall be delivery or other
performance under such sale or export," immediately after
"thereof,".
(b)(1) 22 USC 1934 and note, 2778 note. Section 414 of the Mutual
Security Act of 1954 is repealed. 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.
(2) 22 USC 1934 note. All determinations, authorizations,
regulations, orders, contracts, 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.
Sec. 213. Section 42 of the Foreign Military Sales Act 22 USC 2791.
is amended by adding at the end thereof the following new subsection:
"(e)(1) Each contract for sale entered into under sections 21 and 22
of this Act 22 USC 2761, 2762. shall provide that such contract may be
canceled in whole 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.
"(2)(A) Each export license issued under section 38 of this Act 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.
"(B) Nothing in this paragraph may be construed as limiting the
regulatory authority of the President under this Act.
"(3) 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 of this
Act 22 USC 2761, 2762. that are canceled or suspended under this
subsection to the extent such moneys have previously been 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.".
Sec. 214. 22 USC 2792. 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:
"(b) 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.".
Sec. 215. 22 USC 2794. Section 47 of the Foreign Military Sales Act
is amended--,
(1) by striking out "and" 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 immediately after paragraph (2) the following new
paragraphs:
"(3) 'defense article', except as provided in paragraph (7) of this
section, includes--,
"(A) any weapon, weapons system, munition, aircraft, vessel,
boat, or other implement of war,
"(B) any property, installation, commodity, material,
equipment, supply, or goods used for the purposes of making
military sales,
"(C) 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
"(D) any component or part of any article listed in this
paragraph,
but does not include merchant vessels or (as defined by the Atomic
Energy Act of 1954) 42 USC 2014. source material, byproduct material,
special nuclear material, production facilities, utilization facilities,
or atomic weapons or articles involving Restricted Data;
"(4) '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 in section 644(e) of the Foreign Assistance Act of 1961), 22 USC
2403. used for the purposes of making military sales;
"(5) '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, 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;
"(6) 'major defense equipment' means any item of significant combat
equipment on the United States Munitions List having a non-recurring
research and development cost of more than $50,000,000 or a total
production cost of more than $200,000,000; and
"(7) 'defense articles and defense services' means, with respect to
commercial exports subject to the provisions of section 38 of this those
items designated by the President pursuant to subsection (a)(1)) of such
section.".
Sec. 216. Section 657 of the Foreign Assistance Act of 1961 22 USC
2417. is amended as follows:
(1) The section caption is amended by inserting "and Military
Exports" after " Foreign Assistance".
(2) Paragraph (1) of subsection (a) is amended to read as
follows:
(1) 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;".
(3) Paragraph (3) of subsection (a) is amended to read as
follows:
"(3) 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 11 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".
(4) Paragraph (4) of subsection (a) is repealed.
(5) Paragraph (5) of subsection (a) is amended--,
(A) by redesignating such paragraph as paragraph (4),
Sec. 217. 22 USC 2751 note. Not later than February 28, 1977, the
President shall 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--,
(1) the number of such sales;
(2) the total acquisition costs of the articles sold;
(3) the total gross price paid for such articles exclusive of
administrative surcharges and costs of repairing, rehabilitation,
or modifying such articles;
(4) the data set forth under paragraphs (1), (2), and (3)
totaled separately for those sales made at less than 331/3 per
centum of the acquisition costs thereof; and
(5) the estimated total proceeds of sales 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.
Sec. 218. 22 USC 2751 note. (a) 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.
(b) 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.
Sec. 301. (a) Section 502 B of the Foreign Assistance Act of 1961 22
/usc 2304. is amended to read as follows:
" Sec. 502 B. Human Rights.--(a) (1) 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 in 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.
"(2) 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 rights.
"(3) 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.
"(b) 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) and in the preparation
of any report or statement required under this section, consideration
shall be given to--,
"(1) the relevant findings of appropriate international
organizations, including nongovernmental organizations, such as
the International Committee of the Red Cross; and
"(2) the extent of cooperation by such government in permitting
an unimpeded investigation by any such organization of alleged
violations of internationally recognized human rights.
"(c)(1) Upon the request of the Senate or the House of
Representatives 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 Affairs,
with respect to the country designated in such request, setting forth--,
"(A) 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;
"(B) the steps the United States has taken to--,
"(i) promote respect for and observance of human rights
"(C) whether, in the opinion of the Secretary of State,
notwithstanding any such practices--,
"(i) extraordinary circumstances exist which
necessitate
"(D) such other information as such committee or such House may
request.
"(2)(A) 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.
"(B) 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.
"(3) 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.
"(4)(A) 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.
"(B) 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.
"(C) 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.
"(d) For the purposes of this section--,
"(1) the term 'gross violations of internationally recognized
human rights' includes torture or cruel, inhuman, or degrading
treatment or punishment, prolonged detention without charges and
trail, and other flagrant denial of the right to life, liberty, or
the security of person; and
"(2) the term 'security assistance' means--,
"(A) assistance under chapter 2 (military assistance)
or
articles or services, extensions of
"(C) any license in effect with respect to the export
of
(b) Section 624 of the Foreign Assistance Act of 1961 22 USC 2384.
is amended by adding at the end thereof the following new subsection:
"(f) (1) 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 under section 502
B of this Act through the Coordinator for Human Rights and Humanitarian
Affairs.
"(2) 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--,
"(A) gathering detailed information regarding humanitarian
affairs and the observance of and respect for internationally
recognized human rights in each country to which requirements of
sections 116 and 502 B of this Act,
22 USC 2151n.
are relevant;
"(B) preparing the statements and reports to Congress required
under section 502 B of this Act;
"(C) making recommendations to the Secretary of State and the
Administrator of the Agency for International Development
regarding compliance with sections 116 and 502 B of this Act; and
"(D) performing other responsibilities which serve to promote
increased observance of internationally recognized human rights by
all countries.".
Sec. 302. (a) Section 505 of the Foreign Assistance Act of 1961 22
USC 2314. is amended by adding at the end thereof the following new
subsection:
"(g)(1) 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) 26 USC 7701. from participating in
the furnishing of defense articles of defense services under this
chapter on the basis of race, religion, national origin, or sex.
"(2)(A) 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.
"(B) 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.
"(3) 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 transaction 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
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.
"(4)(A) 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--,
"(i) 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;
"(ii) the response of the United States thereto and the results
of such response;
"(iii) whether, in the opinion of the President,
notwithstanding any such policies or practices--,
"(I) extraordinary circumstances exist which
necessitate a
"(iv) such other information as such committee may request.
"(B) In the event a statement with respect to an assistance or
training 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.
"(C)(i) 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.
"(ii) 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.
"(iii) 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.".
(b) Chapter 1 of the Foreign Military Sales Act 22 USC 2755. is
amended by adding at the end thereof the following new section:
" Sec. 5. Prohibition Against Discrimination.--(a) 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
defined in section 7701(a)(30) of the Internal Revenue Code of 1954) 26
USC 7701. from participating in the furnishing of defense articles or
defense services under this Act on the basis of race, religion, national
origin, or sex.
"(b)(1) 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.
"(2) 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.
"(c) 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 circumstances
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.
"(d)(1) 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--,
"(A) 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;
"(B) the response of the United States thereto and the
results
of such response;
"(C) whether, in the opinion of the President, notwithstanding
any such policies or practices--,
"(i) extraordinary circumstances exist which
necessitate a
section,
"(D) such other information as such committee may request.
"(2) 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 within 60 days after
receipt of such request, such sale or licensed transaction shall be
suspended unless and until such statement is transmitted.
"(3)(A) 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.
"(B) 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.
"(C) 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.".
Sec. 303. Chapter 1 of part 111 of the Foreign Assistance Act of
1961 is amended by adding at the end thereof the following new section:
" Sec. 620 A. 22 USC 2371. Prohibition Against Furnishing
Assistance to Countries Which Grant Sanctuary to International
Terrorists.--,
(a) 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 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.
"(b) 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.".
Sec. 304. (a) Section 505(d) of the Foreign Assistance Act of 1961
22 USC 2314. is amended to read as follows:
"(d)(1) 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 Act, the
Mutual Security Act of 1954, 68 Stat. 832. 22 USC 1751 note. 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
purposes not authorized under section 502 22 USC 2302. 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.
"(2)(A) 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.
"(B) 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.
"(3) Assistance to a country shall remain terminated in accordance
with paragraph (1) of this subsection until such time as --,
"(A) the President determines that the violation has ceased;
and
"(B) the country concerned has given assurances satisfactory to
the President that such violation will not recur.
"(4) 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.".
(b)(1) Section 3(c) of the Foreign Military Sales Act 22 USC 2753.
is amended to read as follows:
"(c)(1)(A) 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 under section 4 22 USC
2754. 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; (ii) 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 (iii) by
failing to maintain the security of such articles or services.
"(B) 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.
"(2) 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.
"(3)(A) 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.
"(B) 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 thereof 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.
"(4) A country shall remain ineligible in accordance with paragraph
(1) of this subsection until such time as--,
"(A) the President determines that the violation has ceased;
and
"(B) the country concerned has given assurances satisfactory to
the President that such violation will not recur.".
(2) Section 3(d) of the Foreign Military Sales Act is repealed and
subsections (e) and (f) of such section, as added by section 204 of this
Act, are redesignated as subsections (d) and (e), respectively.
Sec. 305. Chapter 3 of part 111 of the Foreign Assistance Act of 1961
is amended by adding at the end thereof the following new section:
" Sec. 669. 22 USC 2429. Nuclear Transfers.--(a) Except as provided
in subsection (b), no funds authorized to be appropriated by this Act or
the Arms Export Control Act may be used for the purpose of--,
"(1) providing economic assistance;
"(2) providing military or security supporting assistance or
grant military education and training; or
"(3) extending military credits or making guarantees;
"(B) receives such equipment, materials or technology
from
"(ii) the recipient country has entered into an
agreement
"(b)(1) 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--,
"(A) the termination of such assistance would have a serious
adverse effect on vital United States interests; and
"(B) he has received reliable assurances that the country in
question will not acquire or develop nuclear weapons or assist
other nations in doing so.
Such certification shall set forth the reasons supporting such
determination in each particular case.
"(2)(A) 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.
"(B) 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 1976.".
Sec. 401. Section 901 of the Foreign Assistance Act of 1961 22 USC
2441. is amended by adding at the end thereof the following new
paragraph:
" 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 earlywarning system in
Sinai', approved October 13, 1975 (Public Law 94 - 110 ), 22 USC 2441
note. 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 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.".
Sec. 402. Section 495 of the Foreign Assistance Act of 1961 22 USC
2291f. is amended by striking out "$30,000,000" and inserting in lieu
thereof "$40,000,000".
Sec. j03. Section 620 (x)(1) of the Foreign Assistance Act of 1961,
22 USC 2370. as amended by section 2(c) of the Act of October 6, 1975
(Public Law 94--104), is amended by striking out " Provided," and all
that follows through the end of paragraph (1) and inserting in lieu
thereof the following: " Provided, 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 22 USC
2753. with respect to cash 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 cease-fire 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 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). 89 Stat. 509. In any case
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 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.".
Sec. 404. 22 USC 2293 note. (a) Notwithstanding any other provision
of law, no assistance 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 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.
