Public Law 94-121, 89 Stat. 611, Departments of State, Justice, and
Commerce, the Judiciary and Related Agencies Appropriation Act, 1976.
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 Departments of State, Justice, and Commerce, the
Judiciary, and related agencies for the fiscal year ending June 30,
1976, and the period ending September 30, 1976, and other purposes,
namely:
For necessary expenses of the Department of State, not otherwise
provided for, including expenses authorized by the Foreign Service Act
of 1946, as amended (22 U.S.C. 801 - 1158), and allowances as authorized
by 5 U.S.C. 5921 - 5925; expenses of binational arbitrations arising
under international air transport agreements; expenses necessary to
meet the responsibilities and obligations of the United States in
Germany (including those arising under the supreme authority assumed by
the United States on June 5, 1945, and under contractual arrangements
with the Federal Republic of Germany); hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; dues for library
membership in organizations which issue publications to members only, or
to members at a price lower than to others; expenses authorized by
section 2 of the Act of August 1, 1956 (22 U.S. C. 2669), as amended;
refund of fees erroneously charged and paid for passports; radio
communications; payment in advance for subscriptions to commercial
information, telephone and similar services abroad; care and
transportation of prisoners and persons declared insane; expenses as
authorized by law (18 U.S.C. 3192), of bringing to the United States
from foreign countries persons charged with crime; expenses necessary
to provide maximum physical security in Government-owned and leased
properties abroad; and procurement by contract or otherwise, of
services, supplies, and facilities, as follows: (1) translating, (2)
analysis and tabulation of technical information, and (3) preparation of
special maps, globes, and geographic aids; administrative and other
expenses authorized by section 637(b) of the Foreign Assistance Act of
1961, as amended (22 U.S.C. 2397(b)), and by section 305 of the Mutual
Defense Assistance Control Act of 1951, as amended (22 U.S.C. 1613(d))
//22 USC 1613d.// ; $425,400,000: Provided, That passenger motor
vehicles in possession of the Foreign Service abroad may be replaced in
accordance with section 7 of the Act of August 1, 1956 (22 U.S.C.
2674), and the cost, including the exchange allowance, of each such
replacement shall not exceed $4,900 in the case of the chief of mission
automobile at each diplomatic mission (except that four such vehicles
may be purchased at not to exceed $9,000 each) and such amounts as may
be otherwise provided by law for all other such vehicles, except that
right hand drive vehicles may be purchases without regard to any maximum
price limitation otherwise established by law: Provided further, That
in addition, this appropriation shall be available for the purchase (not
to exceed thirty-three), replacement, rehabilitation, and modification
of passenger motor vehicles for protective purposes without regard to
any maximum price limitations otherwise established by law.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $119,100,000.
For representation allowances as authorized by section 901 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1131), $1,700,000.
For " Representation allowances" for the period July 1, 1976, through
September 30, 1976, $525,000.
For necessary expenses of carrying into effect the Foreign Service
Buildings Act, 1926, as amended (22 U.S.C. 292 - 300), including
personal services in the United States and abroad; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 - 1158); allowances as
authorized by 5 U.S.C 5921 - 5925; and services as authorized by 5 U.
S.C. 3109; $29,840,000, to remain available until expended: Provided,
That not to exceed $1,817,000 may be used for administrative expenses
during the current fiscal year.
For " Acquisiton, operation, and maintenance of building abroad" for
the period July 1, 1976, through September 30, 1976, $8,450,000.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements fo the United States
for the purposes authorized by section 4 of the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 295), to be credited to and
expended under the appropriation account for " Acquisition, operation,
and maintenance of buildings abroad", to remain available until
expended, $9,785,000.
For " Acquisition, operation, and maintenance of buildings abroad
(special foreign currency program)" for the period July 1, 1976, through
September 30, 1976, $800,000.
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular service,
to be expended pursuant to the requirement of section 291 of the Revised
Statutes (31 U.S.C. 107), $2,100,000.
For " Emergencies in the diplomatic and consular service" for the
period July 1, 1976, through September 30, 1976, $600,000.
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), $6,355,000.
For " Payment to Foreign Service retirement and disability fund" for
the period July 1, 1976, through September 30, 1976, $1,590,000.
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties, conventions, or specific Acts of Congress,
$217,853,000.
For " Contributions to international organizations" for the period
July 1, 1976, through September 30, 1976, $189,764,000.
For expense necessary for permanent representation to certain
international organizations in which the United States participates
pursuant to treaties, conventions, or specific Acts of Congress,
including expenses authorized by the pertienent Acts and conventions
provided for such representation //22 USC 269a, 269b, 269f, 269g-1,
269h, 272a, 273 - 276, 279a, 280b, 280i, 280k, 287e, 287r, 290b, 1896b,
1928, 1928b, 2673, notes.// ; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1946, as amended
(22 U.S.C. 801 - 1158); allowance as authorized by 5 U.S.C. 5921 -
2925; and expenses authorized by section 2 (a) and (e) of the Act of
August 1, 1956, as amended (22 U.S.C. 2669); $9,000,000.
For " Missions to international organizations" for the period July 1,
1976, through September 30, 1976, $2,673,000.
For necessary expenses of participation by the United States, upon
approval by the Secretary of State, in international activities which
arise from time to time in the conduct of foreign affairs and for which
specific appropriations have not been proveded pursuant to treaties,
conventions, or special Acts of Congress, including personal services
without regard to civil service and classification laws; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 - 1158); allowances as
authorized by 5 U.S.C. 5921 - 5925; hire of passenger motor vehicles;
contributions for the share of the United States in expenses of
international organizations; and expenses authorized by section 2(a) of
the Act of August 1, 1956, as amended (22 U.S.C. 2669); $5,840,000, of
which not to exceed a total of $125,000 may be expended for
representation allowances as authorized by section 901 of the Act of
August 13, 1946, as amended (22 U.S.C. 131), and for official
entertainment.
For " International conferences and contingencies" for the period
July 1, 1976, through September 30, 1976, $1,775,000: Provided, That
not to exceed $38,000 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 necessary expenses of participation by the United States in
international trade negotiations, including not to exceed $10,000 for
representation allowances, as authorized by section 901 of the Act of
August 13, 1946, as amended (22 U.S.C. 1131), and for official
entertainment, $2,596,000: Provided, That this appropriation shall be
available in accordance with the authority provided in the current
appropriation for " International conferences and contingencies".
For " International trade negotiations" for the period July 1, 1976,
through September 30, 1976, $674,000: Provided, That not to exceed
$3,000 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 expenses necessary to enable the United States to meet its
obligations under the treaties of 1889, 1906, 1933, 1944, 1963, and 1970
between the United States and Mexico, //26 Stat. 1512, 34 Stat. 2953,
48 Stat. 1621, 59 Stat. 1219, 15 UST 21, 21 UST 371.// and to comply
with the other laws applicable to the United States Section,
International Boundary and Water Commission, United States and Mexico,
including operation and maintenance of the Rio Grande rectification,
canalization, flood control, bank protection, water supply, power,
irrigation, boundary demarcation, and sanitation projects; detailed
plan preparation and construction (including surveys and operation and
maintenance and protection during construction); Rio Grande emergency
flood protection; expenditures for the purposes set forth in sections
101 through 104 of the Act of September 13, 1950 (22 U.S.C.
277d-1-277d-4); purchase of planographs and lithographs; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); and
leasing of private property to remove therefrom sand, gravel, stone, and
other materials, without regard to section 3709 of the Revised Statutes,
as amended (41 U.S.C. 5); as follows:
For salaries and expenses not otherwise provided for, including
examinations, preliminary surveys, and investigations, and operation and
maintenance of projects or parts thereof, as enumerated above, including
gaging stations, $5,300,000: Provided, That expenditures for the Rio
Grande bank protection project shall be subject to the provisions and
conditions contained in the appropriation for said project as provided
by the Act approved April 25, 1945 (59 Stat. 89).
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,371,000.
For detailed plan preparation and construction of projects authorized
by the convention concluded February 1, 1933, between the United States
and Mexico, //48 Stat. 1621.// the Acts approved August 19, 1935, as
amended (22 U.S.C. 277 - 277f), August 29, 1935 (49 Stat. 961), June 4,
1936 (49 Stat. 1463), June 28, 1941 (22 U.S.C. 277f), September 13, 1950
(22 U.S.C. 277d-1-9) //22 USC 277d-32.// October 10, 1966 (80 Stat.
884), October 25, 1972 (86 Stat. 1161, //22 USC 277d-34 note.// and the
project stipulated in the treaty between the United States and Mexico
signed at Washington on February 3, 1944, to remain available until
expended, //59 Stat. 1219.// $8,365,000: Provided, That no expenditures
shall be made for the Lower Rio Grande flood-control project for
construction on any land, site, or easement in connection with this
project except such as has been acquired by donation and the title
thereto has been approved by the Attorney General of the United States:
Provided further, That the Anzalduas diversion dam shall not be operated
for irrigation or water supply purposes in the United States unless
suitable arrangements have been made with the prospective water users
for repayment to the Government of such portions of the cost of said dam
as shall have been allocated to such purposes by the Secretary of State.
For " Construction" for the period July 1, 1976, through September
30, 1976, $830,000, to remain available until expended.
For expenses necessary to enable the President to perform the
obligations of the United States pursuant to treaties between the United
States and Great Britain, in respect to Canada, signed January 11, 1909
(36 Stat. 2448), and February 24, 1925 (44 Stat. 2102); and the treaty
between the United States and Canada, signed February 27, 1950;
including services as authorized by 5 U.S.C. 3109; //1 UST 694.// hire
of passenger motor vehicles; $1,576,000, to be disbursed under the
direction of the Secretary of State and to be available also for
additional expenses of the American Sections, International Commissions,
as hereinafter set forth:
International Joint Commission, United States and Canada, the salary
of the Commissioners on the part of the United States who shall serve at
the pleasure of the President; salaries of clerks and other employees
appointed by the Commissioners on the part of the United States with the
approval solely of the Secretary of State; travel expenses and
compensation of witnesses in attending hearings of the Commission at
such places in the United States and Canada as the Commission or the
American Commissioners shall determine to be necessary; and special and
technical investigations in connection with matters falling within the
Commission's jurisdiction: Provided, That transfers of funds may be
made to other agencies of the Government for the performance of work for
which this appropriation is made.
International Boundary Commission, United States and Canada, the
completion of such remaining work as may be required under the award of
the Alaskan Boundary Tribunal and the existing treaties between the
United States and Great Britain; commutation of subsistence to
employees while on field duty at not to exceed the authorized prevailing
daily rate; hire of freight and passenger motor vehicles from temporary
field employees; and payment for timber necessarily cut in keeping the
boundary line clear.
For " American sections, international commissions" for the period
July 1, 1976, through September 30, 1976, $450,000.
For expenses, not otherwise provided for, necessary to enable the
United States to meet its obligations in connection with participation
in international fisheries commissions pursuant to treaties or
conventions, and implementing Acts of Congress, $4,730,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions.
For " International fisheries commissions" for the period July 1,
1976, through Septmeber 30, 1976, $1,560,000.
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to carry out the functions of the Department of State
under the provisions of the Mutual Educational and Cultural Exchange Act
of 1961, as amended (22 U.S.C. 2451 - 2458), and the Act of August 9,
1939 (22 U.S.C. 501), including expenses authorized by the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 - 1158); expenses of the
National Commission on Educational, Scientific, and Cultural Cooperation
as authorized by sections 3, 5, and 6 of the Act of July 30, 1946 (22
U.S.C. 287o, 287q, 287r); hire of passenger motor vehicles; not to
exceed $12,000 for representation expenses; not to exceed $1,000 for
official entertainment within the United States; services as authorized
by 5 U.S.C. 3109; and advance of funds notwithstanding section 3648 of
the Revised Statutes, as amended (31 U. S.C. 529); $60,000,000, of
which not less than $2,000,000 shall be used for payment in foreign
currencies which the Treasury Department determines to be excess to the
normal requirements of the United States: Provided, That not to exceed
$3,521,000 may be used for administrative expenses during the current
fiscal year.