(b) 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
report containing--,
(1) 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
(2) a certification that 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.
(c) The prohibition contained in subsection (a) does not apply with
respect to assistance which is furnished solely for humanitarian
purposes.
(d) The provisions of this section may not be waived under any other
provision of law.
Sec. 405. 22 USC 2293 note. 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 de'tente, 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.
Sec. 406. 22 USC 2370 note. (a)(1) No military or security
supporting assistance and no military education and training may be
furnished under the Foreign Assistance Act of 1961 for Chile; 22 USC
2151 note. 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.
(2) 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.
(b)(1) Notwithstanding any other provision of law, the totall 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 of
part 11 of the Foreign Assistance Act of 1961 22 USC 2311, 2346. or
credits or guaranties extended under the Arms Export Control Act), but
does not include commodities furnished under title 11 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.
(2) 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--,
(A) 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;
(B) has permitted the unimpeded investigation, by
internationally recognized commissions on human rights (including
the United Nations Commission on Human Rights and the
Inter-American Commission on Human Rights of the Orgainization of
American States) of alleged violations of internationally
recognized human rights (as described in subparagraph (A) of this
paragraph); and
(C) has taken steps to inform the families of prisoners of the
condition of and charges against such prisoners.
Sec. 407. 22 USC 2151 note. (a) It is the sense of Congress that
the President should 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--,
(1) the establishment or use of facilities for naval, air, or
land forces in the Indian Ocean and littoral countries;
(2) the number of naval vessels which may be deployed in the
Indian Ocean, or the number of "shipdays" allowed therein; and
(3) the type and number of military forces and facilities
allowed therein.
(b) Not later than December 1, 1976, the President shall transmit 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.
Sec. 408. 22 USC 2291 note. (a) The Congress, while sdharing the
concern of the President 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 combined with efforts to secure fair and
humane treatment for citizens of all countries.
(b)(1) 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.
(2) 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.
Sec. 409. 22 USC 2293 note. 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.
Sec. 410. 22 USC 2441 note. 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 destory 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.
Sec. 411. Chapter 3 of part 111 of the Foreign Assistance Act of
1961 is amended by adding at the end thereof the following new section:
" Sec. 668. 22 USC 2428.. Report on Korea.--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.".
Sec. 412. 22 USC 2428 note. The Congress views with distress the
erosion of important 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.
Sec. 413. (a) Part V of the Foreign Assistance Act of 1961 and
sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign Assistance Act of
1974 are repealed. 22 USC 2431, 2432, 2433 notes, 2415. 22 USC 2441
note. 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.
(b) 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, 22 USC 2151 note, 2151a
note. or any equitable 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.
(c) 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.
Sec. 414. Section 223 (j) of the Foreign Assistance Act of 1961, 22
USC 2183. is amended by striking out "and" in the last sentence and by
inserting immediately before the period at the end of such sentence",
and in Lebanon, not exceeding a face amount of $15,000,000".
Sec. 415. Chapter 9 of part 1 of the Foreign Assistance Act of 1961,
22 USC 2292h. is amended by adding at the end thereof the following new
section:
" Sec. 495 B. Italy Relief and Rehabilitation.--(a) In addition to
amounts otherwise available for such purpose, there is authorized to be
appropriated $25,000,000 for the fiscal year 1976 to furnish assistance
under this chapter for the relief and rehabilitation of the people who
have been victimized by the recent earthquake in Italy. Amounts
appropriated under this sectionare authorized to remain available until
expended.
"(b) 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.".
Sec. 416. Chapter 9 of part 1 of the Foreign Assistance Act of 1961,
22 USC 2292i. as amended by section 415 of this Act, is further amended
by adding at the end thereof the following new section:
" Sec. 495 C. Lebanon Relief and Rehabilitation.--,(a) The Congress,
recognizing that prompt United States assistance is necessary to
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.
"(b) There is authorized to be appropriated to the President for the
purposes of this section, in addition to amounts otherwise available for
such purposes, $20,000,000, which amount is authorized to remain
available until expended.
"(c) Assistance under this section shall be provided in accordance
with the policies and general authority contained in section 491. 22
USC 2292.
"(d) 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.
"(e) 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.".
Sec. 501. 22 USC 2346a. (a) Section 532 of the Foreign Assistance
Act of 1961 is amended to read as follows:
" Sec. 532. Authorization.--(a) There is authorized to be
appropriated to the President to carry out the purposes of this chapter
for the fiscal year 1976 $1,766,200,000, of which not less than
$65,000,000 shall be available only for Greece, $730,000,000 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.
"(b)(1) 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.
"(2) 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 22 USC 2346. on the number
of countries which may receive assistance under this chapter in any
fiscal year.".
Sec. 502. Section 903 of the Foreign Assistance Act of 1961, 22 USC
2443. is amended--,
(1) in subsection (a), by striking out "for the fiscal year
1975
not to exceed $100,000,000" and inserting in lieu thereof "for the
fiscal year 1976 not to exceed $50,000,000 and for the fiscal year
1977 not to exceed $35,000,000"; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
"(c) 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.
"(d) 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
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.
"(e) 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.".
Sec. 503. Chapter 5 of part 1 of the Foreign Assistance Act of 1961
22 USC 2261. is amended--,
(1) in the chapter heading, by striking out "disaster Relief"
and inserting in lieu thereof " Contingency Fund"; and
(2) in section 451(a)--,
22 USC 2261.
(A) by striking out "for the fiscal year 1975 not to
exceed
639"; and
(C) by adding at the end thereof the following new
sentence:
Sec. 504. (a) Section 482 of the Foreign Assistance Act of 1961 22
USC 2291a. is amended by inserting immediately before the period at the
end of the first sentence", $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".
(b) Section 481 of the Foreign Assistance Act of 1961 22 USC 2291.
is amended by adding at the end thereof the following new subsection:
"(c)(1) 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.
"(2) 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.".
Sec. 505. Section 302 of the Foreign Assistance Act of 1961 22 USC
2222. is amended by adding at the end thereof the following new
subsection:
"(i) 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 national 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.".
Sec. 506. 22 USC 2162 note. (a) 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.
(b) 22 USC 2751 note. 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 22 USC 2764. during the period beginning July 1,
1976, and ending September 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 guaranteed for the fiscal year 1976.
Sec. 507. 22 USC 2151 note. (a) In addition to any amounts
authorized to be appropriated 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.
(b) 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.
Sec. 601. (a) 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 in accordance with such provisions.
(2) Any such law shall--,
(A) state whether the term "resolution" as used in subsection
(b) of this section, means, for the purposes of such law--,
(i) a joint resolution; or
(ii) a resolution of either House of Congress;
(iii) a concurrent resolution; and
(B) specify the certification to which such resolution shall
apply.
(b)(1) 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.
(2) Paragraphs (3) and (4) of this subsection are enacted--,
(A) 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
(B) 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.
(3)(A) 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, except
that no motion to discharge shall be in order after the committee has
reported a resolution with respect to the same certification.
(B) A motion to discharge under subparagraph (A) of this paragraph
may be made only b 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.
(4)(A) 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.
(B) 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.
(C) 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 controlled by the 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.
(D) 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.
Sec. 602. 22 USC 2352 note. 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.
Sec. 603. 22 USC 2386. Section 626(a) of the Foreign Assistance Act
of 1961 is amended by striking out "$100 per diem" and inserting in lieu
thereof "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".
Sec. 604. 22 USC 2776. (a) Section 36 of the Foreign Military Sales
Act, as amended by section 211 of this Act, is further amended as
follows:
(1) In subsection (a)--,
(A) strike out "and" at the end of paragraph (7);
(B) redesignate paragraph (8) as paragraph (9); and
(C) insert the following new paragraph immediately
after
"(8) a description of each payment, contribution, gift,
commission, or the 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, fift, commission, or fee was paid; (C) the date and
amount of such payment, contribution, gift, commission, or fee;
(D) a description of 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".
(2) In the first sentence of subsection (b), insert immediately
before the period "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 be paid in
order to solicit, promote, or otherwise to secure such letter of
offer".
(b) 22 USC 2779. Chapter 3 of the Foreign Military Sales Act, as
amended by section 212 of this Act, is further amended by adding at the
end thereof the following new section:
" Sec. 39. Fees of Military Sales Agents and Other payments.--, (a)
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--,
"(1) sales of defense articles or defense services under
section 22 of this Act;
22 USC 2762.
or
"(2) commercial sales of defense articles or defense services
licensed or approved under section 38 of this Act;
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 of State shall by regulation require such recordkeeping as he
determines is necessary.
"(b) 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.
"(c) 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, 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.
"(d)(1) 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.
"(2) 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.".
(c) 22 USC 2776 note. The amendments made by this section shall take
effect sixty days after the date of enactment of this Act.
Sec. 605. 22 USC 2751 note (a) 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, 22 USC 2751 note. 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.
(b) Section 42 of the Foreign Military Sales Actt, 22 USC 2791. as
amended by section 213 of this Act, is further amended by adding at the
end thereof the following new subsection:
"(f) 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.".
Sec. 606. 22 USC 2370. 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", 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".
Sec. 607. 22 USC 2394a. 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.
Sec. 608. 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.
Approved June 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1144 (Comm. on International Relations) and
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 94-328, 90 STAT. 727
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, 20 USC 1001 note. That this
joint resolution 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 20 USC 1074. 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 20 USC 1078. is amended by
striking out " 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 20 USC 1078a. is amended by striking out " July 1, 1975" and
inserting in lieu thereof " October 1, 1976".
(d) The amendments made by this section shall not be deemed to
authorize the automatic extension of the programs so amended, under
section 414 of the General Education Provisions Act, 20 USC 1226a.
beyond the date specified in such amendments.
(e) 42 USC 2756 note. For the purposes of section 446(b) of the
Higher Education Act of 1965, 42 USC 2756. 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 20 USC 1070a. is
amended by 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, in lieu of H.J.
Res. 984.
Public Law 94-327, 90 Stat. 726
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 are 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 94-326, 90 STAT. 725
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 111 of 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 94-325, 90 STAT. 724
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 "n 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 94-324, 90 STAT. 720
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 38 USC 1801 note. That
this Act may be cited as the " Veterans Housing Amendments Act of 1976".
Sec. 2. (a) Subchapter 1 of chapter 37 of title 38, United States
Code, is amended by adding at the end thereof the following new section:
Sec. 1807. 38 USC 1801. Service after July 25, 1947, and prior to
June 27, 1950 38 USC 1807.
" 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 1 of chapter 37 of title 38,
United States Code, is amended by adding at the end thereof the
following new item: "1807. Service after July 25, 1947, and prior to
June 27, 1950.".
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.
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, 38 USC 1801 et
seq.
is amended--
(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 subsection (e) and (g) of section 1802
"him" and "his wife" wherever they appear 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 lieu 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 lieu 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 lieu 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";
(17) by striking out in subsections (a) and (b) of section
1816 38 USC 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 "he" wherever they appear and inserting in lieu thereof
"the Administrator's" and "the Administrator", respectively;
(25) by striking out in section 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. (a) 12 USC 1709 - 1a. 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 law of that State expressly limiting the amount of
interest which may be charged, taken, received, 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 1
or 11 of the National Housing Act, or (B) insured, guaranteed, or
made under chapter 37 of title 38,
12 USC 1702, 1707.
United States Code;
38 USC 1801 et seq. 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
this Act shall become effective on the date of enactment.
(b) Sections 2 and 3 shall become effective on October 1, 1976.
Section 5 shall become effective on July 1, 1976 38 USC 1801 note.
Approved June 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1129 accompanying H.R. 13724 (Comm. on
Veterans'
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 94-323, 90 STAT. 717
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 16 USC 410bb. That (a)
in order 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 Map, 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 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 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 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
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.
(c) All lands acquired pursuant to this Act shall be taken by the
Secretary subject to all valid existing rights granted by the United
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 lands acquired for
the White Pass Trail unit for pipeline purposes, pursuant to the Acts of
February 25, 1920 (41 Stat. 449), August 21, 1935 (49 Stat. 678), and
August 12, 1953 (67 Stat. 557), and for railroad purposes pursuant to
the Act of May 14, 1898 (30 Stat. 409). 43 USC 270. 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 43 USC 1457. 16 USC 461. (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. 535), 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, 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) 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 16 USC 410bb, 2. (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 proper authority of the Canadian Government, the President is
authorized to issue 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 as
may be necessary to carry out the purposes of this Act, 16 USC 410bb-3.
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.
PUBLIC LAW 94-322, 90 STAT. 715
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, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President is
hereby authorized and requested to issue a proclamation designating the
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:
(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 the 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 94-321, 90 STAT. 713
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 3301 of
title 38, United States Code, 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 Adminstrator shall make disclosure of such files, 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), (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
shall prescribe, release the names or addresses, or both, of any present
or former members of the Armed Forces, and/or their dependents, (1) 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 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.".
(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.
PUBLIC LAW 94-320, 90 STAT. 711
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 40 USC 801 note. That,
subject to the 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
flags 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 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.
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 94-319, 90 STAT. 709
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1 of 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--
"(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
and the germ plasm of honeybees of 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
Act or any regulation issued under it is guilty of an offense against
the United States and shall, upon conviction, be 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. 7 USC 284. (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 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 be 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 lands 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.
PUBLIC LAW 94-318, 90 STAT. 708
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, 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 94-317, 90 STAT. 695
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, TITLE I--HEALTH
INFORMATION AND HEALTH
PROMOTION
SEC. 101. This title may be cited as the " National Consumer Health
Information and Health Prmotion Act of 1976". 42 USC 201 note.
SEC. 102. The Public Health Service Act is amended by adding at the
end thereof the following new title:
" TITLE XVII-- HEALTH INFORMATION AND HEALTH
PROMOTION
" SEC. 1701. 42 USC 300u. (a) The Secretary shall--
"(1) 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;
"(2) analyze the necessary and available resources for
implementing the goals and strategy formulate pursuant to
paragraph (1), and recommend appropriate educational and quality
assurance policies for the needed manpower resources identified by
such analysis;
"(3) undertake and support necessary activities and programs
to--,
"(A) incorporate appropriate health education
components
"(4) undertake and support research and demonstrations
respecting health information and health promotion, preventive
health services, and education in the appropriate use of health
care;
"(5) 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;
"(6) 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 services, and education in the
appropriate use of health care;
"(7) 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;
"(8) provide technical assistance in the programs referred to
in paragraph (7); and
"(9) use such other authorities for programs respecting health
information and health promotionm 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.
The Secretary shall administer this title in a manner consistent with
the national health priorities set forth in section 1502 42 USC 300k-2.
and with health planning and resource development activities undertaken
under titles XV and XVI. 42 USC 300k-1, 300o.
"(b) 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.
"(c) No grant 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).
" SEC. 1702. 42 USC 300u-1. (a) 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--,
"(1) provide consultation and technical assistance to persons
who need help in preparing research proposals or in actually
conducting research;
"(2) determine the best nethods 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;
"(3) determine and study environmental, occupational, social,
and behavioral factors which 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;
"(4) 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;
"(5) 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
"(6) 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.
"(b) The Secretary shall make a periodic survey of the needs,
interest, attitudes, knowledge, and behavior of the American public
regarding health and health care. The Secetary 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.
" SEC. 1703. 42 USC 300u-2. (a) The Secretary is authorized to
conduct and support by grant or contract (and encourage others to
support) new and innovative programs in health information and halth
promotion, preventive health services, and education in the appropriate
use of health care, and may specifically--,
"(1) support demonstration and training programs in such
matters which programs (A) are in hospitals, ambulatory care
setting, home care settings, schools, day care programs for
children, and other appropriate settings representative of board
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;
"(2) provide consultation and technical assistance to
organizations that request help in planning, operating, or
evaluating programs in such matters;
"(3) develop health information and helath promotion materials
and teaching programs including (A) model curriculums for the
training of educational and health professionals and
paraprofessionals 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
for the continuing education of health professionals and
praprofessionals 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
"(4) 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.
"(b) 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.
"(c) 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.
" SEC. 1704. 42 USC 300u-3. 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:
"(1) 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, cardivascular
disease, and cancer), physical fitness, dental health,
environmental health, mutrition, safety and accident prevention,
drug abuse and alcoholism, mental health, management of chronic
diseases (including diabetes and arthritis), and veneral diseases;
and shall be designed to reach populations of different languages
and of different social and economic background.
"(2) Securing the cooperation of the communications media,
providers of health care, school, and others in activities
designed to promote and encourage the use of health maintaining
information and behavior.
"(3) 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.
"(4) 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.
"(5) 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 ration 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.
"(6) 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, publidh 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.
" SEC. 1705. 42 USC 300u-4. (a) The Secretary shall, not later than
two years after 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 serveces, and education in the appropriate use of health care.
Each such report shall include--
"(1) 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;
"(2) 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;
"(3) 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
"(4) 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 recommendation for
revisions to and extension of this title.
"(b) 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 insurances programs, including
the extent and nature of such coverage and the cost sharing requirements
required by such programs for coverage of such services.
" SEC. 1706. 42 USC 300u-5. The Secretary shall establish within
the Office of the Assistant Secretary for Health and Office of Health
Information and Health Promotion which shall--
"(1) 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;
"(2) coordinate its activities with similar activities of
organizations in the private sector; and
"(3) 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
facilitae access to such information, and to assist in the
analysis of issues and problems relating to such matters.".
TITLE II-- DISEASE CONTROL
SEC. 201. 42 USC 201 note. This title may be cited as the " Disease
Control Amendments of 1976".
SEC. 202. 42 USC 247b note. (a) 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:
" SEC. 317. 42 USC 247b. (a) 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.
"(b) (1) No grant may be made under subsection (a) unless an
application therefor has been submitted to, an 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 of paragraph (2).
"(2) An application for a grant under subsection (a) shall--
"(A) 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);
"(B) contain assurances satisfactory to the Secretary that, in
the yhear 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 the
applicant who are most suscepitble 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
"(C) provide for the reporting to the Secretary of such
information 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.
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 geive 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 diseases control programs for
communicable diseases.
"(c) (1) 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.
"(2) 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.
"(3) The Secretary, at the request of a recipient of a grant under
subsection (a), may reduce the amount of such grant by--
"(A) the fair market value of any supplies (including vaccines
and other prevention agents) or equipment furnished the grant
recipient, and
"(B) 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 employees,
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 grant 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.
"(d) (1) The Secretary may conduct, and may make grants to and enter
into contracts with public and nonprofit private entities for the
conduct of --,
"(A) training for the administration and operation of disease
prevention and control programs, and
"(B) demonstrations and evaluations of such programs.
"(2) 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.
"(e) The Secretary shall coordinate activities under this section
respecting disease control programs with activities under other sections
of this Act respecting such programs.
"(f) 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
for rodent control for which a grant was made under section 314 (e) 42
USC 246. for the fiscal year ending June 30, 1975.
"(g) (1) (A) For the purpose of grants under subsection (a) for
disease control programs to immunize children against immunizabel
diseases (including measles, rubella, poliomyelitis, diphteria,
pertussis, tentanus, 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.
"(B) 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.
"(C) 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.
"(D) Not to exceed 15 per centum of the amount appropriated for any
fiscal year under any of the preceding subparagraphs of this paragraph
may be used by the Secretryy 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 his determination and
the the reasons therefor.
"(2) 42 USC 247c. 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 the fiscal year.
"(h) The Secretary shall submit to the President for submission to
the Congress on January 1 of each year (1) a report (A) on the
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.
"(i) (1) 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).
"(2) 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.".
(b) Section 311 (c) of the Public Health Service Act 42 USC 243. is
amended to read as follows:
"(c) (1) 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) 42 USC 247b. and to meet other health
emergencies or problems involving or resulting form 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).
"(2) The Secretary may, at the request of the appropriate State 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 crdited to the
applicable appropriation for the Service for the year in which such
reimbursement is received.".
(c) Section 311 (b) of such Act is amended by inserting at the end
thereof the following new sentence: " The Secretary may charge only
private entities reasonable fees for the training of their personnel
under the preceding sentence.".
SEC. 203. 42 USC 247c note. (a) The Congress finds and declares
that--,
(1) the number of reported cases of venereal disease continues
in epidemic proportions in the United States;
(2) the number of patients with venereal disease reported to
public health authorities is only a fraction of those actually
infected;
(3) the incidence of venereal disease is particularly high in
the 15 - 29 year age group, and in metropolitan areas;
(4) venereal disease accounts for needless deaths and leads to
such severe disabilities as terility, insanity, blindness, and
crippling conditions;
(5) the number of cases of congenital syphilis, a preventable
disease, tends to parallel the incidence of syphilis in adults;
(6) it is conservativiely estimated that the public cost of
care for persons suffering the complications of venereal disease
exceed $80,000,000 annually;
(7) 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;
(8) school health education programs, public information and
awareness campaigns, mass diagnostic screening and case followup
activities have all ben found to be effective disease intervention
methodologies;
(9) knowledgeable health providers and concerned individuals
and groups are fundamental to venereal disease provention and
control;
(10) biomedical research leading to the development of vaccines
for syphilis and gonorrhea is of singular importance for the
eventtual eradication of these dreaded diseases; and
(11) a variety of other sexually transmitted diseases, in
addition to syphilis and gonorrhea, have become of public health
significance.
(b) (1) Section 318 (b) (2) of the Public Health Service Act 42 USC
247c. is amended to read as follows:
"(2) 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 fisca year 1978.".
(2) Subsection (d) (2) of such section is amended to read as follows:
"(2) 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.".
(c) Subsection (a) of such section is amended by striking out "public
authorities and" and inserting in lieu thereof "public and nonprofit
private entities and to".
(d) Subsection (d) (1) (B) of such section is amended by inserting
before the semicolon at the end the following: "and routine testing,
including laboratory tests and followup systems".
(e) Subsection (d) (1) (E) of such section is amended by striking out
"control" and inserting in lieu thereof "prevention and control
strategies and activities".
(f) (1) Subsection (c) is repealed.
(2) Subsection (e) (1) of such section is amended by striking out "or
(d)" and inserting in lieu thereof "or (c)".
(3) Subsection (e) (2) (C) of such section is amended by striking out
"(including dark-field microscope techniques for the diagnosis of both
gonorrhea and syphilis)".