For " Mutual educational and cultural exchange activities" for the
period July 1, 1976, through September 30, 1976, $13,000,000: Provided,
That not to exceed $3,000 may be used for representation expenses and
not to exceed $250 may be used for official entertainment within the
United States.
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, //22 USC 2054 note.// by grant to any
appropriate agency of the State of Hawaii, $9,000,000: Provided, That
none of the funds appropriated herein shall be used to pay any salary,
or to enter into any contract providing for the payment thereof, in
excess of the highest rate authorized in the General Schedule of the
Classification Act of 1949, //5 USC 5332 note.// as amended.
For " Center for Cultural and Technical Interchange Between East and
West" for the period July 1, 1976, through September 30, 1976,
$2,350,000.
For payments in Japanese currency from amounts paid into United
States accounts by the Government of Japan pursuant to Article V of the
Agreement between the United States of America and Japan concerning the
settlement of post-war economic assistance signed at Tokyo, January 9,
1962, and the exchange of notes of the same date (13 U.S.T. 1957; T.I.
A.S. 5154), amounts to be determined at such times as the funds may be
required for activities authorized by the Mutual Educational and
Cultural Exchange Act of 1961 //22 USC 2451 note.// , as amended, to
remain available until expended, including utilization for purposes of
the grant of any interest earned by the Japanese grantees on funds made
available to them, excepting such amounts as may be required by law to
be applied to United States participation in the International Ocean
Exposition to be held at Okinawa, Japan.
Sec. 102. Appropriations under this title for " Salaries and
expenses", " International conferences and contingencies", and "
Missions to international organizations" are available for reimbursement
of the General Services Administration for security guard services for
protection of confidential files.
Sec. 103. None of the funds appropriated in this title shall be used
(1) to pay the United States contribution to any international
organization which engages in the direct or indirect promotion of the
principle or doctrine of one world government or one world citizenship;
(2) for the promotion, direct, or indirect, of the principle or doctrine
of one world government or one world citizenship.
Sec. 104. It is the sense of the Congress that any new Panama Canal
treaty or agreement must protect the vital interests of the United
States in the Canal Zone and in the operation, maintenance, property and
defense of the Panama Canal.
This title may be cited as the " Department of State appropriation
Act, 1976".
For expenses necessary for the administration of the Department of
Justice, including hire of passenger motor vehicles; not to exceed
$2,500 for official reception and representation expenses; and
miscellaneous and emergency expenses authorized or approved by the
Attorney General or the Assitant Attorney General for Administration;
$21,048,000, of which $2,044,000 is for the Watergate Special
Prosecution Force.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976; not to exceed $625 for official reception and
representation expenses; $5,223,000.
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including miscellaneous and
emergency expenses authorized or approved by the Attorney General or the
Assistant Attorney General for Administration; not to exceed $30,000
for expenses of collecting evidence, to be expended under the direction
of the Attorney General and accounted for solely on his certificate;
and advances of public moneys pursuant to law (31 U.S.C. 529);
$60,220,000: Provided, That not to exceed $125,000 may be transferred
to this appropriation from the " Alien Property Fund, World War II", for
the general administrative expenses of alien property activities,
including rent of private or Government-owned space in the District of
Columbia.
For " Salaries and expenses, general legal activities" for the period
July 1, 1976, through September 30, 1976, $14,900,000: Provided, That
not to exceed $31,000 may be transferred to this appropriation from the
" Alien Property Fund, World War II" for this period.
For expenses necessary for the enforcement of antitrust, consumer
protection and kindred laws, $21,595,000: Provided, That none of this
appropriation shall be expended for the establishment and maintenance of
permanent regional offices of the Antitrust Division.
For " Salaries and expenses, Antitrust Division" for the period July
1, 1976, through September 30, 1976, $5,600,000.
For necessary expenses of the offices of the United States attorneys
and marshals, including purchase of firearms and ammunition,
$142,300,000.
For " Salaries and expenses, United States attorneys and marshals"
for the period July 1, 1976, through September 30, 1976, $36,100,000.
For expenses, mileage, and per diems of witnesses and for per diems
in lieu of subsistence, as authorized by law, for payment of
compensation and expenses of Commissioners appointed in condemnation
cases under Rule 71 A(h) of the Federal Rules of Civil Procedure, //28
USC app.// and not to exceed $1,750,000 for such compensation and
expenses of expert witnesses pursuant to section 524 of title 28, United
States Code, and sections 4244 - 48 of title 18, United States Code,
including advances; $16,480,000: Provided, That no part of the sum
herein appropriated shall be used to pay any witness more than one
attendance fee for any one calendar day: Provided further, That no part
of the sum herein appropriated shall be used for the payment of the
compensation of land commissioners at a daily rate in excess of the
equivalent daily rate of compensation paid a grade 18 on the General
Schedule. //5 USC 5332 note.//
For " Fees and expenses of witnesses" for the period July 1, 1976,
through September 30, 1976, and not to exceed $437,500 for such
compensation and expenses of expert witnesses pursuant to section 524 of
title 28, United States Code, and sections 4244 - 48 of title 18, United
States Code, including advances, $4,000,000.
For necessary expenses of the Community Relations Service established
by title X of the Civil Rights Act of 1964 (42 U.S.C. 2000g-2000g-2),
$3,940,000.
For " Salaries and expenses, Community Relations Service" for the
period July 1, 1976, through September 30, 1976, $985,000.
For expenses necessary for the detection and prosecution of crimes
against the United States; protection of the person of the President of
the United States; acquisition, collection, classification and
preservation of identification and other records and their exchange
with, and for the official use of, the duly authorized officials of the
Federal Government, of States, cities, and other institutions, such
exchange to be subject to cancellation if dissemination is made outside
the receiving departments or related agencies; and such other
investigations regarding official matters under the control of the
Department of Justice and the Department of State as may be directed by
the Attorney General, including purchase for police-type use without
regard to the general purchase price limitation for the current fiscal
year (not to exceed one thousend three hundred and sixty-five, of which
one thousand one hundred and twenty-two shall be for replacement only)
and hire of passenger motor vehicles; purchase, lease, hire,
maintenance, operation and storage of aircraft; firearms and
ammunition; not to exceed $10,000 for taxicab hire to be used
exclusively for the purposes set forth in this paragraph; payment of
rewards; benefits in accordance with those provided under 22 U.S.C.
1136 (9)-(11), under regulations prescribed by the Secretary of State;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of the
Attorney General, and to be accounted for solely on his certificate;
$468,700,000.
None of the funds appropriated for the Federal Bureau of
Investigation sahll be used to pay the compensation of any civil-service
employee.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $124,000,000.
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including advance of cash to
aliens for meals and lodging while en route; payment of allowances (at
a rate not in excess of $1 per day) to aliens, while held in custody
under the immigration laws, for work performed; payment of rewards;
not to exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of the Attorney General
and accounted for solely on his certificate; purchase for police-type
use without regard to the general purchase price limitation for the
current fiscal year (not to exceed four hundred and thirty-eight, of
which three hundred and forty-four shall be for replacement only) and
hire of passenger motor vehicles; purchase (not to exceed five, for
replacement only), lease, maintenance and operation of aircraft;
fire-arms and ammunition, attendance at firearms matches; refunds of
head tax, maintenance bills, immigration fines, and other items properly
returnable, except deposits of aliens who become public charges and
deposits to secure payment of fines and passage money; operation,
maintenance, remodeling, and repair of buildings and the purchase of
equipment incident thereto; acquisition of land as sites for
enforcement fence and construction incident to such fence;
reimbursement of the General Services Administration for security guard
services for protection of confidential files; research related to
immigration enforcement; $208,000,000, of which not to exceed $400,000
shal remain available for such research until expended: Provided, That
of the amount herein appropriated, not to exceed $50,000 may be used for
the emergency replacement of aircraft upon certificate of the Attorney
General. For " Salaries and expenses" for the period July 1, 1976,
through September 30, 1976, $52,700,000.
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
supervision of United States prisoners in non-Federal institutions;
purchase of (not to exceed twenty-seven of which twenty-two are for
replacement only), and hire of passenger motor vehicles; compilation of
statistics relating to prisoners in Federal penal and correctional
institutions; assistance to State and local governments to improve
their correctional system; firearms and ammunition; medals and other
awards; payment of rewards; purchase and exchange of farm products and
livestock; construction of buildings at prison camps; and acquisition
of land as authorized by section 4010 of title 18, United States Code
//42 USC 250a.// ; $186,200,000: Provided, That there may be
transferred to the Health Services Administration such amounts as may be
necessary, in the discretion of the Attorney General, for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions.
For " Salaries and expenses, Bureau of Prisons" for the period July
1, 1976, through September 30, 1976, $48,000,000.
For planning, acquisiton of sites and construction of new facilities
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$12,560,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
For " Buildings and facilities" for the period July 1, 1976, through
September 30, 1976, $4,395,000.
For support of United States prisoners in non-Federal institutions,
including necessary cothing and medical aid, payment of rewards, and
reimbursement to St. Elizabeths Hospital for the care and treatment of
United States prisoners, at per diem rates as authorized by law (24 U.
S.C. 168a), $31,875,000.
For " Support of United States prisoners" for the period July 1,
1976, through September 30, 1976, $8,466,000.
The Federal Prison Industries, Incorporated is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, 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, including
purchase of not to exceed five (for replacement only) and hire of
passenger motor vehicles, except as hereinafter provided:
Not to exceed $1,906,000 of the funds of the corporation shall be
available for its administrative expenses, and not to exceed $5,120,000
for the expenses of vocational training of prisoners, both amounts to be
available for services as authorized by 5 U.S.C. 3109, and to be
computed on an accrual basis and to be determined in accordance with the
corporation's prescribed accounting system in effect on July 1, 1946,
and shall be exclusive of depreciation, payment of claims, expenditures
which the said accounting system requires to be capitalized or charged
to cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
dispostion of facilities and other property belonging to the corporation
or in which it has an interest.
For the period July 1, 1976, through September 30, 1976, not to
exceed $524,000 of the funds of the corporation shall be available for
its administrative expenses, and not to exceed $1,331,000 shall be
available for the expenses of vocational training of prisoners, both
amounts to be available on the same basis as such funds were made
available in fiscal year 1976.
For grants, contracts, loans, and other assistance authorized by
title I of the Omnibus Crime Control and Safe Streets Act of 1968, //42
USC 3701.// as amended, and title II of the Juvenile Justice and
Delinquency Prevention Act of 1974, //42 USC 5611.// including
departmental salaries and other expenses in connection therewith,
$809,638,000, to remain available until expended.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $204,960,000, to remain available until expended.
For necessary expenses of the Drug Enforcement Administration,
including hire of passenger motor vehicles; payment in advance for
special tests and studies by contract; not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be expended under
the direction of the Attorney General, and to be accounted for solely on
his certificate; purchase of not to exceed four hundred fifty-three
passenger motor vehicles (of which four hundred forty-two are for
replacement only) for police-type use without regard to the general
purchase price limitation for the current fiscal year; payment of
rewards; payment for publication of technical and informational
material in professional and trade journals; purchase of chemicals,
apparatus, and scientific equipment; payment for necessary
accommodations in the District of Columbia for conferences and training
activities; acquisition (purchase of one), lease, maintenance, and
operation of aircraft; employment of aliens by contract for services
abroad; research related to enforcement and drug control; benefits in
accordance with those provided under 22 U.S.C. 1136(9)-(11), under
regulations prescribed by the Secretary of State; $149,859,000, of
which not to exceed $4,500,000 for research shall remain available until
expended.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $41,758,000.