(4) The last sentence of subsection (e) (4) of such section is
amended by striking out the semicolon and all that follows through "paid
to such recipient".
(5) The first sentence of subsection (e) (5) of such section is
amended by inserting before the period the following: "or as may be
required by a law of a State or political subdivision of a State".
(6) Subsection (g) of such section is amended by striking out ", (c),
and (d)" and inserting in lieu thereof "and (c)".
(7) Subsection (h) of such section is amended by striking out
"treated or to have any child or ward of his".
(8) Subsections (d), (e), (f), (g), and (h) of such section are
redesignated as subsections (c), (d), (e), (f), and (g), respectively.
(g) Subsection (e) of such section (as so redesignated) is amended by
striking out "317 (d) (4)" and inserting in lieu thereof "317 (g) (2)".
42 USC 247b.
(h) Such section is amended by adding at the end thereof the
following new subsection:
"(h) For purpose of ths section and section 317, the term 'venereal
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.".
(i) Section 318 (b) (1) 42 USC 247c. is amended by inserting
"education," before "and training".
SEC. 204. (a) (1) 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: " Follow-up programs described in
paragraph (3) shall include programs to eliminate lead-based paint
hazards from surface 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.".
(2) (A) Section 101 (c) of such Act is amended by striking out
"should include" and inserting in lieu thereof "shall include".
(B) Section 101 (f) of such Act is amended by (i) striking out "and
(B)" and inserting in lieu thereof "(B)", and (ii) by inserting before
the period at the end the following ", and (C) the services to be
provided will be provided under local programs which meet the
requirements of subsctions (c) and (d) of this section".
(b) Section 401 of such Act (42 U.S.C. 4831) is amended to read as
follows: " PROHIBITION AGAINST USE OF LEAD- BASED PAINT IN CONSTRUCTION
OF
FACILITIES AND THE MANUFACTURE OF CERTAIN TOYS AND UTENSILS
" SEC. 401. (a) 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
"(b) 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.
"(c) The Consumer Prodduct 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.".
(c) (1) Section 501 (3) of such Act (42 U.S.C. 4841 (3)) is amended
to read as follows:
"(3) (A) Except as provided in subparagraph (B), the term
'lead-based paint' means any paint containing mor 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.
"(B) (i) The Consumer Prodict 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 preceding sentence, that
another level of lead is safe, the term 'lead-based paint' means,
with respect ot paint 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 as 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.
"(ii) Unless the definition of the term 'lead-based paint' has
been established by a determination of the Consumer Product Safety
Commission prusuant to claus (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, paing 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.".
(2) Section 501 of such Act is amended (1) by striking out "the term"
in paragraphs (1) and (2) and inserting in lieu thereof " The term", (2)
by striking out the semicolon at the end of paragraph (1) and inserting
in lieu thereof a period, and (3) by striking out "; and" at the end of
paragraph (2) and inserting in lieu thereof a period.
(d) Section 502 of such Act (42 U.S.C. 4842) is amended by striking
out " In carrying out the authority under this Act, the Secretary of
Health, Education, and Welfare shall" and inserting in lieu thereof " 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".
(e) (1) 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:
"(a) 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.".
(2) Subsction (d) of such section is redesignated as subsection (b).
TITLE III- MISCELLANEOUS AMENDMENT
SEC. 301. 42 USC 201. (a) Section 2 (f) of the Public Health
Service Act is amended to read as follows:
"(f) Except as provided in section 314 (g) (4) (B), 355 (5), 361 (d),
1002 (c), 1201 (2), 1401 (13), 1531 (1), and 1633 (1)8 the term ' State'
includes, in addition to the serveral States, only the District of
Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin
Islands.".
(b) (1) 42 USC 264. Section 361 (d) is amended by adding at the end
thereof the following: " For purposes of this subsection, the term '
State' includes, in addition to the several States, on the District of
Columbia.".
(2) 42 USC 300f. Section 1401 is amended by adding after paragraph
(12) the following new paragraph:
"(13) 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.".
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.
PUBLIC LAW 94-316, 90 STAT. 694
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 42 USC 1959 note. That
there is authorized to be appropriated, to carry out the provisions of
the Saline Water 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 Trensfer, $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 expenditrues 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. 1961) or the Saline Water Conversion Act of 1971 (42
U.S.C. 1959), 42 USC 5909. and notwithstanding any other provision of
law, the Secretary shall be governed by the provisions of sections 9 and
10 of the Federal Nonnuclear Energy, Research, and Development Act of
1974 (42 U.S.C. 5908): Provided, however, That subsection (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 94-315, 90 STAT. 693
Resolved by the Senate and House of Representatives of the United
States of American in Congress assembled, That the vacancy in the 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 pased House, in lieu of H. j. Res. 863.
PUBLIC LAW 94-314, 90 STAT. 692
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 the 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. 91 - 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 94-313, 90 STAT. 691
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 22 USC 2601 note. That
the Indochina 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) In section 4 (b), strike out " Camboia and South Vietnam" and
insert in lieu therof " 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 94-312, 90 STAT. 690
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 7 USC 1785 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 7 USC 1781 note. 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 faided 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 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 94-311, 90 STAT. 688
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
proverty 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 House of Representatives of the United
States of America in Congress assembled, That the Department of Labor,
in cooperation with the Department of Commerce, shall 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 Fdedral agencies, shall develop a
Governmentwide 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
furture censuses.
SEC. 5. 13 USC 141 note. The secretary of Commerce shal ensure
that, in the Bureau of the Census data-collection activities, the needs
and concerns of the Spanish-orgin population are given full recognition
through the use of Spanish language questionnaires, bilingual
enumerators, and other such methods as deemed appropriate by the
Secretary.
SEC. 6. 13 USC 22 note. The Department of Commerce shall implement
an affirmative 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.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 25 (1976): June 16, Presidential statement.
PUBLIC LAW 94-310, 90 STAT. 687
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 6322 (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 governmeent 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 Empolyees 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 expended.".
SEC. 4. The amendments made by this Act shall take effect on October
1, 1976, or on the date of the enactment of this Act, whichever date is
later 2 USC 130b note.
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.
Mar. 19, considered and passed Senate, amended.
June 3, House concurred in Senate amendment.
PUBLIC LAW 94-309, 90 STAT. 683
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Educational Broadcasting Facilities and
Telecommunications Demonstration Act of 1976". 47 USC 390 note.
SEC. 2. (a) Part IV of title III of the Communications Act of 1934
47 USC 390. 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 47 USC 390. is amended to read as
follows:
" SEC. 390. The purpose 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.".
SEC. 3. Section 391 of the Communications Act of 1934 47 USC 391.
is amended 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.".
SEC. 4. (a) Section 392 (a) (1) of the Communications Act of 1934 47
USC 392. is amended by striking out clause (C) and inserting in lieu
thereof "(c) a public or private nonprofit college or university or
other educational or cultural institution which is affiliated with an
eligible college or university,".
(b) Section 392 (d) of such Act 47 USC 392. 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 services; and (C) the
provision of multiple radio stations in major population centers to
broaden services for special interest, minority, and educational used.".
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 shall provide for
close coeedination with the Corporation for Public Broadcasting in the
administration f his functions under this subpart which are of interest
to or affect the functions of the Corporation.".
SEC. 6. Section 397 (2) 47 USC 397. of the Communications Act of
1934 is amended to read as follows:
"(2) The term 'construction', as applied to educational television
broadcasting facilities or educational radio bradcasting 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.".
SEC. 7. Section 399 (b) of the Communications Act of 1934 47 USC
399. is amended by adding at the end thereof the following new
paragraph:
"(5) From amounts appropriated pursuant to section 391 47 USC 391.
after the 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.'.
SEC. 8. The Communications Act of 1934 is amended by adding after
section 392 the following new section:
" TELECOMMUNICATIONS DEMONSTRATIONS
" SEC. 392 A. 47 USC 392a. (a) It is the purpose of this section to
promote the 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
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 priviate nonprofit agencies,
organizations, and institutions for the purpose of carrying out
telecommunications demonstrations.
"(b) The Secretary may approve an application submitted under
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 form 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 thet such funds may be used for minor remodeling which is
necessary for and incident to the installation of such facilities or
equipment.
"(e) For purposes of this section, the term 'nonbroadcast
telecommuications 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) 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) There are authorized to be appropriated $1,000,000 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
sction. 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.".
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 94-308, 90 STAT. 682
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 94-307, 90 STAT. 677
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is hereby
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 operation, $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 application, $198,000,000;
(8) Earth resources operational systems, $200,000;
(9) Aeronautical resarch 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
follows:
(1) Modification for high enthalpy facility, a 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, 30,000;
(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 f 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;
(14) Space Shuttle Facilities at various locations as follows:
(15) Space Shuttle paylod facilities at various locations as
follows:
(16) Rehabiliation and modification of facilities at various
locations, not in excess of $500,000 per profect, $17,875,000;
(17) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$250,000 per rpofect, $5,125,000;
(18) Facility planning and design not other wise provided for,
$12,655,000.
(c) 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) 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 nonprofit
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 organizatio . 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 benefit
adquate 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, exceed $250,000, unless the Administrrtor 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 Aernautical 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 " Construction 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, but
not to exceed $35,000, for scientific consultations or extraordinary
expenses upon the approval or authority of the Administrator and his
determinations shall be final and conclusive upon the accounting
officers of the Government.
(g) Of the funds appropriated pursuant to subsections 1 (a) and 1
(c), not in excess of $25,000 for each project, including collateral
equipment, may be used for construcion 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 discrition of the Administrator or his designee, may
be varied upward 10 per centum, or
(2) following a report by the Administrator or his designee to
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 on-half of 1 per centum of the funds
appropriated 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 in
installations at any location (including locations specified in
subsection 1 (b)), if (1) the Administrator determines sudh 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, apputenances, utilities, and equipment.
No portion of such sums may 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 thereof
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. 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,
unless (A) a perion 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. 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 Aeronautic and Space Administration should explore ways and
means of distributing its research and development funds whenever
feasible.
SEC. 6. 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.
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.
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 Aeronutics and Space
Administration Authorization Act, 1968 (81 Stat. 170) 42 USC 2477. is
amended by striking 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".
SEC. 9. 5 USC 5332 note. 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 and Techonlogy) 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 94-306, 90 STAT. 672
Be it enacted by the Senat and House of Representatives of the United
States of America in Congress assembled, 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) 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) Section 1 of article I is amended by adding at the end thereof
the following:
"(i) ' WMATC' means Washington Metropolitan Area Transit
Commission.".
(4) Section 76 of article XVI is amended to read as follow:
"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 the signatories, the
laws, ordinances, and regulations of the political subdivisions thereof
in the 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 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.
"(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
the 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) Members of the Metro Transit Police shall have power to 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 committted 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 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 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 withinl
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 regulation
established under this subsection shall be adopted and published in
accordance with all standards of due process, including, but no 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 Authority shall, upon conviction by a court of
competent jurisdiction, pay a fine of not more than $250 and costs.
"(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
or the political subdivisions therein in the Transit Zone for their
personnel performing comparable duties; and
"(3) prescribe distinctive uniforms to be worn.