Sec. 202. None of the funds appropriated by this title may be used to
pay the compensation of any person hereafter employed as an attorney
(except foreign coundsel employed in special cases) unless such person
shall be duly licensed and authorized to practice as an attorney under
the laws of a State, territory, or the District of Columbia.
Sec. 203. Appropriations and authorizations made in this title which
are available for expenses of attendance at meetings shall be expended
for such purposes in accordance with regulations prescribed by the
Attorney General.
Sec. 204. Appropriations and authorizations made in this title for
salaries and expenses shall be available for services as authorized by 5
U.S.C. 3109.
Sec 205. Appropriations for " Salaries and expenses, general
administration", " Salaries and expenses, United States attorneys and
marshals", " Salaries and expenses, Federal Bureau of Investigation", "
Salaries and expenses, Immigration and Naturalization Service", and "
Salaries and expenses, Bureau of Prisons", shall be available for
uniforms and allowances therefor as authorized by law (5 U.S.C. 5901 -
5902).
Sec. 206. Appropriations made in this title shall be available for
the purchase of insurance for motor vehicles operated on official
Government business in foreign countries.
Sec. 207. Appropriations made available for the period July 1, 1976,
through September 30, 1976, shall be available for the purchase (for
replacement purposes only) of one-fouth of the number of motor vehicles
authorized for each appropriation in the Department of Justice
Appropriation Act, 1976.
Sec. 208. None of the amounts appropriated for the period July 1,
1976, through September 30, 1976, shall be available for the purchase of
aircraft: Provided, That of the amount herein appropriated not to
exceed $50,000 may be used for the emergency replacement of aircraft
upon the certificate of the Attorney General.
This title may be cited as the " Department of Justice Appropriation
Act, 1976".
For expenses necessary for the general administration of the
Department of Commerce, including not to exceed $1,500 for official
entertainment, $12,580,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $375 for official
entertainment, $3,145,000.
For expenses necessary to carry out the demolition of the New York
World's Fair Building, $530,000, to remain available until expended.
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, and
modernization or development of automatic data processing equipment,
$52,090,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $13,540,000.
For expenses necessary to prepare for taking, compiling, and
publishing the censuses of business, transportation, manufactures, and
mineral industries; the census of governments; the census of
agriculture; the census of population and housing; and periodic
surveys, as provided for by law, $27,000,000, to remain available until
expended.
For " Periodic censuses and programs" for the period July 1, 1976,
through September 30, 1976, $8,200,000, to remain available until
expended.
For economic development assistance as authorized by titles I, II,
III, IV, and IX of the Public Works and Economic Development Act of
1965, //42 USC 3131, 3141, 3151, 3161, 3241.// as amended, and title II
of the Trade Act of 1974, //19 USC 2251.// $360,000,000.
For " Economic development assistance programs" for the period July
1, 1976, through September 30, 1976, $89,625,000.
For necessary expenses of administering the economic development
assistance programs, not otherwise provided for, $25,378,000, of which
not to exceed $300,000 may be advanced to the Small Business
Administration for processing of loan applications.
For " Administration of economic development assistance programs" for
the period July 1, 1976, through September 30, 1976, $6,375,000, of
which not to exceed $75,000 may be advanced to the Small Business
Administration for processing of loan applications.
For expenses necessary to carry out the programs authorized by title
V of the Public Works and Economic Development Act of 1965, //42 USC
3181.// as amended, $63,068,000, to remain available until expended.
For " Regional development programs" for the period July 1, 1976,
through September 30, 1976, $15,760,000, to remain available until
expended.
For necessary expenses of domestic business activities of the
Department of Commerce; necessary expenses for international business
activities, including trade promotional activities abroad without regard
to the provisions of law set forth in 41 U.S.C 5 and 13, and 44 U.S.C.
501, 3702, and 3703; full medical coverage for dependent members of
immediate families of employees stationed overseas; purchase of
commercial and trade reports; employment of aliens by contract for
services abroad; rental of space abroad, for periods not exceeding five
years, and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; advance of funds under contracts abroad; payment of tort
claims, in the manner authorized in the first paragraph of 28 U.S. C.
2672 when such claims arise in foreign countries; and not to exceed
$4,200 for official representation expenses abroad; necessary expenses
to carry out the provisions of the Defense Production Act of 1950, as
amended; and necessary expenses for carrying out the Export
Administration Act of 1969, //50 USC app. 2061 note.// as amended and
extended by the Equal Export Opportunity Act, //50 USC app. 2401 note.//
inclucing awards of compensation to informers under said Act and as
authorized by 22 U.S.C. 401(b); $61,205,000, to remain available until
expended, of which not to exceed $600,000 may be advanced to the United
States Customs Service, Treasury Department, for enforcement of the
export administration program: Provided, That the provisions of the
first sentence of section 105 (f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455 (f)
and 2458(c)) shall apply in carrying out the activities concerned with
international business activities.
For " Operations and administration" for the period July 1, 1976,
through September 30, 1976, including $1,050 for representation expenses
abroad, $15,250,000, to remain available until expended.
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, $49,850,000, of
which $38,470,000 shall remain available until expended: Provided, That
not to exceed $11,380,000 shall be available for program development and
management.
For " Minority business development" for the period July 1, 1976,
through September 30, 1976, $12,463,000, of which $9,618,000 shall
remain available until expended: Provided, That not to exceed
$2,845,000 shall be available for program development and management.
For necessary expenses to carry out the provisions of the
International Travel Act of 1961 //22 USC 2121 note.// , as amended,
including employment of aliens by contract for service abroad; rental
of space abroad, for periods not exceeding five years, and expenses of
alteration, repair, or improvement; advance of funds under contracts
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28 of the United States Code, when
such claims arise in foreign countries; and not to exceed $3,500 for
representation expenses abroad; and for necessary expenses to carry out
the provisions of the Act of July 19, 1940, //16 USC 18 - 18d.// as
amended, $12,815,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $875 for representation
expenses abroad, $3,204,000.
For expenses necessary for the National Oceanic and Atmospheric
Administration, including research and development; testing and
evaluation of new operational systems and equipment; including
maintenance, operaton, and hire of aircraft; acquisition and
installation of research instrumentation; expenses of an authorized
strength of 388 commissioned officers on the active list; pay of
commissioned officers retired in accordance with law and payments under
the Retired Serviceman's Family Protection and the Survivors Benefit
plans // 10 USC 1431.// observation of environmental conditions from
space satellites, and reporting and processing of the data obtained for
use in enviromental forcasting; and construction of facilities,
including initial equipment; alteration, modernization, and relocation
of facilities; and acquisition of land for facilities; and for
carrying out the provisions of the Fur Seal Act of 1966 //16 USC 1151
note.// ; $495,162,000, to remain available until expended, of which so
much as may become available during the current fiscal year shall be
derived from the Pribilof Islands Fund: Provided, That this
appropriation shall be available for payment to the National Aeronautics
and Space Administration for procurement, in accordance with the
authority available to that Administration, of such equipment or
facilities as may be necessary, for the purposes of this appropriation:
Provided further, That all obligated, unliquidated balances of the
Administration of Pribilof Islands account shall be merged with this
appropriation.
For " Operations, research, and facilities" for the period July 1,
1976, through September 30, 1976, $136,000,000, to remain available
until expended.
For carrying out the provisions of Public Law 92 - 583, approved
October 27, 1972, $18,000,000, to remain available until expended. //16
USC 1451 note.//
For " Coastal zone management" for the period July 1, 1976, through
September 30, 1976, $4,500,000, to remain available until expended.
For payment to the Fishermen's Guaranty Fund, established pursuant to
the Act of August 12, 1968 //22 USC 1971 note.// (82 Stat. 729),
$61,000, to remain available until expended.
For " Fishermen's guaranty fund" for the period July 1, 1976, through
September 30, 1976, $15,000, to remain available until expended.
For expenses necessary for the National Oceanic and Atmospheric
Administration for planning the construction of facilities, $1,000,000,
to remain available until expended.
For expenses necessary to carry out provisions of the Federal Fire
Prevention and Control Act of 1974, //15 USC 2201 note.// $8,618,000, to
remain available until expended: Provided, That no part of the
appropriation shall be available for the Federal Fire Council subsequent
to enactment of this legislation.
For " Operations, research, and administration" for the period July
1, 1976, through September 30, 1976, $2,225,000, to remain available
until expended.
For necessary expenses of the Patent and Trademark Office, including
defense of suits instituted against the Commissioner of Patents and
Trademarks, $83,300,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $20,840,000.
For necessary expenses of the National Bureau of Standards, including
the acquisition of buildings, grounds, and other facilities; the
National Technical Information Service; and telecommunications research
and development activities of the Department of Commerce; $63,004,000,
to remain available until expended, of which not to exceed $2,085,000
may be transferred to the " Working Capital Fund", National Bureau of
Standards, for additional capital.
For " Scientific and technical research and services" for the period
July 1, 1976, through September 30, 1976, $16,128,000, to remain
available until expended, of which not to exceed $475,000 may be
transferred to the " Working Capital Fund", National Bureau of
Standards, for additional capital.
For construction-differential subsidy and cost of national-defense
features incident to construction of ships for operation in foreign
commerce (46 U.S.C. 1152, 1154); for construction-differential subsidy
and cost of national-defense features incident to the reconstruction and
reconditioning of ships under title V of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 1154); and for acquisition of used ships pursuant
to section 510 of the Merchant Marine Act, 1936, as amended (46 U.S.C.
1160); $195,000,000, to remain available until expended.
For " Ship construction" for the period July 1, 1976, through
September 30, 1976, $18,000,000, to remain available until expended.
For the payment of obligations incurred for operating-differential
subsidies granted on or after January 1, 1947, as authorized by the
Merchant Marine Act, 1936, //46 USC 1245.// as amended, and in
appropriations heretofore made to the United States Maritime Commission,
$315,936,000, to remain available until expended.
For " Operating-differential subsidies (liquidation of contract
authority)" for the period July 1, 1976, through September 30, 1976,
$70,582,000, to remain available until expended.
For expenses necessary for research, development, fabrication, and
test operation of experimental facilities and equipment; collection and
dissemination of maritime technical and engineering information;
studies to improve water transportation systems; $12,000,000, to remain
available until expended.
For "research and development" for the period July 1, 1976, through
September 30, 1976, $4,000,000, to remain available until expended.
For expenses necessary for carrying out the Merchant Marine Act,
1936, as amended, and the training of cadets as officers of the Merchant
Marine, including not to exceed $1,125 for entertainment of officials of
other countries when specifically authorized by the Maritime
Administrator; not to exceed $1,250 for representation allowances; not
to exceed $2,500 for contingencies for the Superintendent, United States
Merchant Marine Academy to be expended in his discretion; purchase of
not to exceed one passenger motor vehicle for replacement only; and
uniform and textbook allowances for cadet midshipmen at the United
States Merchant Marine Academy at an average yearly cost of not to
exceed $575 per cadet; $45,000,000, to remain available until expended;
Provided, That reimbursement may be made to this appropriation for
expenses in support of activities for National Maritime Research Centers
financed from the appropriation for " Research and development":
Provided further, That reimbursements may be made to this appropriation
from receipts to the " Federal ship financing fund" for administrative
expenses in support of that program.
For " Operations and training" for the period July 1, 1976, through
September 30, 1976, including not to exceed $300 for entertainment of
officials of other countries when specificially authorized by the
Marintime Administrator; not to exceed $300 for representation
allowances; and not to exceed $625 for contigencies for the
Superintendent, United States Merchant Marine Academy to be expended in
his discretion; $11,280,000, to remain available until expended.
No additional vessel shall be allocated under charter, nor shall any
vessel be continued under charter by reason of any extension of
chartering authority beyond June 30, 1949, //50 USC app. 1738b.// unless
the charterer shall agree that the Marintime Administration shall have
no obligation upon redelivery to accept or pay for consumable stores,
bunkers, and slopchest items, except with respect to such minimum
amounts of bunkers as the Maritime Administration considers advisable to
be retained on the vessel and that prior to such redelivery all
consumable stores, slopchest items, and bunkers over and above such
minimums shall be removed from the vessel by the charterer at his own
expense.