"(g) 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) 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 in 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:
respect to violations of the Rules and Regulations of
the Washington Metropolitan Area Transit Authority
" The Superior Court has jurisdiction with respect ot any violation,
committed in the District of Columbia, of the rules and regulations
adopted by the Washington Metropolitan Area Transit Authority under
section 76 (e) of title III of the Washington Metropolitan Area 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:
the
Rules and Regulations of
the Washington Metropolitan Area Transit
Authority.".
SEC. 4. D.C. Code 1 - 1431 - 1. The Council of the District of
Columbia shall have authority 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 unitl after it has been approved by Congress.
SEC. 5. D.C. Code 1 - 1431c note. The right of Congress to alter,
amend, or repeal this Act 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, Housed concurred in Senate amendment.
Public Law 94-305 90 STAT. 663
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. // 15 USC 636 // The President shall undertake a
comprehensive review 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.
Sec. 102. 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:
Sec. 404. // 15 USC 694 - 1. // (a) For purposes of this section,
the term--,
"(1) '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.
"(2) 'person' includes corporations, companies, associations,
firms, partnerships, socieites, 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.
"(3) 'qualified contract' means a lease, sublease, loan
agreement, installment sales contract, or similar instrument,
entered into between a small business concern and any person.
"(b) The administration may, whenever it determines that small
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 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:
"(1) 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.
"(2) Any 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.
"(3) 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.
"(c) 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.
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 3 1/2 per centumn 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.
"(d) 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--,
"(1) 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;
"(2) 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;
"(3) 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
"(4) such other provisions, not inconsistent with the purposes
of this section as the Administrator may in his descretion
require.
"(e) Any guarantee issued under this section may be assigned with the
permission of the Administration by the person to whom the payments
under qualified contract are due.
"(f) Section 402 shall apply to the administration of this section.
// 15 USC 693. //
" Sec. 405. // 15 USC 694 - 2. // 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 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 operation expeses 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.".
Sec. 103. Section 403 of the Small Business Investment Act of 1958
(15 U.S.C. 694) is amended by striking out "this part" wherever it
appears therein and by inserting in lieu thereof "section 401".
Sec. 104. (a) Section 303 (b) (1) of the Small Business Investment
Act of 1958 // 15 USC 683. // is amended--,
(1) by striking out "200" and inserting in lieu thereof "300";
and
(2) by striking out "$15,000,000" and inserting in lieu thereof
"$35,000,000".
(b) Section 303 (b) (2) of such Act is amended--,
(1) by striking out "300" and inserting in lieu thereof "400";
and
(2) by striking out "$20,000,000" and inserting in lieu thereof
"$35,000,000".
(c) Section 303 (c) of such Act is amended--,
(1) by striking out "300" in clause (2)(iii) and inserting in
lieu thereof "400"; and
(2) by striking out "200" where it appears in clauses (2) (iii)
and (4) and inserting in lieu thereof "300".
Sec. 105. The last sentence of section 305 (b) of the Small Business
Investment Act of 1958 // 15 USC 685. // is repealed.
Sec. 106. (a) Section 103 of the Small Business Investment Act of
1958 // 15 USC 662. // is amended by striking out "and" at the end of
clause (6) and inserting in lieu thereof a semicolon, by striking out
the period at the end of clause (7) and inserting in lieu thereof a
semicolon and "and", and by adding at the end the following:
(8) 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.".
(b) Section 301 (a) of such Act // 15 USC 681. // is amended--,
(1) by striking the comma and inserting "or a limited
partnership" after "incorporated body";
(2) by inserting "or otherwise existing" after "chartered";
(3) by inserting "or partners" after "shareholders"; and
(4) by striking the words "of incorporation".
(c) Section 301 (b) of such Act is amended by striking the words "of
incorporation".
(d) Section 301 (c) of such Act is amended by striking the words "of
incorporation" wherever they appear therein.
(e) Section 302 (a) of such Act // 15 USC 682. // is amended by
striking the words "of incorporation".
(f) Section 312 of such Act // 15 USC 687d. // is amended--,
(1) by inserting "or partners" after "shareholders"; and
(2) by striking "or shareholders" wherever it appears therein
and by inserting "shareholder, or partner".
Sec. 108. (a) Section 502 of the Small Business Investment Act of //
15 USC 696 // of 1958 is amended by inserting "acquisition," after
"plant".
(b) Section 7 (a) (4) (C) of the Small business Act // 15 USC 636.
// is amended to read as follow: "(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.".
Sec. 109. Section 7 (i) of the Small Business Act // 15 USC 636. //
is amended by striking from paragraphs (1) and (3) thereof the figure
"$50,000" and inserting in lieu thereof of the figure "$100,000".
Sec. 110. Section 502 (3) of the Small Business Investment Act of
1958 // 15 USC 696. // is amended by striking out "$350,000" and
inserting in lieu thereof "$500,000".
Sec. 111. Section 7 (a) (4) (A) of the Small Business Act // 15 USC
636. // is amended by striking out $350,000" and by inserting in lieu
thereof "$500,000: Provided, That no such loan made or effected either
directly or in cooperation with blanks or other lending institutions
through agreement to participate on an immediate basis shall exceed
$350,000".
Sec. 112. (a) Section 2 of the Small Business Act (15 U.S. C. 631)
is amended by redesignation subsections (b) and (c) as (c) and (d),
respectively, and by inserting immediately after subsection (a) the
folowing new subsection:
"(b) It 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.".
(b) The first sentence of section 3 of the Small Business Act (15 U.
S.C. 632) is amended by inserting after "concern" the following: ",
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".
(c) Section 7 (a) (1) of the Small Business Act (15 U.S.C. 636 (a)
(1) is amended by inserting "from non-Federal sources" immediately
before the period at the end thereof.
(d) Section 7 (b) (4) of the Small Business Act (15 U. s. C. 636 (b)
(4) is amended by striking out the proviso.
(e) Section 18 of the Small Business Act (15 U.S.C. 647) is amended
by inserting after " Federal Government" the following: ", except to
those enterprises engaged in the production of food and fiber, ranching,
and raising of livestock, aquaculture, and all other farming and
agricultural related industries,".
Sec. 113. Section 412 of the Small Business Investment Act of 1958
// 15 USC 694c. // is amended by striking out $35,000,000" and
inserting in lieu thereof "$56,500,000".
Sec. 114. Section 7(b) of the Small Business Act (15 U.S.C. 636 (b)
is amended by striking from the first paaragraph following paragraph (8)
of such section 7(b) the following: " 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 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 of such loan shall
not be more than the higher of (A) 2 3/4 per centum per annum; or (B)
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 per annum.", and inserting in lieu thereof the following: "
Notwithstanding the provisons 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
obligation 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: Provided, however, 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 occurence of the
disaster.".
Sec. 201. // 15 USC 634a. // 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.
Sec. 202. // 15 USC 634b. // The primary functions of the Office of
Advocacy shall be to--,
(1) 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, stimulation innovation and entrepreneurship, and
providing an avenue through which new and untested products and
services can be brought to the marketplace;
(2) assess the effectiveness of existing Federal subsidy and
assistance programs for small business and the desirability of
reducing the emphasis on such existing programs designed to
benefit all small businesses;
(3) measure the direct costs and other effects of government
regulation on small businesses; and make legislative and
nonlegislative proposals for eliminating excessive or unnecessary
regulations of small businesses;
(4) 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;
(5) study the ability of financial markets and institution to
meet small business credit needs and determine the impact of
government demands for credit on small businesses;
(6) 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;
(7) evaluate the efforts of Federal agencies, business and
industry to assist minority enterprises;
(8) make such other recommendations as may be appropriate to
assist the development and strengthening of minority and other
small business enterprises;
(9) 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
(10) 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.
Sec. 203. // 15 USC 634c. // The Office of Advocacy shall also
perform the following duties on a continuing basis:
(1) serve as a focal point for the receipt of complaints,
critcisms, and suggestions concerning the policies and activities
of the Administration and any other Federal agency which affects
small businessess;
(2) counsel small businesses on how to resolve questions and
problems concerning the relationship of the small business to the
Federal Government;
(3) 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;
(4) represent the views and interests of small businesses
before other Federal agencies whose policies and activities may
affect small business; and
(5) enlist the cooperation and assistance of public and private
agencies, businesses, and other organizations in dissemination
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.
Sec. 204. In carying out he provisions of section 202, // 15 USC
634d. // after consultation with and subject to the apporval of the
Administrator, the Chief Counsel for Advocacy may--,
(1) employ and fix the compensation of such additional staff
personnel as is deemed necessary, wthout regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to chapter 51, and
subchapter 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;
(2) procure temporary and intermittent services to the same
extent as is authorized by section 3109 of title 5, United States
Code;
(3) 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,
academic community, and individuals who generally represent the
public interest;
(4) utilize the services of the National Advisory Council
established pursuant to the provisions of section 8 (b) (13) of
the Small Business Act
// 15 USC 637. //
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
(5) hold hearings and sit and act such times and places as he
may deem advisable.
Sec. 205. // 15 USC 634e. // 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 function under this
title.
Sec. 206. // 15 USC 634f. // 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 prepare and transmit 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.
Sec. 207. // 15 USC 634g. // There are authorized to be appropriated
not to exceed $1,000,000 to carry out the provisions of this title. Any
sums so appropriated shall remain available until expended.
Sec. 208. Section 5 (e) of the Small Business Act // 15 USC 634. //
is hereby repealed.
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 94-304, 90 STAT. 661
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is
established the Commission on Security and Cooperation in Europe
(here-after in this Act referred to as the " Commission"). 22 USC 3001.
SEC. 2. 22 USC 3002. The Commission is authoruzed 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 provision
relating to Cooperation in Humanitarian Fields. The Commission is
further authorized and directed to monitor and encourage the development
of programs and activies 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. 22 USC 3003. The Commission shall be composed of fifteen
members as 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) One member of the Commerce Department appointed by the
President of the United States.
SEC. 4. 22 USC 3004. In carrying out this Act, the commission may
require, by 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.
22 USC 3005. In order to assist the Commission in carrying out its
duties, the Preesident shall submit to the Commission a semianuual
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 of 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. 22 USC 3006. The Commission is authorized and directed to
report to the House of Reprsentatives 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. 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 III of chapter 53 5 USC 5101, 5331. 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 94-303, 90 STAT. 597
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated out of any money in the Treasury not otherwise
appropriated 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:
For an additional amount for " Office of the Secretary", $11,000.
For an additional amount for " Office of the Secretary", for the
period July 1, 1976, through September 30, 1976, $10,000.
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.
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.
For an additional amount for " Agricultural Research Service",
$19,535,000.
For an additional amount for " Animal and Plant Health Inspection
Service", $7,644,000.
For an additional amount for " Animal and Plant Health Inspection
Service", for the period July 1, 1976, through September 30, 1976,
$2,161,000.
For an additional amount for " Statistical Reporting Service",
$532,000.
For an additional amount for " Statistical Reporting Service", for
the period July 1, 1976, through September 30, 1976, $133,000.
An additional amount not to exceed $1,025,000 of administrative and
operating expenses may be paid from preminum income.
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.
For an additional amount for " Conservation operations", $750,000.
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.
For an additional amount for " Great Plains Conservation Program",
$2,000,000.