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration and payments received by the Maritime Administration for
utilities, services, and repairs so furnished or made shall be credited
to the appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy on account
of items other than such utilities, services, or repairs shall be
covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year and
the period July 1, 1976, through September 30, 1976, from the
construction fund extablished by the Merchant Marine Act, 1936, //46 USC
1116.// or otherwise, in excess of the appropriations and limitations
contained in this Act, or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Sec. 302. During the current fiscal year and the period July 1, 1976,
through September 30, 1976, applicable appropriations and funds
available to the Department of Commerce shall be available for the
activities specified in the Act of October 26, 1949 (15 U.S.C 1514), to
the extent and in the manner prescribed by said Act.
Sec. 303. During the current fiscal year and the period July 1, 1976,
through September 30, 1976, appropriations to the Department of Commerce
which are available for salaries and expenses shall be available for
hire of passenger motor vehicles; services as authorized by 5 U.S.C.
3109; and uniforms, or allowances therefor, as authorized by law (5
U.S.C. 5901 - 5902).
Sec. 304. No part of any appropriation contained in this title shall
be used for construction of any ship in any foreign country.
This title may be cited as the " Department of Commerce Appropriation
Act, 1976".
For the Chief Justic and eight Associate Justices, and all other
officers and employees, whose compensation shall be fixed by the Court,
except as otherwise provede by law, and who may be employed and assigned
by the Chief Justice to any office or work of the Court, $5,056,000.
For " Salaries" for the period July 1, 1976, through September 30,
1976, $1,314,000.
For printing and binding the advance opinions, preliminary prints,
and bound reports of the Court, $706,000.
For miscellaneous expenses, to be expended as the Chief Justice must
approve, $737,000.
For " Miscellaneous expenses" for the period July 1, 1976, through
September 30, 1976, $178,000.
For purchase, exchange, lease, driving, maintenance, and operation of
an automobile for the Chief Justice of the United States, $19,000.
For " Automobile for the Chief Justice" for the period July 1, 1976,
through September 30, 1976, $4,700.
For books and periodicals for the Supreme Court to be purchased by
the Librarian of the Supreme Court, under the direction of the Cheif
Justice, $63,000.
For " Books for the Supreme Court" for the period July 1, 1976,
through September 30, 1976, $15,800.
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), including improvements, maintenance,
repairs, equipment, supplies, materials, and appurtenances; special
clothing for workmen; and personal and other services (including
temporary labor without reference to the Classification and Retirement
Acts, as amended), //5 USC 5101 et seq., 8331 et seq.// and for snow
removal by hire of men and equipment or under contract without
compliance with section 3709 of the Revised Statutes, as amended (41
U.S.C. 5); $1,429,000, of which $800,000 shall remain available until
expended.
For " Care of the building and grounds" for the period July 1, 1976,
through September 30, 1976, $195,500.
For salaries of the chief judge, four associate judges, and all other
officers and employees of the court, and necessary expenses of the
court, including exchange of books, and traveling expenses, as may be
approved by the chief judge, $853,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $213,000.
For salaries of the chief judge and eight judges; salaries of the
officers and employees of the court; services as authorized by 5 U.S.
C. 3109; and necessary expenses of the court, including exchange of
books and traveling expenses, as may be approved by the court;
$2,587,000: Provided, That traveling expenses of judges of the Customs
Court shall be paid upon written certificate of the judge.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $645,000.
For salaries of the chief judge, six associate judges, and all other
officers and employees of the court, and for other necessary expenses,
including stenographic and other fees and charges necessary in the
taking of testimony, and travel, $2,429,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $597,000.
For salaries of circuit judges; district judges (including judges of
the district courts of the Virgin Islands, the Panama Canal Zone, and
Guam); justices and judges retired or resigned under title 28, United
States Code, sections 371, 372, and 373; and annuities of widows of
Justices of the Supreme Court of the United States in accordance with
title 28, United States Code, section 375; $28,750,000.
For " Salaries of judges" for the period July 1, 1976, through
September 30, 1976, $7,230,000.
For salaries of all officials and employees of the Federal Judiciary,
not otherwise specifically provided for, $117,075,000: //28 USC 604
note.// Provided, That the salaries of secretaries to circuit and
district judges shall not exceed the compensation established in chapter
51 of title 5, United States Code, for General Schedule grade (GS) 5, 6,
7, 8, 9, or 10, and that the salaries of law clerks to circuit and
district judges shall not exceed the compensation established in chapter
51 of title 5, United States Code, for General Schedule grade (GS) 7, 8,
9, 10, 11, or 12, // 5 USC 5101, 5332 note.// : Provided further, //28
USC 604 note.// That (exclusive of step increases corresponding with
those provided for by chapter 53 of title 5 of the United States Code,
// 5 USC 5301.// and of compensation paid for temporary assistance
needed because of an emergency) the aggregate salaries paid to
secretaries and law clerks appointed by each of the circuit and district
judges shall not exceed $60,902 and $36,921 per annum, respectively,
except in the case of the chief judge of each circuit and the chief
judge of each district court having five or more district judges, in
which case the aggregate salaries shall not exceed $75,019 and $47,441
per annum, respectively; Provided further, That the chief judge of each
circuit may appoint a senior law clerk to the court at not more than
$30,000 per annum, without regard to the limitations referred to above,
said salary to be paid from this appropriation and be set by the
Judicial Council of the Circuit, which Council shall also prescribe the
duties and qualification of the position.
For " Salaries of supporting personnel" for the period July 1, 1976,
through September 30, 1976, $29,700,000.
For the operation of Federal Public Defender and Community Defender
organizations, and the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964 (18 U.S.C. 3006 A, as amended by Public Law 91 - 447, October
14, 1970), $16,590,000.
For " Representation by court-appointed counsel and operation of
defender organizations" for the period July 1, 1976, through September
30, 1976, $4,148,000.
For fees, expenses, and costs of jurors; and compensation of jury
commissioners; $18,000,000.
For " Fees of jurors" for the period July 1, 1976, through September
30, 1976, $4,500,000.
For necessary travel and miscellaneous expenses, not otherwise
provided for, incurred by the Judiciary, including the purchase of
firearms and ammunition, $20,040,000.
For " Travel and miscellaneous expenses" for the period July 1, 1976,
through September 30, 1976, $4,883,000.
For compensation and expenses of United States Magistrates, including
secretarial and clerical assistance, as authorized by 28 U.S. C. 634 -
635, $10,510,000.
For " Salaries and expenses of United States magistrates" for the
period July 1, 1976, through September 30, 1976, $2,594,000.
For salaries and expenses of referees as authorized by the Act of
June 28, 1946, as amended (11 U.S.C. 68, 102), not to exceed
$24,096,000, to be derived from the Referees' salary and expense fund
established in pursuance of said Act, and, to the extent of any
deficiency in said fund, from any monies in the Treasury not otherwise
appropriated: Provided, That $600,000 shall be transferred to the
appropriation for " Administrative Office of the United States Courts"
for general administrative expense of the bankruptcy system.
For " Salaries and expenses of referees" for the period July 1, 1976,
through September 30, 1976, $6,008,000: Provided, That $150,000 shall
be transferred to the appropriation for " Administrative Office of the
United States Courts" for general administrative expense of the
bankruptcy system.
For necessary expenses of the Administrative Office of the United
States Courts, including travel, advertising, and rent in the District
of Columbia and elsewhere, $7,233,000: Provided, That not to exceed
$120,000 of the appropriations contained in this title shall be
available for the study of rules of practice and procedure.
For " Administrative Office of the United States Courts" for the
period July 1, 1976, through September 30, 1976, $1,823,000.
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90 - 219, //28 USC 620.// $6,565,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,721,000.
For the rental of space, tenant alterations, and related services for
the United States Courts of Appeals and District Courts, the court of
Cutoms and Patent Appeals, the Customs Court, the Court of Claims, the
Administrative Office of the United States Courts and the Federal
Judicial Center, pursuant to the Public Buildings Amendments of 1972,
//40 USC 603 note.// Public Law 92 - 313, June 16, 1972 (86 Stat. 216),
$64,000,000, to be available for transfer to the General Service
Administration which shall be responsible for administering the program
in compliance with standards or guidelines prescribed by the Director of
the Administrative Office of the United States Courts under the
supervision and direction of the Judicial Conference of the United
States.
For " Space and facilities" for the period July 1, 1976, through
September 30, 1976, $16,000,000.
For necessary expenses, not otherwise provided for, to provide
furniture and furnishings for the United States Courts, including the
Administrative Office of the United States Courts and the Federal
Judicial Center, $4,570,000, to be available for transfer to the General
Services Administration which shall be responsible for administering the
program in compliance with standards or guidelines prescribed by the
Director of the Administrative Office of the United States Courts under
the supervision and direction of the Judicial Conference of the United
States.
For " Furniture and furnishings" for the period July 1, 1976, through
September 30, 1976, $425,000.
For expenses to be incurred by the Judiciary in the observance of the
American Revolution Bicentennial, $2,000,000, which sum shall be
available for allocation by the Administrative Office of the United
States Courts to the respective United States courts of appeals and
district courts and for programs or projects conducted on a national
level, to remain available until expended.
Sec. 402. The reports of the United States Court of Appeals for the
District of Columbia shall not be sold for a price exceeding that
approved by the court and for not more than $9.00 per volume. //d.c.
code 11 - 301 note.//
This title may be cited as the " Judiciary Appropriation Act, 1976".
For necessary expenses, not otherwise provided for, for arms control
and disarmament activities authorized by the Act of September 26, 1961,
as amended (22 U.S.C. 2551 et seq.), $10,500,000.
For " Arms control and disarmament activities" for the period July 1,
1976, through September 30, 1976, $2,700,000.
For expenses of the Board for International Broadcasting, including
grants to Radio Free Europe and Radio Liberty, $64,500,000.
For " Grants and expenses" for the period July 1, 1976, through
September 30, 1976, $17,968,000.
Rights, including hire of passenger motor vehicles, $7,700,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,925,000.
For necessary expenses of the Equal Employment Opportunity Commission
established by title VII of the Civil Rights Act of 1964, //42 USC
2000e.// as amended, including services as authorized by 5 U. S.C.
3109; hire of passenger motor vehicles; and not to exceed $6,000,000
for payments to State and local agencies for services to the Commission
prusuant to title VII of the Civil Rights Act, as amended; $63,040,000.
For " Salaries and Expenses" for the period July 1, 1976, through
September 30, 1976, $18,290,000.
For necessary expenses for the Federal Communications commission, as
authorized by law, including uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902); not to exceed $353,000 for
land and structures; not to exceed $65,000 for improvement and care of
grounds and repair to buildings; not to exceed $1,500 for official
reception and representation expenses; pruchase (not to exceed eight)
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $49,500,000: Provided, That not to exceed
$500,000 of the foregoing amount shall remain available until September
30, 1977, for research and policy studies.
For "salaries and Expenses", including the hire of motor vehicles,
and not to exceed $375 for official reception and representation
expenses, for the period July 1, 1976, through September 30, 1976;
$12,325,000.
For necessary expenses of the Federal Maritime Commission, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.
C. 5901 - 5902; $7,840,000: Provided, That not to exceed $1,500 shall
be available for official reception and representation expenses.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,960,000: Provided, That not to exceed $375 shall
be available for official reception and representation expenses.
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $1,500 for official reception and
representation expenses; $45,927,000.
No part of these funds may be used to pay the salary of any employee,
including commissioners, of the Federal Trade Commission who--,
(1) makes any publication based on the line-of-business data
furnished by individual firms without taking reasonable
precautions to prevent disclosure of the line-of-business data
furnished by any particular firm; or
(2) permits anyone other than sworn officers and employees of
the Federal Trade Commission to examine the line-of-business
reports from individual firms; or
(3) uses the information provided in the line-of-business
program for any purpose other than statistical purposes. Such
information for carrying out specific law enforcement
responsbilities of the Federal Trade Commission shall be obtained
under existing practices and procedures or as changed by law.
For " Salaries and expenses", including $375 for official reception
and representation expenses, for the period July 1, 1976, through
September 30, 1976, $12,000,000.
For expenses necessary to carry on the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5 U.
S.C. 3109; allowances and benefits similar to those provided by title
IX of the Foreign Service Act of 1946, //22 USC 1131.// as amended, as
determined by the Commission; expenses of packing, shipping, and
storing personal effects of personnel assigned abroad; rental or lease,
for such periods as may be necessary, of office space and living
quarters for personnel assigned abroad; maintenance, improvement, and
repair of properties rented or leased abroad, and furnishing fuel,
water, and utilities of such properties; insurance on official motor
vehicles abroad; advances of funds abroad; advances or reimbursements
to other Government agencies for use of their facilities and services in
carrying out the functions of the Commission; hire of motor vehicles
for field use only; and employment of aliens; $1,400,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $375,000.
For necessary expenses of the International Trade Commission, not to
exceed $200,000 for expenses of travel, hire of passenger motor
vehicles, and services as authorized by 5 U.S.C. 3109, $10,400,000:
Provided, That no part of this appropriation shall be used to pay the
salary of any member of the International Trade Commission who shall
hereafter participate in any proceedings under sections 336, 337, and
338 of the Tariff Act of 1930, //19 USC 1336, 1337, 1338.// wherein he
or any member of his family has any special, direct, and pecuniary
interest, or in which he has acted as attorney or special
representative: Provided further, That no part of the foregoing
appropriation shall be used for making any special study, investigation,
or report at the request of any other agency of the executive branch of
the Government unless reimbusement is made for the cost thereof.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $50,000 for expenses of
travel; hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109; $2,675,000.
To enable the Community Services Administration to make payment to
the Legal Service Corporation to carry out the purposes of the Legal
Services Corporation Act of 1974 //42 USC 2996 note.// (P.L. 93 - 355),
$88,000,000, of which such sums as may be necessary shall be available
to the Community Services Administration to pay obligations incurred in
carrying out Section 3 of said Act.
For " Legal Services Corporation" for the period July 1, 1976,
through September 30, 1976, $24,630,000.
For necessary expenses of the Marine Mammal Commission to carry out
the provisions of title II of the Act of October 21, 1972 //16 USC 1401
et seq.// (Public Law 92 - 522), establishing the Marine Mammal
Commission, $900,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $225,000.
For necessary expenses of the National Commission for the Review of
Federal and State Laws Relating to Wiretapping and Electronic
Surveillance, establihsed by the Omnibus Crime Control and Safe Streets
Act of 1968 //42 USC 3701 note.// (84 Stat. 224), $400,000, to remain
available until expended.
For expenses necessary for the Office of the Special Representative
for Trade Negotiations, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, $1,980,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $495,000.
For necessary expenses of the Privacy Protection Study Commission
pursuant to the provisions of the Privacy Act //5 USC 552a note.//
(Public Law 93 - 579), $150,000.
For necessary expenses of the Renegotiation Board, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C. 3109,
$5,400,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,335,000.
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C 3109, and not to exceed
$2,000 for official reception and representation expenses, $47,885,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $500 for official reception
and representation expenses, $12,675,000.
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger vehicles, not to
exceed $1,500 for official reception and representation expenses,
$28,350,000, and in addition there may be transferred to this
appropriation not to exceed a total of $89,500,000 from the " Disaster
loan fund", the " Business loan and investment fund", the "lease
guarantees revolving fund" and the " Surety bond guarantees revolving
fund", in such amounts as may be necessary for administrative expenses
in connection with activities respectively financed under said funds:
Provided, That 10 per centum of the amount authorized to be transferred
from these revolving funds shall be apportioned for use, pursuant to
section 3679 of the Revised Statutes, //31 USC 665.// as amended, only
in such amounts and at such times as may be necessary to carry out the
business and disaster loan, and lease guarantee and surety bond
guarantee programs.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $375 for official reception
and representation expenses, $28,735,000, of which $21,900,000 shall be
derived by transfer from the " Business loan and investment fund" the "
Disaster loan fund", the " Lease guarantees revolving fund", and the "
Surety bond guarantees revolving fund".
The Small Business Administration is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to the following funds, and in accord with the law, and to
make such contracts and 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 and
the period July 1, 1976, through September 30, 1976, for the " Disaster
loan fund", the " Business loan and investment fund", the " Lease
guarantees revolving fund" and the " Surety bond guarantees revolving
fund".
For additional capital for the " Business loan and investment fund",
authorized by the Small Business Act, //15 USC 631 note.// as amended,
$278,750,000, to remain available without fiscal year limitation, of
which $109,500,000 is for the direct business loan program authorized by
section 7(a) of said Act //15 USC 636.// and $10,000,000 is for the
direct loan program authorized by section 7(h) of said Act.
For additional capital for the " Disaster loan fund", authorized by
the Small Business Act, //15 USC 633.// as amended, amended,
$100,000,000 to remain available without fiscal year limitation, for the
non-physical disaster loan program.
For additional capital for the "surety Bond Guarantees Revolving
Fund", authorized by the Small Business Investment Act, //15 USC 694c.//
as amended, $10,000,000 to remain available without fiscal year
limitation.
For " Surety bond guarantees revolving fund" for the period July 1,
1976, through September 30, 1976, $2,500,000, to remain available
without fiscal year limitation.
For expenses necessary to enable the United States Information
Agency, as authorized by Reorganization Plan No. 8 of 1953, //22 USC
1461 note.// the Mutual Educational and Cultural Exchange Act (22 U.S.
C. 2451 et seq.), and the United States Information and Educational
Exchange Act, as amended (22 U.S.C. 1431 et seq.) to carry out
international information activities, including employment, without
regard to the civil service and classification laws, of persons on a
temproary basis (not to exceed $20,000), and aliens within the United
States; salaries, expenses, and allowances of personnel and dependents
as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C.
801 - 1158); entertainment within the United States not to exceed
$1,500; purchase for use abroad of (not to exceed 130, of which 60 are
for replacement only), and hire of passenger motor vehicles; services
as authorized by 5 U.S.C. 3109; advance of funds notwithstanding
section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); dues
for library membership in organizations which issue publications to
members only, or to members at a price lower than to others; purchase
of uniforms for not to exceed thirteen guards; radio activities and
acquisition and production of motion pictures and visual materials and
purchase or rental of technical equipment and facilities therefor,
narration, scriptwriting, translation, and engineering services, by
contract or otherwise; and purchase of objects for presentation to
foreign governments, schools, or organizations; $246,200,000:
Provided, That not to exceed $200,000 may be used for representation
abroad: Proviced further, That passenger motor vehicles used abroad
exclusively for the purposes of this appropriation may be exchanged or
sold pursuant to section 201(c) of the Act of June 30, 1949 (40 U.S.C.
481(c)), and the exchange allowances or proceeds of such sales shall be
available for replacement of an equal number of such vehicles and the
cost, including the exchange allowance of each such replacement, shall
not exceed such amounts as may be otherwise provided by law (except that
right-hand drive vehicles may be purchased without regard to any maximum
price limitation otherwise established by law): /22 USC 1461b.//
Provided further, That, notwithstanding the provisions of section 3679
of the Revised Statutes, as amended (31 U.S.C. 665), the United States
Information Agency is authorized, in makeing contracts for the use of
international shortwave radio stations and facilities, to agree on
behalf of the United States to indemnify the owners and operators of
said radio stations and facilities from such funds as may be hereafter
appropriated for the purpose against loss or damage on account of injury
to persons or property arising from such use of said radio stations and
facilities.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $375 for entertainment
within the United States and not to exceed $50,000 for representation
abroad, $67,500,000.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the United States Information Agency, as
authorized by law, $10,708,000, to remain available until expended.
For " Salaries and expenses (special foreign currency program)" for
the period July 1, 1976, through September 30, 1976, $3,225,000.
For expenses necessary to carry out the functions of the United
States Information Agency under section 102(a)(3) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.),
$6,187,000, to remain available until expended: Provided, That not to
exceed a total of $6,500 may be expended for representation.
For " Special international exhibitions" for the period July 1, 1976,
through September 30, 1976, including not to exceed $1,625 for
representation, $2,004,000.
For an additional amount for the purchase, rent, construction, and
improvement of facilities for radio transmission and reception, purchase
and installation of necessary equipment for radio transmission and
reception, without regard to the provisions of the Act of June 30, 1932
(40 U.S.C. 278a), and acquisition of land and interests in land by
purchase, lease, rental, or otherwise, $10,135,000, to remain available
until expended: Provided, That this appropriation shall be available
for acquisition of land outside the continental United States without
regard to section 355 of the Revised Statutes (40 U.S.C. 255) and title
to any land so acquired shall be approved by the Director of the United
States Information Agency.
For " Acquisiton and construction of radio facilities" for the period
July 1, 1976, through September 30, 1976, $260,000.
Sec. 601. No part of any appropriation contained in this Act shall be
used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall be
used to administer any program which is funed in whole or in part from
foreign currencies or credits for which a specific dollar appropriation
therefor has not been made.
Sec. 603. 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 //88 Stat. 1771.// (P.L. 93 - 554).
Sec. 604. No part of the funds appropriated by this Act shall be used
to pay the salary of any Federal employee who is finally convicted in
any Federal, State, or local court of competent jurisdiction, of
inciting, promoting, or carrying on a riot resulting in material damage
to property or injury to persons, found to be in violation of Federal,
State, or local laws designed to protect persons or property in the
community concerned.
Sec. 605. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, a grant, the salary of, or
any remuneration whatever to any individual applying for admission,
attending, employed by, teaching at or doing research at an institution
of higher education who has engaged in conduct on or after August 1,
1969, which involves the use of (or the assistance to others in the use
of) force or the threat of force or the seizure of property under the
control of an institution of higher education, to require or prevent the
availability of certain curriculum, or to prevent the faculty,
administrative officials or students in such institution from engaging
in their duties or pursuing their studies at such institution.
Sec 606. 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, //40 USC 490.// as amended, for
space and services.
This Act may be cited as the " Departments of State, Justice, and
Commerce, the Judiciary, and Related Agencies Appropriation Act, 1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 318 (Comm. on Appropriations) and Nos. 94 -
495 and 94 - 527 (Comm. of Conference).
SENATE REPORT No. 94 - 328 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 26, Sept. 24, Oct. 7, considered and passed House.
Sept. 3, 26, Oct. 8, considered and passed Senate.
Public Law 94-120, 89 Stat 609, Natural Graphite, duty suspension,
Social Security Act, amendments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by adding immediately after item 907.80 the
following new item: (Table Omitted).
Sec. 2. The amendment made by the first section of this Act //19 USC
1202 note.// shall apply with respect to articles entered, or withdrawn
from warehouse, for consumption on or after the date of the enactment of
the Act.
Sec. 3. Section 7(a) of Public Law 93 - 647 //42 USC 1397 note.// is
amended by adding at the end thereof the following new paragraph:
"(3) Notwithstanding paragraph (1) of this subsection or section 3(
f), payments under title IV or section 2002(a)(1) of the Social Security
Act //42 USC 1397a note, 601, 1397a.// with respect to expenditures made
prior to February 1, 1976, in connection with the provision of child day
care services in day care centers and group day care homes, in the case
of children between the ages of six weeks and six years, may be made
without regard to the requirements relating to staffing standards which
are imposed by or under section 2002(a)(9)(A)( ii) of such Act, so long
as the staffing standards actually being applied in the provision of the
services involved (A) comply with applicable State law (as in effect at
the time the services are provided), (B) are no lower than the
corresponding staffing standards which were imposed or required by
applicable State law on September 15, 1975, and (C) are no lower, in the
case of any day care center or group day care home, than the
corresponding standards actually being applied in such center or home on
September 15, 1975.".