For an additional amount for " Agricultural conservation program",
pursuant to the amount made available in the second proviso under this
heading in Public Law 94 - 122, $15,000,000.
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 Agencies
Appropriation Act, 1976.
For an additional amount for " Child nutrition programs",
$234,151,000, to remain available until expended.
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 pursuant to
Section 6 of the National School Lunch Act, as amended.
For an additional amount for " Special milk program" for the period
July 1, 1976, through September 30, 1976, $24,000,000.
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.
For an additional amount for " Salaries and expenses", for the period
July 1, 1976, through September 30, 1976, $1,200,000.
The limitation on administrative expenses is increased by
$410,000.
For an additional amount for " Military personnel, Army",
$14,300,000.
For an additional amount for " Military personnel, Army" for the
period July 1, 1976, through September 30, 1976, $3,900,000.
For an additional amount for " Military personnel, Navy",
$16,800,000.
For an additional amount for " Military personnel, Navy" for the
period July 1, 1976, through September 30, 1976, $4,000,000.
For an additional amount for " Military personnel, Marine Corps",
$3,500,000.
For an additional amount for " Military personnel, Air Force",
$6,200,000.
For an additional amount for " Military personnel, Air Force" for the
period July 1, 1976, through September 30, 1976, $1,540,000.
For an additional amount for " Retired pay, Defense", $440,400,000.
For an additional amount for " Retired pay, Defense" for the period
July 1, 1976, through September 30, 1976, $167,600,000.
For an additional amount for " Operation and maintenance, Army",
$6,000,000.
For an additional amount for " Operation and maintenance, Army" for
the period July 1, 1976, through September 30, 1976, $3,000,000.
For an additional amount for " Operation and maintenance, Navy",
$3,800,000.
For an additional amount for " Operation and maintenance, Navy" for
the period July 1, 1976, through September 30, 1976, $1,900,000:
Provided, 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.
For an additional amount for " Operation and maintenance, Marine
Corps", $500,000.
For an additional amount for " Operation and maintenance, Marine
Corps" for the period July 1, 1976, through September 30, 1976,
$200,000.
For an additional amount for " Operation and maintenance, Air Force",
$4,800,000.
For an additional amount for " Operation and maintenance, Air Force"
for the period July 1, 1976, through September 30, 1976, $2,400,000.
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.
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, $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.
For an additional amount for " Operation and maintenance, Army
Reserve", $600,000.
For an additional amount for " Operation and maintenance, Army
Reserve" for the period July 1, 1976, through September 30, 1976,
$300,000.
For an additional amount for " Operation and maintenance, Navy
Reserve", $100,000.
For an additional amount for " Operation and maintenance, Navy
Reserve" for the period July 1, 1976, through September 30, 1976,
$100,000.
For an additional amount for " Operation and maintenance, Air Force
Reserve", $500,000.
For an additional amount for " Operation and maintenance, Air Force
Reserve" for the period July 1, 1976, through September 30, 1976,
$200,000.
For an additional amount for " Operation and maintenance, Army
National Guard", $1,200,000.
For an additional amount for " Operation and maintenance, Army
National Guard" for the period July 1, 1976, through September 30, 1976,
$600,000.
For an additional amount for " Operation and maintenance, Air
National Guard", $1,100,000.
For an additional amount for " Operation and maintenance, Air
National Guard" for the period July 1, 1976, through September 30, 1976,
$600,000.
Provided, 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
tanks.
Provided, 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.
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 "
Procurement of ammunition, Army, 1975/1977," $118,000,000, from "
Procurement of aircraft, Army, 1976/1978," $5,800,000, and from " Other
procurement, Army, 1976/1978," $24,000,000.
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 " Procurement of
ammunition, Army, 1974/1976," $50,000,000.
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.
For an additional amount for " Research, development, test and
evaluation, Navy," $8,000,000, to remain available for obligation until
September 30, 1977.
For expenses neccessary to carry out the purposes of the United
States Emergency Refugee and Migration Assistance Fund, $10,000,000, to
remain available until expended.
For an additional amount for " International disaster assistance",
$25,000,000, not withstanding section 10 of Public Law 91 - 672. // 22
USC 2412. //
For payment to the International Fund for Agricultural Development,
as authorized by section 103(e) of the Foreign Assistance Act of 1961,
as amended, // 22 USC 2151. // $200,000,000, to remain available until
expended: Provided, 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.
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: Provided, That this appropriation shall be
available only upon enactment into law of authorizing legislation.
The limitation on the aggregate loans that may be made through
September 30, 1976, under section 202 of the Housing Act of 1959, // 12
USC 1701q. // as amended, is hereby increased by $375,000,000.
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.
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.
For expenses necessary for the Office of Science and Technology
Policy, including services as authorized by 5 U.S.C. 3109, $500,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 197l, $500,000.
For an additional amount for " Compensation and pensions",
$549,500,000, to remain available until expended.
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.
For an additional amount for " Readjustment benefits", $600,000,000
to remain available until expended.
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.
For an additional amount for " Medical care", $108,390,000.
For an additional amount for " Medical care" for the period July ,
1976, through September 30, 1976, $31,235,000.
For an additional amount for " General operating expenses",
$8,300,000.
For an additional amount for " General operating expenses" for the
period July 1, 1976, through September 30, 1976, $4,800,000.
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.
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.
The limitation on nonadministrative expenses of the Federal Home Loan
Bank Board is increased by an amount not to exceed $679,000.
The limitation on nonadministrative 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.
For an additional amount for " Management of lands and resources",
$23,010,000.
For an additional amount for " Management of lands and resources" for
the period July 1, 1976, through September 30, 1976, $530,000.
For an additional amount for " Construction and maintenance",
$400,000, to remain available until expended.
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.
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.
For an additional amount for " Resource management", $267,000.
For an additional amount for " Construction and anadromous fish",
$1,605,000, to remain available until expended.
For an additional amount for " Operation of the national park
system", $3,875,000.
For an additional amount for " Operation of the national park
system", for the period July 1, 1976, through September 30, 1976,
$875,000.
For an additional amount for " Planning and construction", $242,000,
to remain available until expended.
For an additional amount for " Surveys, investigations, and
research", $600,000.
For an additional amount for " Surveys, investigations, and
research", for the period July 1, 1976, through September 30, 1976,
$175,000.
For an additional amount for " Salaries and expenses", $3,090,000,
including the purchase of not to exceed 230 passenger motor vehicles.
For an additional amount for " Operation of Indian programs",
$13,250,000: Provided further, 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.
For an additional amount for " Construction", $6,750,000, to remain
available until expended.
For an additional amount for " Road construction (Liquidation of
contract authority)", $10,000,000, to remain available until expended.
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
// 43 USC 1618 note. // (P.L. 94 - 204).
For an additional amount for " Administration of Territories",
$5,740,000, to remain available until expended, for grants to American
Samoa.
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. // 48 USC 1681 note.
//
For an additional amount for " Forest protection and utilization",
for " Forest land management", $115,997,000.
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.
For an additional amount for " Operating expenses, fossil fuels",
$16,000,000, to remain available until expended.
For an additional amount for " Salaries and expenses",
$10,085,000.
For an additional amount for " Salaries and expenses", for the period
July 1, 1976, through September 30, 1976, $7,000,000: Provided, That
this appropriation shall be available only upon enactment into law of
authorizing legislation.
For expenses necessary to carry out sections 151 through 166 of the
Energy Policy and Conservation Act of 1975. // 42 USC 6231 - 6246. //
$313,375,000, to remain available until expended.
For " Strategic petroleum reserve" for the period July 1, 1976,
through September 30, 1976, $600,000, to remain available until
expended.
For an additional amount for " Indian health services",
$3,000,000.
For an additional amount for " Indian health facilities", $250,000,
to remain available until expended.
For an additional amount for " Salaries and expenses", $1,665,000.
For an additional amount for " Salaries and expenses", for the period
July 1, 1976, through September 30, 1976, $149,000.
For expenses necessary to carry out section 201 of the Naval
Petroleum Reserves Production Act of 1976, $24,152,000, to remain
available until expended.
For " Petroleum reserves" for the period July 1, 1976, through
September 30, 1976, $15,350,000, to remain available until expended.
Funds appropriated under this heading in the Supplemental
Appropriations Act, 1976 (Public Law 94 - 157) shall be available for
repayable loans to the Virgin Islands, as authorized by title III of the
Emergency Compensation and Special Unemployment Assistance Extension Act
of 1975. // 26 USC 3304 note. //
For an additional amount for " Salaries and expenses", $260,000.
For an additional amount for " Salaries and expenses" for the period
July 1, 1976, through September 30, 1976, $445,000.
For an additional amount for " Salaries and expenses", $5,060,000:
Provided, That $5,000,000 shall remain available until September 30,
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: // 29 USC 871. // Provided
further, That the funds for the Mountain-Plains Family Education and
Employment Program shall be transferred through the Old West Regional
Commission.
For an additional amount for " Salaries and expenses" for the period
July 1, 1976, through September 30, 1976, $589,000.
For an additional amount for " Health services" for carrying out, to
the extent not otherwise provided, title V of the Social Security Act,
// 42 USC 701. // for the period July 1, 1976, through September 30,
1976, $18,300,000.
For an additional amount for " National Institute of Environmental
Health Sciences" for the period July 1, 1976, through September 30,
1976, $1,000,000.
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.
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, // 42 USC 4551 note. // and the Drug Abuse
Office and Treatment Act Amendments of 1976, for the period July 1,
1976, through September 30, 1976, $32,690,000.
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.
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.
For an additional amount for " Helath resources" $4,000,000 to remain
available until expended for the construction of a medical facility
under section 305(b)(3) of the Public Health Service Act // 42 USC 242c.
// without regard to the requirements of section 308.
For carrying out titles IX and XV of the Public Health Service Act,
// 42 USC 299, 300k-1. // $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: // 42 USC 300o. //
Provided, That $10,000,000 for carrying out title IX shall remain
available until expended, notwithstanding the limitations of section 5(
a)(2) of Public Law 93 - 641: // 42 USC 300l-4 note. // Provided
further, That the appropriation under this head in Public Law 94 - 206
for fiscal year 1976 is hereby amended by repealing the second proviso
and by striking out "$100,000,000 for Title XVI" and inserting in lieu
thereof "$51,760,000 for Title XVI."
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.
For an additional amount for " Elementary and secondary education",
$8,000,000, to remain available through September 30, 1976, for carrying
out Title VII of the Education Amendments of 1974 // 20 USC 1901. //
($6,800,000) and section 721(b)(3) of the Elementary and Secondary
Education Act // 20 USC 880b-7. // ($1,200,000).
For an additional amount for " Elementary and secondary education" to
carry out section 842 of Public Law 93 - 380 // 20 USC 246. // for the
period July 1, 1976, through September 30, 1976, $3,000,000.
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 section 305
of the Education Amendments of 1974. // 20 USC 238. //
Funds appropriated under this heading in the Education Division and
Related Agencies Appropriation Act, 1976.
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 September 30,
1950 // 20 USC 241. // (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.