Sec. 4. (a) Section 2003 of the Social Security Act //42 USC 1397b.//
is amended by adding at the end thereof the following new subsection:
"(f) The provisions of section 333 of the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970
//42 USC 4582.// shall be applicable to services provided by any State
pursuant to this title with respect to individuals suffering from drug
addiction or alcoholism.".
(b)(1) Section 2002(a)(7) of such Act //42 USC 1397a.// is amended by
adding at the end thereof the following new sentence: " With regard to
ending the dependency of individuals who are alcoholics or drug addicts,
the entire rehabilitative process for such individuals, including but
not limited to initial detoxification, short term residential treatment,
and subsequent outpatient counseling and rehabilitative services,
whether or not such a process involves more than one provider of
services, shall be the basis for determining whether standards imposed
by or under subparagraph (A) or (E) of this paragraph have been met.".
(2) Section 2002(a)(11) of such Act //42 USC 1397a.// is amended
by--,
(A) striking out "and" at the end of clause (B) thereof,
(B) striking out the period at the end of clause (C) thereof
and inserting in lieu of such period ";and", and
(C) adding after clause (C) thereof the following new clause:
"(D) any expenditure for the initial detoxification of an
alcoholic or drug dependent individual, for a period not to exceed
7 days, if such detoxification is integral to the further
provision of services for which such individual would otherwise be
eligible under this title.".
(3) Section 2002(a)(7)(A) of such Act is amended by inserting
"(except as provided in paragraph (11)(D))" immediately after "other
remedial care".
(4) Section 2002(a)(7)(E) of such Act is amended by inserting "and
paragraph (11)(D)" immediately after "paragraph (11)(C)".
(c) The amendments made by this section //42 USC 1397a note.// shall
be effective only for the period beginning October 1, 1975, and ending
January 31, 1976; and, on and after February 1, 1976, sections 2002(
a)(7), 2002(a)(11), and 2003 of the Social Security Act //42 USC
1397b.// shall read as they would if such amendments had not been made.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 296 (Comm. on Ways and Means) and No. 94 -
533 (Comm. of Conference).
SENATE REPORT No. 94 - 343 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 1251 (1975):
June 24, considered and passed House.
Oct. 2, considered and passed Senate, amended.
Oct. 9, House and Senate agreed to conference report.
Public Law 94-119, 89 Stat 608, John F. Kennedy Center, appropriation
authorization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (e) of
section 6 of the John F. Kennedy Center Act //87 Stat. 161.// is amended
by adding at the end thereof the following: " There is authorized to be
appropriated to carry out this subsection not to exceed $2,800,000 for
the fiscal year ending June 30, 1976, $741,000 for the transition period
ending September 30, 1976, and $3,100,000 for the fiscal year ending
September 30, 1977.".
Sec. 2. Section 6 of the John F. Kennedy Center Act is amended by
adding the following new subsection:
"(f) The General Accounting Office is authorized and directed to
review and audit, regularly, the accounts of the Kennedy Center for the
Performing Arts, for the purpose of determining the continuing ability
of the Center to pay its share of future operating cost, and for the
purpose of assuring that the cost-of-living formula fairly and
accurately reflects the use of the building.".
LEGISLATIVE HISTORY:
HOUSE REPRT No. 94 - 280 (Comm. on Public Works and Transportation).
SENATE REPORT No. 94 - 352 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 21, considered and passed House.
Aug. 1, considered and passed Senate, amended.
Oct. 8, House concurred in Senate amendments.
Public Law 94-118, 89 Stat. 603, Japan United States Friendship Act.
Be it enacted by the Senate and House of Representative of the United
States of America in Congress assembled, That this Act may be cited as
the " Japan-United States Friendship Act". //22 USC 2901 note.//
Sec. 2 (a) The Congress hereby finds that--,
(1) the post-World War II evolution of the relationship between
Japan and the United States to peacetime friendship and
partnership is one of the most significant developments of the
postwar period;
(2) the Agreement Between Japan and the United States of
America Concerning the Ryukyu Islands and the Daito Islands,
signed at Washingto and Tokyo on June 17, 1971, //23 UST 446.// is
a major achievement and symbol of the new relationship between the
United States and Japan; and
(3) the continuation of close United States-Japan friendship
and cooperation will make a vital contribution to the prospects
for peace, prosperity, and security in Asia and the world.
(b) It is therefore the purpose of this Act to provide for the use of
an amount equal to a part of the total sum payable by Japan to the
United States in connection with the reversion of Okinawa to Japanese
administration and the remaining funds of the amount set aside in 1962
for educational and cultural exchange with Japan (known as the G.A.R.I.
O.A. Account) to aid education and culture at the highest level in order
to enhance reciprocal people-to-people understanding and to support the
close friendship and mutuality of interests between the United States
and Japan.
2902.//
Sec. 3. (a) There is established in the Treasury of the United States
a trust fund to be known as the Japan-United States Friendship Trust
Fund (hereafter referred to as the " Fund").
(b) Amounts in the Fund shall be used for the promotion of scholarly,
cultural, and artistic activities between Japan and the United States,
including--,
(1) support for studies, including language studies, in
institutions of higher education or scholarly research in Japan
and the United States, designed to foster mutual understanding
between Japan and the United States;
(2) support for major collections of Japanese books and
publications in appropriate libraries located throughout the
United States and similar support for collections of American
books and publications in appropriate libraries located throughout
Japan;
(3) support for programs in the arts in association with
appropriate institutions in Japan and the United States;
(4) support for fellowships and scholarships at the graduate
and faculty levels in Japan and the United States in accord with
the purposes of this Act;
(5) support for visiting professors and lecturers at colleges
and universities in Japan and the United States; and
(6) support for other Japan-United States cultural and
educational activities consistent with the purposes of the Act.
(c) Amounts in the Fund may also be used to pay administrative
expenses of the Japan-United States Friendship Commission, established
by section 4 of this Act, as directed by the Commission.
(d) There is authorized to be appropriated to the Fund, for fiscal
year 1976, an amount equal to 7.5 per centum of the total funds payable
to the United States pursuant to the Agreement Between Japan and the
United States of America Concerning the Ryukyu Islands and the Daito
Islands, signed at Washington and Tokyo, June 17, 1971.
(e)(1) There is authorized to be appropriated to the Fund, for fiscal
year 1976, in addition to the amount authorized to be appropriated by
subsection (d) of this section, those funds available in United States
accounts in Japan and transferred by the Government of Japan to the
United States pursuant to the United States request made under article V
of the agreement between the United States of America and Japan
regarding the settlement of Postwar Economic Assistance to Japan, signed
in Tokyo, January 9, 1962, and the exchange of notes of the same date
(13 U.S.T. 1957; T.I.A.S. 5154) (the G.A.R.I.O.A. Account), including
interest accruing to the G.A.R.I.O.A. Account.
(2) The amount authorized to be appropriated by paragraph (1) of this
subsection shall not include any amount required by law to be applied to
United States participation in the International Ocean Exposition to be
held in Okinawa, Japan.
(3) Any unappropriated portion of the amount authorized to be
appropriated by subsection (d) of this section and paragraph (1) of this
subsection for fiscal year 1976 may be appropriated in any subsequent
fiscal year.
Sec. 4. (a) There is established a commission to be known as the
Japan-United States Friendship Commission (hereafter referred to as the
" Commission"). The Commission shall be composed of--,
(1) the members of the United States Panel of the Joint
Committee on United States-Japan Cultural and Educational
Cooperation;
(2) two Members of the House of Representatives, to be
appointed at the beginning of each Congress or upon the occurrence
of a vacancy during a Congress by the Speaker of the House of
Representatives;
(3) two Members of the Senate, to be appointed at the beginning
of each Congress or upon the occurrence of a vacancy during a
Congress by the President pro tempore of the Senate;
(4) the Chairman of the National Endowment for the Arts; and
(5) the Chairman of the National Endowment for the Humanities.
(b) Members of the Commission who are not full-time officers or
employees of the United States and who are not Members of Congress
shall, while serving on business of the Commission, be entitled to
receive compensation at rates fixed by the President, but not exceeding
the rate specified at the time of such service for grade GS-18 in
section 5332 of title 5, United States Code, including traveltime; and
while so serving away from their homes or regular places of business,
all members of the Commission may be allowed travel expenses including
per diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for persons in Government service employed
intermittently.
(c) The Chairman of the United States Panel of the Joint Committee on
United States-Japan Cultural and Educational Cooperation shall be the
Chairman of the Commission. A majority of the members of the Commission
shall constitute a quorum. The Commission shall meet at least twice in
each year.
Sec. 5. (a) The Commission is authorized to--,
(1) develop and carry out programs at public or private
institutions for the promotion of scholarly, cultural, and
artistic activities in Japan and the United States consistent with
the provisions of section 3(b) of this Act; and
(2) make grants to carry out such programs.
(b) The Commission shall submit to the President and to the Congress
an annual report of its activities under this Act together with such
recommendations as the Commission determines appropriate.
Sec. 6. In order to carry out its functions under this Act, the
Commission is authorized to--,
(1) prescribe such regulations as it deems necessary governing the
manner in which its functions shall be carried out;
(2) receive money and property donated, bequeathed, or devised,
without condition or restriction other than that it be used for
the purposes of this Act; and to use, sell, or otherwise dispose
of such property (including transfer to the Fund) for the purpose
of carrying out the purposes of this Act, and any such donation
shall be exempt from any Federal income, State, or gift tax;
(3) in the discretion of the Commission, receive (and use,
sell, or otherwise dispose of, in accordance with paragraph (2))
money and other property donated, bequeathed, or devised to the
Commission with a condition or restriction, including a condition
that the Commission use other funds of the Commission for the
purposes of the gift, and any such donation shall be exempt from
any Federal income, State, or gift tax;
(4) direct the Secretary of the Treasury to make expenditure of
the income of the Fund and not to exceed 5 per centum annually of
the principal of the Fund to carry out the purposes of this Act,
including the payment of Commission expenses if needed, except
that any amounts expended from amounts appropriated to the Fund
under section 3(e)(1) of this Act shall be expended in Japan;
(5) appoint an Executive Director, without regard to the
provisions of title 5, //5 USC 101 et seq.// United States Code,
governing appointments in the competitive service, who shall be
compensated at the rate provided for a GS-18 of the General
Schedule of such title //5 USC 5332 note.// ;
(6) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of title 5, United
States Code, at rates for individuals not to exceed the rate
specified at the time of such service for grade GS-18 in section
5332 of title 5, United States Code;
(7) accept and utilize the services of voluntary and
noncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized by section 5703 of title 5,
United States Code;
(8) enter into contracts, grants, or other arrangements, or
modifications thereof;
(9) make advances, progress, and other payments which the
Commission deems necessary under this Act; and
(10) obtain from the Secretary of State, on a reimbursable
basis, such administrative support services and personnel as the
Commission deems necessary and appropriate to its needs.
Sec. 7. (a) The Fund shall consist of--,
(1) amounts appropriated under sections 3 (d) and (e)(1) of
this Act;
(2) any other amounts received by the Fund by way of gifts and
donations; and
(3) interest and proceeds credited to it under subsection (b)
of this section.
(b) It shall be the duty of the Secretary of the Treasury (hereafter
referred to as the " Secretary") to invest such portion of the Fund as
is not, in the judgment of the Commission, required to meet current
withdrawals. Such investment may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States. For such purposes, the
obligations may be acquired (1) on original issue at the issue price, or
(2) by purchase of outstanding obligations at the market price. The
purposes for which obligations of the United States may be issued under
the Second Liberty Bond Act, //31 USC 774.// as amended, are hereby
extended to authorize the issuance at par of special obligations
exclusively to the Fund. Such special obligations shall bear interest at
a rate equal to the average rate of interest, computed as to the end of
the calendar month next preceding the date of such issue, borne by all
marketable interest-bearing obligations of the United States issued
during the preceding two years then forming part of the public debt;
except that where such average rate is not a multiple of one-eighth of 1
per centum, the rate of interest of such special obligations shall be
the multiple of one-eighth of 1 per centum next lower tan such average
rate. Such special obligations shall be issued only if the Secretary
determines that the purchase of other interest-bearing obligations of
the United States, or of obligations guaranteed as to both principal and
interest by the United States on original issue or at the market price,
is not in the public interest.
(c) Any obligation acquired by the Fund (except special obligations
issued exclusively to the Fund) may be sold by the Secretary at the
market price, and such special obligations may be redeemed at par plus
accrued interest.
(d) The interest on, and the proceeds from the sale or redemption of,
any obligations held in the Fund shall be credited to and form a part of
the Fund.
(e) In accordance with section 6(4) of this Act, the Secretary shall
pay out of the Fund such amounts, including expenses of the Commission,
as the Commission considers necessary to carry out the provisions of
this Act; except that amounts in the Fund, other than amounts which
have been appropriated and amounts received by the Commission pursuant
to sections 6(2) and 6(3), shall be subject to the appropriation
process.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 503 accompanying H.R. 9667 (Comm. on
International Relations) and No. 94 - 526 (Comm. of Conference).
SENATE REPORT No. 94 - 188 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 13, considered and passed Senate.
Sept. 26, considered and passed House, amended, in lieu of H.
R. 96679
Oct. 7, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 43:
Oct. 21, Presidential statement.
PUBLIC LAW 94-117, 89 STAT. 602.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in commemoration
of the Bicentennial of the United States Army on June 14, of the United
States Navy on October 13, and of the United States Marine Corps on
November 10, 1975, the Secretary of the Treasury is authorized and
directed to strike three medals, of suitable sizes and metals and with
suitable emblems, devices, and inscriptions to be determined by the
Secretary of the Army and the Secretary of the Navy, as applicable,
subject to the approval of the Secretary of the Treasury.
Sec. 2. The Secretary of the Treasury shall furnish the medals to the
Secretary of the Army and the Secretary of the Navy, as applicable, at a
price equal to the cost of manufacture.
Sec. 3. The Secretary of the Treasury shall also cause such medals to
be sold by the Mint, as list medals, under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, and overhead expenses.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 6, considered and passed House.
Oct. 8, considered and passed Senate.
Public Law 94-116, 89 Stat 581, Department of Housing and Urban
Development--Independant agencies Appropriation Act, 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Housing and Urban Development, and
for sundry independent executive agencies, boards, bureaus, commissions,
corporations, and offices for the fiscal year ending June 30, 1976, the
period ending September 30, 1976, and for other purposes, namely:
For emergency mortgage relief payments and for other expenses of the
Emergency Homeowners' Relief Fund, as authorized by title I of the
Emergency Housing Act of 1975 (Public Law 94 - 50) //12 USC 2701.// ,
$35,000,000, to remain available until September 30, 1976.
For interest grant payments pursuant to section 802(c)(2) of the
Housing and Community Development Act of 1974 //42 USC 1440.// (88 Stat.
722), $15,000,000, to remain available until Septmeber 30, 1976:
Provided, that the total of contracts for annual payments entered into
under such section shall not exceed $15,000,000: Provided further, That
the total new budget authority obligated under such contracts entered
into after June 30, 1975, shall not exceed $600,000,000.
The additional amount of contracts for annual contributions, not
otherwise provided for, as authorized by section 5 of the United States
Housing Act of 1937, shall not exceed $662,300,000, which amount shall
be in addition to balances of authorization heretofore made available
for such contracts: Provided, That the total new budget authority
obligated under such contracts entered into after June 30, 1975, shall
not exceed $17,000,000,000, which amount shall not include budget
authority obligated under balances of authorization heretofore made
available: Provided further, That at least $50,000,000 of the new
contract authority herein made available shall be used only for
contracts for annual contributions to assist in financing the
development or acquisition of low-income housing projects to be owned by
public housing agencies other than under section 8 of the above Act //42
USC 1437f.// : Provided further, That not less than 50 per centum of
the funds made available by this Act which are used pursuant to section
8 of the above Act shall be allocated to contracts to make assistance
payments with respect to newly constructed or substantially
rehabilitated housing: And provided further, That is fiscal year 1976
and the period ending September 30, 1976, the fair market rent basis of
contracts approved pursuant to section 8 of the above Act shall not
exceed by more than 10 per centum in the aggregate, or 20 per centum in
individual market areas, those published in the Federal Register through
September 8, 1975.
The limitation otherwise applicable to the maximum payments that may
be required in any fiscal year by all contracts entered into under
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s) is increased by $20,000,000.
The limitation on the aggregate loans that may be made under section
202 of the Housing Act of 1959 //12 USC 1701q.// as amended, from the
fund authorized by subsection (a)(4) of such section, is hereby
established for the fiscal year 1976 through the period ending September
30, 1976, at $375,000,000 in accordance with paragraph (c) of such
subsection, which funds shall be available only to qualified nonprofit
sponsors for the purpose of providing 100 per centum loans for the
development of housing for the elderly or handicapped, with any cash
equity or other financial commitments imposed as a condition of loan
approval to be returned to the sponsor if sustaining occupancy is
achieved in a reasonable period of time: Provided, That the full amount
shall be abailable for permanent financing (including construction
financing) for housing projects for the elderly or handicapped.
For the payment of annual contributions, not otherwise provided for,
in accordanc with section 5 of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437c); for payments authorized by title IV of the
Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.): for rent
supplement payments authorized by section 101 of the Housing and Urban
Development Act of 1965, as amended (12 U.S.C. 1701s); and for payments
as authorized by sections 235 and 236, of the National Housing Act, as
amended (12 U.S.C. 1715z, 1715z-1,), $2,245,000,000.
For " Housing payments" for the period July 1, 1976, through
September 30, 1976, $600,000,000.
For annual contributions to public housing agencies for the payment
of operating subsidies for low-income housing projects as authorized by
section 9 of the United States Housing Act of 1937, as amended (42 U.S.
C. 1437g), $535,000,000: Provided, That the aggregate amount of
contracts for annual contributions entered into for such payments shall
not exceed $535,000,000.
For " Payments for operation of low-income housing projects" for the
period July 1, 1976, through September 30, 1976, $80,000,000: Provided,
That the aggregate amount of contracts for such payments shall not
exceed $80,000,000.
For necessary administrative expenses, not otherwise provided for,
and for nonadministrative expenses as classified by section 1 of the
National Housing Act, as amended (12 U.S.C. 1701), in carrying out
programs of housing production and mortgage credit and housing
management, $199,000,000, of which $158,650,000 shall be provided by
transfer from the various funds of the Federal Housing Administration:
Provided, That administrative expenses in connection with the Revolving
fund (liquidating programs) shall be exclusive of expenses necessary in
the case of defaulted obligations to protect the interests of the
Government.
For " Salaries and expense, housing programs" for the period July 1,
1976, through September 30, 1976, $49,800,000, of which $39,850,000
shall be provided by transfer from the various funds of the Federal
Housing Administration.
The total amount of purchases and commitments authorized to be made
pursuant to section 313 of the National Housing Act, as amended (12 U.
S.C. 1723e; 88 Stat. 1364; Public Law 94 - 50), shall not exceed
$5,000,000,000 outstanding at any one time, which amount shall be in
additon to balances of authorization heretofore made available for
purchase and commitments pursuant to said section and which shall
continue available after October 18, 1975: Provided, That the
Association may borrow from the Secretary of the Treasury in accordance
with said section, in such amounts as are necessary to carry out the
purposes and requirements of said section as authorized herein.
For the payment of such insufficiencies as may be required by the
Government National Mortgage Association, as trustee, on account of
outstanding beneficial interests or participations in assets of the
Department of Housing and Urban Development (including the Government
National Mortgage Association) authorized by the Independent Offices and
Department of Housing and Urban Development Appropriation Act, 1968, to
be issued pursuant to section 302(c) of the Federal National Mortgage
Association Charter Act, //81 Stat. 341, 12 USC 1717.// as amended,
$20,935,000.
For "payment of participation sales insufficiencies" for the period
July 1, 1976, through September 30, 1976, $5,291,000.
For the revolving fund established pursuant to section 312 of the
Housing Act of 1964, as amended (42 U.S.C. 1452b), $50,000,000, to
remain available until August 22, 1976.
For contracts with and payments to States and units of general local
government and for related expenses, not otherwise provided for,
necessary for carrying out a community development grant program as
authorized by Title I of the Housing and Community Development Act of
1974 //42 USC 5301.// (P.L. 93 - 383, 88 Stat. 633), $2,700,000,000, of
which $964,000,000 shall be derived by transfer from the unexpended
balance of budget authority provided by section 401(d)(1) of the Housing
Act of 1950, as amended (12 U.S.C. 1749(d)(1), which shall be treated
the same as other budget authority provided by this paragraph, to remain
available until September 30, 1978.
For grants to States and units of general local government, to be
used only for expenses necessary for carrying out a community
development grant program authorized by Section 106(d)(2) of Title I of
the Housing and Community Development Act of 1974, //42 USC 5306.//
$52,000,000, to remain available until September 30, 1978.
For grants to units of general local government for urgent community
development needs pursuant to section 103(b) of Title I of the Housing
and Community Development Act of 1974, //42 USC 5303.// $50,000,000, to
remain available until September 30, 1978.
For comprehensive planning grants as authorized by section 701 of the
Housing Act of 1954, as amended (40 U.S.C. 461), $75,000,000, to remain
available until expended.
For necessary administrative expenses of programs of community
planning and development, not otherwise provided for, $41,740,000.
For " Salaries and expenses, community planning and development
programs" for the period July 1, 1976, through September 30, 1976,
$10,500,000.
For necessary administrative expenses, not otherwise provided for, in
carrying out the National Flood Insurance Act of 1968, //42 USC 4001
note.// as amended (42 U.S.C. Chap. 50), $75,000,000.
For " Flood insurance" for the period July 1, 1976, through September
30, 1976, $18,750,000.
For necessary expenses of carrying out the Interstate Land Sales Full
Disclosure Act (15 U.S.C. 1720), not otherwise provided for, $2,726,000.
For " Interstate land sales" for the period July 1, 1976, through
September 30, 1976, $645,000.
For contracts, grants, and necessary expenses of programs of research
and studies relating to housing and urban problems, not otherwise
provided for, as authorized by title V of the Housing and Urban
Development Act of 1970, as amended, (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section 1(
a)(1)(i) of Reorganization Plan No. 2 of 1968 //49 USC 1608 note.// ,
$53,000,000, to remain available until September 30, 1977: Provided,
That $400,000 of the foregoing amount shall be used only for a grant to
the Housing Assistance Council: Provided further, That $1,000,000 of
the foregoing amount shall be used only for mobile home construction and
safety standard activities.
For " Research and technology" for the period July 1, 1976, through
September 30, 1976, $15,500,000, to remain available until Septmeber 30,
1977.
For necessary administrative expenses of programs of policy
development and research, not otherwise provided for, $6,765,000.
For " Salaries and expenses, policy development and research" for the
period July 1, 1976, through September 30, 1976, $1,700,000.
For expenses necessary to carry out the functions of the Secretary
pursuant to title VIII of the Civil Rights Act of 1968 (42 U.S.C.
3601), and other equal opportunity and fair housing programs authorized
by law, not otherwise provided for, $12,735,000.
For " Fair housing and equal opportunity" for the period July 1,
1976, through September 30, 1976, $3,265,000.