For an additional amount to carry out the provisions of Section 708
(a) of the Emergency School Aid Act, // 20 USC 1607. // to assist
school districts which have adopted desegregation plans described in
Section 706(a)(1)(A) and (B) of the Act, // 20 USC 1605. //
$30,000,000, to remain available through September 30, 1976.
For an additional amount for " Emergency school aid" to carry out
section 708(a) of the Emergency School Aid Act // 20 USC 1607. // for
the period July 1, 1976, through September 30, 1976, $3,000,000.
For an additional amount for " Education for the handicapped" to
carry out part B of the Education of the Handicapped Act, // 20 USC 1401
note. // $90,000,000.
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 1 of the Higher Education Act,
// 20 USC 1061. // to remain available until September 30, 1977, and
$750,000 shall be for section 966 of the Higher Education Act. // 20
USC 1134r-1. //
For an additional amount for " Higher education" for the period July
1, 1976 through September 30, 1976, $1,000,000.
For an additional amount for " Library resources" to carry out titles
I and III of the Library Services and Construction Act // 20 USC 352,
355e. // for the period July 1, 1976, through September 30, 1976,
$12,937,000.
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.
For an additional amount for " Public assistance", $2,237,000,000.
For an additional amount for " Public assistance" for the period July
1, 1976, through September 30, 1976, $440,500,000.
For an additional amount for " Gallaudet College", $396,000.
For an additional amount for " Gallaudet College" for the period July
1, 1976, through September 30, 1976, $135,000.
For an additional amount for " Howard University", $2,400,000.
For an additional amount for " Howard University" for the period July
1, 1976, through September 30, 1976, $900,000.
To carry out, except as otherwise provided, the Older Americans Act,
and the Rehabilitation Act of 1973, // 42 USC 3001 note. //
$146,975,000 of which $2,465,000 under section 304(b)(3) of the
Rehabilitation Act // 29 USC 774. // shall remain available until
expended.
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 Americans Act.
// 42 USC 3041. //
For payment to the Corporation for Public Broadcasting, as authorized
by the Public Broadcasting Financing Act of 1975, // 47 USC 396 note.
// an amount which shall be available within limitations specified by
said Act, for the fiscal year 1976, $78,500,000.
For payment to the Corporation for Public Broadcasting for the period
July 1, 1976, through September 30, 1976, $17,500,000.
For an additional amount for " Legislative Assistance to Senators"
for the period July 1, 1976, through September 30, 1976, $225,000.
For an additional amount for " Office of Sergeant at Arms and
Doorkeeper", $127,805: Provided, 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 per annum
each; thirteen Programmer Analysts at not to exceed $23,214 per annum
each in lieu 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 $12,992 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 $20,034 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 Keypunch 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 Operators 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-Operators at not to
exceed $14,310 per annum, an Operator at not to exceed $14,628 per
annum, and an 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.
For an additional amount for " Office of Sergeant at Arms and
Doorkeeper" for the period July 1, 1976, through September 30, 1976,
$191,705.
For an additional amount for " Agency Contributions and Longevity
Compensation" for the period July 1, 1976, through September 30, 1976,
$86,250.
For an additional amount for " Senate Policy Committees" for the
period July 1, 1976, through September 30, 1976, $625.
For an additional amount for " Automobiles and Maintenance", $5,000.
For an additional amount for " Automobiles and Maintenance" for the
period July 1, 1976, through September 30, 1976, $1,250.
For an additional amount for " Inquiries and Investigations",
$1,350,000.
For an additional amount for " Inquiries and Investigations" for the
period July 1, 1976, through September 30, 1976, $577,730.
For an additional amount for " Miscellaneous Items", $1,260,200.
For an additional amount for " Miscellaneous Items" for the period
July 1, 1976, through September 30, 1976, $2,012,915.
For an additional amount for " Postage Stamps", // 2 USC 61d-2. //
$100: Provided, 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.
For an additional amount for " Postage Stamps" for the period July 1,
1976, through September 30, 1976, $35.
Sec. 115. 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
notwithstanding the limitations contained therein.
Sec. 116. // 2 USC 123d. // (a)(1) 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").
(2) 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).
(3) 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.
(b)(1) 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.
(2) 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--,
(A) a provision requiring full advance payment for the amount
of time contracted for, and
(B) a provision requiring refund of a proportionate amount of
such advance payment if the total amount of time contracted for is
not used.
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).
(c) To the extent that the personnel of the Senate Computer Center
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 perform the regular functions of the Senate Computer Center when
their services are not needed to carry out such contracts.
(d) 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.
Sec. 117. // 2 USC 6lf-la. // For the purpose of carrying out his
duties, the Sergeant at 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.
Sec. 118. (a) 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: ", 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 withdrawn as of
September 30 of the second fiscal year following the period or year for
which provided".
(b)(1) The first paragraph of section 105(a) of the Legislative
Branch Appropriation Act, 1965 // 2 USC 104a. // (2 U.S.C. 104(a)) is
amended by inserting "(1)" after "(a)" and by adding at the end thereof
the following:
"(2) The report by the Secretary of the Senate under paragraph (1)
for the semiannual period beginning on January 1, 1976, shall include
the period begining 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 October 1
and ending on March 31 and beginning on April 1 and ending on September
30 of each year.".
(2) // 31 USC 1020-1. // 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.
(c) Section 105(b) of the Legislative Branch Appropriation Act, 1965
(40 U.S.C. 162b) is amended by inserting "(1)" after "(b)" and by adding
at the end thereof the following:
"(2) 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 3 and beginning on April 1 and ending on September
30 of each year.".
For payment to Pauline Patman, widow of Wright Patman, late a
Representative from the State of Texas, $44,600.
For payment to the estate of William A. Barrett, late a
Representative from the State of Pennsylvania, $44,600.
For an additional amount for " Special and select committees",
$1,000,000.
For an additional amount for " Reporting hearings", $400,000.
For an additional amount for " Reporting hearings" for the period
July 1, 1976, through September 30, 1976, $250,000.
For an additional amount for " Joint Committee on Printing", // 44
USC 103 note. // $300,000, to remain available until December 31, 1976;
Provided, 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 Reorganization Act of 1946, as amended, // 2 USC 72a. //
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: Provided further, That, prior to the
employment of any consultants or the procurement of services by contract
relative to any review and analysis of the operation of the Government
Printing Office, the Joint Committee shall consult with the Legislative
Branch Appropriations Subcommittees of the House and Senate; and that
periodic reports on the 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.
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.
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.
For an additional amount for " Joint Committee on Internal Revenue
TAXATION", $75,000.
For an additional amount for " Joint Committee on Internal Revenue
Taxation" for the period July 1, 1976, through September 30, 1976,
$18,800.
For an additional amount for " Capitol Guide Service", $37,100, to be
disbursed by the Secretary of the Senate: Provided, That
notwithstanding the provisions of Public Law 94 - 59, the Sergeant at
Arms 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.
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.
Any funds remaining unobligated as of September 30, 1976, shall
remain available until September 30, 1977.
For an additional amount for " Contingent expenses", $201,000, to
remain available until expended.
For an additional amount for " Capitol buildings", $330,000.
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.
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.
For an additional amount for " Salaries and expenses", for studies
for copyright revision planning for the period July 1, 1976, through
September 30, 1976, $130,000.
For an additional amount for " Salaries and expenses", Office of
Superintendent of Documents, $6,000,000.
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.
For an additional amount for " Salaries and expenses", $967,000.
For an additional amount for " Salaries and expenses", for the period
July 1, 1976, through September 30, 1976, $242,000.
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.
For an additional amount for " Plant and capital equipment" for
architect-engineering service only Project 76-2-g, additional
facilities, enriched uranium production, authorized by Public Law 94 -
187, $12,630,000, to be derived by transfer from "0perating expenses",
to remain available until expended.
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.
For an additional amount for " Flood control and coastal
emergencies", to remain available until expended, $50,000,000.
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.
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 made available
until expended.
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.
For an additional amount for " Payment to the Foreign Service
retirement and disability fund", $1,700,000.
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: Provided, 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
Walter Thurston to the United States.
For an additional amount for " Contributions to international
organizations" for the period July 1, 1976, through September 30, 1976,
$29,090,000.
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.
For an additional amount for " International fisheries commissions"
for the period July 1, 1976, through September 30, 1976, $442,000.
For an additional amount for " Salaries and expenses", $20,000.
For an additional amount for " Salaries and expenes", for the period
July 1, 1976, through September 30, 1976, $20,000.
For an additional amount for " Salaries and expenses, general legal
activities", $150,000.
For an additional amount for Salaries and expenses, general legal
activities", for the period July 1, 1976, through September 30, 1976,
$90,000.
For an additional amount for " Salaries and expenses, Antitrust
Division", $40,000.
For an additional amount for " Salaries and expenses, Antitrust
Division", for the period July 1, 1976, through September 30, 1976,
$20,000.
For an additional amount for " Salaries and expenses, U.S. Attorneys
and Marshals", $564,000.
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.
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.
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.
For an additional amount for " Salaries and expenses", $4,158,000.
For an additional amount for " Salaries and expenses" $1,000,000.
For an additional amount for " Salaries and expenses, Bureau of
Prisons", $3,500,000.
For an additional amount for "salaries and expenses, Bureau of
Prisons", for the period July 1, 1976, through September 30, 1976,
$642,000.
For an additional amount for " Salaries and expenses", $2,000,000.
For an additional amount for " Salaries and expenses", for the period
July 1, 1976, through September 30, 1976, $400,000.
For an additional amount for " Periodic censuses and programs",
$1,280,000, to remain available until expended.
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.
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.
For expenses necessary to carry out the provisions of the Offshore
Shrimp Fisheries Act of 1973 as amended // 16 USC 11100b note. //
(Public Law 94 - 58). $270,000, to remain available until expended.
For an additional amount for " Fees of jurors", $2,000,000.
For an additional amount for " Fees of jurors" $500,000, for the
period July 1, 1976, through September 30, 1976.
For an additional amount for " Salaries and expenses of referees",
$313,000.
For an additional amount for " Salaries and expenses of referees",
$235,000, for the period July 1, 1976, through September 30, 1976.
For an additional amount for " Arms control and disarmament
activities", $950,000, including not to exceed $5,000 for official
reception and representation expenses.
For an additional amount for " Arms control and disarmament
activities" for the period July 1, 1976, through September 30, 1976,
$250,000.
For an additional amount for Salaries and expenses", $154,000.
For an additional amount for " Salaries and expenses" for the period
July 1, 1976, through September 30, 1976, $178,000.
For an additional amount for "salaries and expenses", $108,000.
For an additional amount for " Salries and expenses" for the period
July 1, 1976, through September 30, 1976 $122,000.
For an additional amount for payment to the " Legal Services
Corporation", $4,330,000.
For an additional amount for " Salaries and expenses", $250,000, to
remain available until expended: Provided, That this appropriation
shall be available only upon enactment of authorizing legislation.
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
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.
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 itercity transportation and development planning using
the route identified in section 143(1) of Public Law 93 - 87 as the
focus of the study.
For an additional amount for " Acquisition, construction, and
improvements", $10,000,000 for carrying out the provisions of Public Law
94 - 265, Fishery Conservation and Management Act of 1976, to remain
available until expended.
For an additional amount for " Retired pay", $8,000,000.
For an additional amount for " Retired pay" for the period July 1,
1976, through September 30, 1976, $3,250,000.
For " State boating safety assistance" for the period July 1, 1976,
through September 30, 1976, $1,450,000 to remain available until
expended.
For an additional amount for " Operation and maintenance, National
Capital Airports", $475,000.
For an additional amount for " Facilities, engineering and
develompent", $2,500,000, to remain available until expended.
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.
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.
For an additional amount for " Highway beautification "liquidation of
contract authorization)" for the period July 1, 1976, through 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.
For an additional amount for carrying out the provisions of title 23,
United States Code, which are attributable to Federal-aid highways, 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.
For an additional amount for " Traffic and highway safety," $950,000.
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: Provided, 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.
For an additional amount for " Railroad research and development",
$3,000,000, to remain available until expended.
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.
For necessary expenses to carry out the provisions of section 210(f)
of the Regional Rail Reorganization Act of 1973 // 45 USC 720. //
(Public Law 93 - 236), as amended, $250,000,000; together with
$13,880,000 for rail service assistance programs authorized by section
803 of Public Law 94 - 210 and section 402 of Public Law 93 - 236, as
amended, // 45 USC 762. // 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 Pubic Law 94 - 210, to remain
available until expended.
For an additional amount for rail service continuation subsidies
under section 402(1) 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.
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 USC 1601a note, 1601b note.
// (49 U.S.C. 1961 et seq., 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: Provided, 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: Provided further,
That such amounts as are necessary for highway projects substituted for
Interstate System segments shall be transferred to the Federal Highway
Administration.
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:
Provided, That such amounts as are necessary to carry out highway
projects substituted for Interstate System segments shall be transferred
to the Federal Highway Administration.
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
by the Regional Rail Reorganization Act of 1973, // 45 USC 701 note, 801
note. // 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.
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.
For an additional amount for " Administrative expenses," $6,500,000.
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.
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.
For an additional amount for " Salaries and expenses", $10,573,000.
For an additional amount for " Salaries and expenses" for the period
July 1, 1976, through September 30, 1976, $4,944,000.
For an additional amount for " Salaries and expenses", $9,600,000
For an additional amount for " Salaries and expenses" for the period
July 1, 1976, through September 30, 1976, $3,800,000.
For an additional amount for " Administering the public debt",
$3,869,000.
For an additional amount for " Administering the public debt" for the
period July 18 1976, through Septebmer 30, 1976, $1,410,000.
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 circumstances, pursuant
to Public Law 94 - 196, approved December 31, 1975.
For an additional amount for " Salaries and expenses" for the period
July 1, 1976, through September 308 1976, $1,700,000.
For an additional amount for " Payment to the Postal Service Fund",
$121,231,000.
For an additional amount for " Payment to the Postal Service Fund"
for the period July 1, 1976, through September 30, 1976, $17,649,000.
For an additional amount for " Salaries and expenses", for the period
July 1, 1976, through September 30, 1976, $403,000.
For necessary expenses of the Office of Drug Abuse Policy, as
authorized by Public Law 94 - 237, $250,000.
For an additional amount for " Government payment for annuitants,
employees health benefits", $9,319,000.
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.
For an additional amount for " Payment to Civil Service retirement
and disability fund", $236,895,000.
For necessary expenses of the National Commission on the Observance
of International Women's Year, 1975, as authorized by Public Law 94 -
167, $5,000,000, to remain available until expended: Provided, That
none of the funds appropriated under this paragraph shall be used for
lobbying activities.
For expenses necessary to carry out the provisions of title II of the
Public Documents Act of December 19, 1974 // 44 USC 3315. // (Public
Law 93 - 526), $350,000.
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, // 50 USC app. 2169. // $125,000, to remain available until March
3 , 1977.
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: Provided, 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: Provided further, 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.
For additional amounts for appropriations for the fiscal year 1976,
for increased pay costs authorized by or pursuant to law, as follows:
" Office of the Legislative Counsel of the Senate", $22,870;
" Senate policy committees", $29,410;
" Inquiries and investigations", $587,685;
" Folding documents", $3,250;
" Miscellaneous items", $4,450;
" Compensation of Members", $787,200;
" House leadership offices", $55,400;
" Salaries, officers and employees", $294,500;
" Committee on Appropriations (studies and investigations)", $7,500;
" Office of the Law Revision Counsel", $2,800;
" Office of the Legislative Counsel", $32,300;
" Members' clerk hire", $2,620,000;
" Government contributions", $640,000;
" Special and select committees" $551,000;
" Leadership automobiles", $2,100;
" Joint Economic Committee", $39,215;
" Joint Committee on Printing", $17,090;
" Joint Committee on Internal Revenue Taxation", $44,800;
" Joint Committee on Defense Production", $5,600;
" Joint Committee on Congressional Operations", $19,500;
" Capitol Guide Service", $11,050;
" Salaries and expenses", $93,000;
" Salaries and expenses", $132,100;
Office of the Architect of the Capitol: " Salaries", $51,000;
Capitol buildings and grounds:
" Capitol buildings", $156,800;
" Capitol grounds", $58,700;
" Senate office buildings", $322,000;
" Senate garage", $7,000;
" House office buildings", $438,000;
" Capitol power plant", $25,000;
" Library buildings and grounds: Structural and mechanical care",
$69,000;
" Salaries and expenses", $47,500;
" Salaries and expenses", $1,522,000;
Copyright Office: " Salaries and expenses", $224,000;
Congressional Research Service: " Salaries and expenses", $559,000;
Distribution of catalog cards: " Salaries and expenses",
$244,000;
Books for the blind and physically handicapped: " Salaries and
expenses", $33,000;
Office of Superintendent of Documents: " Salaries and expenses",
$799,000;
" Salaries and expenses", $3,352,000;
" Salaries and expenses", $115,000;
" Automobile for the Chief Justice", $500;
" Care of the building and grounds", $25,000;
" Salaries and expenses", $42,500;
" Salaries and expenses", $25,000;
" Salaries of supporting personnel", $2,400,000;
" Representation by court-appointed counsel and operation of defender
organizations", $156,000;
" 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;
" Salaries and expenses", $198,000;
" Operating expenses", $76,000;
" Special assistance to the President", $23,000;
" Salaries and expenses", $21,000;
" Salaries and expenses", $39,000;
" Salaries and expenses", $36,000;
" Salaries and expenses", $72,000;
" Office of Federal Procurement Policy: Salaries and expenses",
$24,000;
" Salaries and expenses", $40,000;
" Office of the Secretary", $48,000;
" Departmental administration", $421,000, of which $73,000 shall be
available for the Office of Communication;
" 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;
" Office of the General Counsel", $270,000;
" Agricultural Research Service", $6,629,000;
" Animal and Plant Health Inspection Service", $9,010,000;
" National Agricultural Library", $118,000;
" Statistical Reporting Service", $787,000;
" Economic Research Service", $745,000;
" Packers and Stockyards Administration", $143,000;
farmer Cooperative Serivce", $77,000;
" Administrative and operating expenses", $60,000;
" Federal Crop Insurance Corporation fund", an additional $395,000 of
administrative and operating expenses may be paid from premium income;
" Rural Development Service", $36,000;
" Salaries and expenses", $601,000;
" Funds for strengthening markets, income, and supply (section 32)"
(increase of $116,000 in the limitation "marketing agreements and
orders");
" Forest protection and utilization", for " Forest land management",
$7,840,000, of which $23,000 for cooperative law enforcement and
$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;
" Construction and land acquisition", $389,000, to remain available
until expended;
" Youth Conservation Corps", $98,000, to remain available until the
end of the fiscal year following the fiscal year for which appropriated:
Provided, That $49,000 shall be available to the Secretary of the
Interior and $49,000 shall be available to the Secretary of Agriculture;
" Assistance to States for tree planting", $9,000, to remain
available until expended;
" Salaries and expenses", $394,000;
" Salaries and expenses", $46,000;
" Salaries and expenses", $1,000,000;
" Periodic censuses and programs" $700,000, to remain available until
expended;
" Salaries and expenses", $300,000;
" Operations and administration", $1,350,000, to remain available
until expended;
" Operations, research, and facilities", $10,400,000, to remain
available until expended;
" Coastal zone management", $32,000, to remain available until
expended;
" Operations, research, and administration", $100,000, to remain
available until expended;
" Salaries and expenses", $2,050,000;
" Scientific and technical research and services", $1,700,000, to
remain available until expended;
" Operations and trainng", $900,000, to remain available until
expended;
" Military personnel, Army", $240,238,000;
" Military personnel, Navy", $161,500,000;
" Military personnel, Marine Corps", $51,400,000;
" Military personnel, Air Force", $155,227,000;
" Reserve personnel, Army", $9,921,000;
" Reserve personnel, Navy", $5,890,000;
" Reserve personnel, Marine Corps", $1,000,000;
" Reserve personnel, Air Force", $2,097,000;
" National Guard personnel, Air Force", $6,154,000;
" Operation and maintenance, Army", $218,850,000;
" Operation and maintenance, Navy", $226,600,000;
" Operation and maintenance, Marine Corps", $21,400,000;
" Operation and maintenance, Air Force", $166,000,000;
" 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;
" Operation and maintenance, Army Reserve", $8,400,000;
" Operation and maintenance, Navy Reserve", $3,200,000;
" 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;
" National Board for the Promotion of Rifle Practice, Army", $6,000;
" Court of Military Appeals, Defense", $33,000;
" Research development, test, and evaluation, Army", $9,185,000, to
remain available for obligation until September 30, 1977;
" Research, development, test, and evaluation, Navy", $10,900,000, to
remain available for obligation until September 30, 1977;
" Research, development, test, and evaluation, Air Force",
$7,645,000, to remain available for obligation until September 30, 1977;
" Operation and maintenance", $578,000;
" Salaries and expenses", $170,000, to remain available until
expended;
" General expenses", $1,200,000;
" Operating expenses", $350,000;
" Salaries and expenses", $6,000,000;
" Indian health services", $5,475,000;
" Office of the Director", $474,000;
" Saint Lizabeth Hospital", $2,000,000;
" Assistant Secretary for Health", $666,000;
" Salaries and expenses", $2,083,000;
" Limitation on salaries and expenses" (increase of $22,597,000 in
the limitation on salaries and expenses paid from trust funds);
" Office for Civil Rights", $653,000;
" Office of Consumer Affairs", $46,000;
" General departmental management", $2,610,000;
" 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;
" Limitation on administrative expenses, Government National Mortgage
Association" (increase of $33,000 in the limitation on administrative
expenses);
" Salaries and expenses, Community planning and development
programs", $1,280,000;
" Interstate land sales", $71,000;
"salaries and expenses, Policy development and research",
$190,000;
" Fair housing and equal opportunity", $372,000;
" General departmental management", $133,000;
" 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;
" Salaries nd 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;
" Administration and staff services", $944,000, of which $633,000
shall be provided by transfer from the various funds of the Federal
Housing Administration;
" Regional management and services", $594,000, of which $62,000 shall
be provided by transfer from the various funds of the Federal Housing
Administration;
" Management of lands and resources", $2,871,000.
" Construction and maintenance", $93,000, to remain available until
expended;
" General administrative expenses", $550,000, which shall be derived
from the reclamation fund;