For necessary administrative expenses of the Secretary, not otherwise
provided for, in overall program planning and direction in the
Department, including not to excced $2,500 for official reception and
representation expenses, $5,905,000.
For " General departmental management" for the period July 1, 1976,
through September 30, 1976, including not to exceed $625 for official
reception and representation expenses, $1,510,000.
For necessary expense of the Office of General Counsel, not otherwise
provided for, $5,089,000, of which $1,750,000 shall be provided by
transfer from the various funds of the Federal Housing Administration,
as provided by the National Housing Act (12 U.S.C. 1701).
For " Salaries and expenses, Office of General Counsel" for the
period July 1, 1976, through September 30, 1976, $1,319,000, of which
$465,000 shall be provided by transfer from the various funds of the
Federal Housing Administration, as provided by the National Housing Act
(12 U.S.C. 1701).
For necessary expenses of the Office of Inspector General, not
otherwise provided for, $10,280,000, of which $3,035,000 shall be
provided by transfer from the various funds of the Federal Housing
Administration, as provided by the National Housing Act (12 U.S.C.
1701).
For " Salaries and expenses, Office of Inspector General" for the
period July 1, 1976, through September 30, 1976, $2,615,000, of which
$810,000 shall be provided by transfer from the various funds of the
Federal Housing Administration, as provided by the National Housing Act
(12 U.S.C. 1701).
For administrative expense necessary in providing general
administration and staff services within the Department, not otherwise
provided for, $53,125,000, of which $31,092,000 shall be provided by
transfer from the various funds of the Federal Housing Administration,
as provided by the National Housing Act (12 U.S.C. 1701).
For " Administration and staff services" for the period July 1, 1976,
through September 30, 1976, $12,803,000, of which $7,195,000 shall be
provided by transfer from the various funds of the Federal Housing
Administration, as provided by the National Housing Act (12 U. S.C.
1701).
For necessary administrative expenses, not otherwise provided for, of
management and program coordination in the regional offices of the
Department, $40,500,000, of which $15,580,000 shall be provided by
transfer from the various funds of the Federal Housing Administration,
as provided by the National Housing Act (12 U.S.C. 1701).
For " Regional management and services" for the period July 1, 1976,
through September 30, 1976, $10,000,000, of which $3,905,000 shall be
provided by transfer from the various funds of the Federal Housing
Administration, as provided by the National Housing Act (12 U.S.C.
1701).
For expenses necessary to carry out the functions of the Department
of Housing and Urban Development under the Disaster Relief Act of 1970,
//42 USC 4401 note// as amended, the Disaster Relief Act of 1974, //42
usc 5121 note.// and Reorganization Plan No. 1 of 1973, //50 usc app.
2271 note.// authorizing assistance to States and local governments,
$150,000,000, to remain available until expended: Provided, That not to
exceed 3 per centum of the foregoing amount sahll be available for
administrative expenses.
For " Disaster relief" for the period July 1, 1976, through September
30, 1976, $37,500,000, to remain available until expended: Provided,
That not to exceed 3 per centum of the foregoing amount shall be
available for administrative expenses.
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchase and repair of uniforms
for caretakers of national cemeteries and monuments, outside of the
United States and its territories and possessions; not to exceed
$67,000 for expenses of travel; rent of office and garage space in
foreign countries; purchase (one for replacement only) and hire of
passenger motor vehicles; and insurance of official motor vehicles in
foreign countries when required by law of such countries; $5,012,000:
Provided, //36 USC 121b.// That where station allowance has been
authorized by the Department of the Army for officers of the Army
serving the Army at certain foreign stations, the same allowance shall
be authorized for officers of the Armed Forces assigned to the
Commission while serving at the same foreign stations, and this
appropriation is hereby made available for the payment of such
allowance: Provided further, //36 USC 122.// That when traveling on
business of the Commission, officers of the Armed Forces serving as
members or as secretary of the Commission may be reimbursed for expenses
as provided for civilian members of the Commission: Provided further,
//36 USC 122a.// That the Commission shall reimburse other Government
agencies, including the Armed Forces, for salary, pay, and allowances of
personnel assigned to it.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,450,000.
For necessary expenses of the Consumer Product Safety Commission,
including rent in the District of Columbia and hire of passenger motor
vehicles, services as authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS-18, //5 USC 5332 note.// and not to exceed $800 for official
reception and representation, $41,820,000: Provided, That funds
provided by this appropriation for laboratories shall be available only
for the acquision or conversion of existing laboratories.
For necessary expenses of the " Consumer Product Safety Commission"
for the period July 1, 1976, through September 30, 1976, including rnet
in the District of Columbia and hire of passenger vehicles, services as
authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18, and not to exceed
$200 for official reception and representation, $10,355,000.
None of the funds provided to the Consumer Product Safety Commission
by this Act may be used for the preparation or enforcement of
regulations to restrict the sale of firearms, ammunition or components
thereof.
For necessary expenses, as authorized by law, of maintenance,
operation, and improvement of the cemetery at the Soldiers' and Airmen's
Home and Arlingto National Cemetery, including the purchase of three
passenger motor vehicles for replacement only, $5,615,000, to remain
available until expended: Provided, That reimbursement shall be made to
the applicable military appropriation for the pay and allowances of any
military personnel performing services primarily for the purposes of
this appropriation.
For " Salaries and expense" for the period July 1, 1976, through
September 30, 1976, $966,000, to remain available until expended.
For agency and regional management expenses, including official,
reception and representation expenses (not to exceed $3,500); hire of
passenger motor vehicles; hire, maintenace, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for GS-18 //5 USC
5332 note.// ; purchase of reprints; library memberships in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members; $65,374,000;
including $5,000,000 to provide for the preparation of Environmental
Impact Statements as required by section 102(2)(C) of the National
Environmental Policy Act //42 USC 4332.// on all proposed actions by the
Environmental Protection Agency, except where prohibited by law.
For " Agency and regional management" for the period July 1, 1976,
through September 30, 1976, $16,923,000, of which not to exceed $875 may
be for official reception and representation expenses.
For energy research and development activities, including hire of
passenger motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by sections 5901 -
5902, United States Code, title 5; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate of GS-18; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; $100,000,000 to remain available until expended.
For " Energy research and development" for the period July 1, 1976,
through September 30, 1976, $21,000,000, to remain available until
expended.
For research and development activities, including hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate of GS-18 //5 USC
5332 note.// ; purchase of reprints; library memberships in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members; $170,674,000,
to remain available until expended.
For " Research and development" for the period July 1, 1976, through
September 30, 1976, $42,923,000, to remain available until expended.
For abatement and control activities, including hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for GS-18;
purchase of reprints; library memberships in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members; to remain available until
expended, $375,766,000, and for liquidation of obligations incurred in
carrying out section 208 of the Federal Water Pollution Control Act,
//33 USC 1288.// as amended, $65,000,000, to remain available until
expended.
For " Abatement and control" for the period July 1, 1976, through
September 30, 1976, $92,639,000, to remain available until expended, and
for liquidation of obligations incurred in carrying out section 208 of
the Federal Water Pollution Control Act, as amended, $19,000,000, to
remain available until expended.
For enforcement activities, including hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901 - 5902; services,
as authorized by 5 U.S.C. 3109, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for GS-18; purchase of
reprints; library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; $53,606,000.
For " Enforcement" for the period July 1, 1976, through September 30,
1976, $13,931,000.
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment of facilities of or used by the
Environmental Protection Agency, $2,100,000, to remain available until
expended.
For " Buildings and facilities" for the period July 1, 1976, through
September 30, 1976, $500,000, to remain available until expended.
For liquidation of obligations incurred pursuant to authority
contained in section 203 of the Federal Water Pollution Control Act,
//33 USC 1283.// as amended, $500,000,000, to remain available until
expended.
For liquidation of obligations, " Construction grants" for the period
July 1, 1976, through September 30, 1976, $600,000,000, to remain
available until expended.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the Environmental Protection Agency in the
conduct of scientific activities overseas in connection with
environmental pollution, as authorized by law, $4,000,000, to remain
available until expended: Provided, That this appropriation shall be
available in addition to other operations to such Agency, for payments
in the foregoing currencies.
For " Scientific activities overseas (special foreign currency
program)" for the period July 1, 1976, through September 30, 1976,
$670,000, to remain available until expended.
Not to exceed 7 per centum of any appropriation made available to the
Environmental Protection Agency by this Act (except appropriations for "
Construction Grants") may be transferred to any other such
appropriation.
No funds provided for the Environmental Protection Agency by this Act
may be used for any Federal insecticide, fungicide, or rodenticide
activity after September 30, 1975, that is not authorized by law.
For expenses necessary for the Council on Environmental Quality and
the Office of Environmental Quality, in carrying out their functions
under the National Environmental Policy Act of 1969 (Public Law 91 -
190) //42 USC 4321 note.// and the National Environmental Improvement
Act of 1970 (Public Law 91 - 224) //42 USC 4371 note.// , including
official reception and representation expenses (not to exceed $1,000),
hire of passenger vehicles, and support of the Citizens' Advisory
Committee on Environmental Quality, $2,736,000.
For the " Council on Environmental Quality and Office of
Environmental Quality" for the period July 1, 1976, through September
30, 1976, including official reception and representation expenses (not
to exceed $250), hire of passenger vehicles and support of the Citizens'
Advisory Committee on Environmental Quality, $697,000.
For necessary expenses of the Consumer Information Center, including
services authorized by 5 U.S.C. 3109, $1,054,000.
For " Consumer Information Center" for the period July 1, 1976,
through September 30, 1976, $264,000.
For necessary expenses of the Office of Consumer Affairs, including
services authorized by 5 U.S.C. 3109, $1,488,000.
For " Office of Consumer Affairs" for the period July 1, 1976,
through September 30, 1976, including services authorized by 5 U.S.C.
3109, $372,000.
For necessary expenses, not otherwise provided for, including
research, development, operations, services, minor construction,
maintenance, repair, rehabilitation and modification of real and
personal property; tracking and data relay satellite services as
authorized by law and purchase, hire, maintenance, and operation of
other than administrative aircraft, necessary for the conduct and
support of aeronautical and space research and development activities of
the National Aeronautics and Space Administration, $2,677,380,000, to
remain available until expended.
For " Research and development," to be available July 1, 1976,
$700,600,000, to remain available until expended.
For construction, rehabilitation and modification of facilities,
minor construction of new facilities and additons to existing
facilities, and for facility planning and design not otherwise provided,
for the National Aeronautics and Space Administration, and for the
acquisition or condemnation of real property, as authorized by law,
$82,130,000, to remain available for obligation until September 30,
1978: Provided, That, notwithstanding the limitation on the
availability of funds appropriated under this head by this appropriation
act, when any activity has been initiated by the incurrence of
obligations therefor, the amount available for such activity shall
remain available until expended, except that this provisions shall not
apply to the amounts appropriated pursuant to the authorization for
rehabilitation and modification of facilities, minor construction of new
facilities and additions to existing facilities, and facility planning
and design.
For " Construction of facilities," to be available July 1, 1976,
$10,750,000, to remain available for obligation until September 30,
1979.
For necessary espenses of research in Government laboratories,
management of programs and other activities of the National Aeronautics
and Space Administration, not otherwise provided for, including uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
awards; purchase (not to exceed one, for replacement only of one or
more existing aircraft, at least one of which shall be an administrative
aircraft, which existing aircraft may be exchanged in part payment),
hire, maintenance and operation of administrative aircraft; purchase
(not to exceed ten for replacement only) and hire of passenger motor
vehicles; and maintenance and repair of real and personal property, and
not in excess of $25,000 per project for construction of new facilities
and additions to existing facilities, and not in excess of $50,000 per
project for rehabilitation and modification of facilities;
$775,512,000: Provided, That contracts may be entered into under this
appropriation for maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year: Provided further,
That not to exceed $35,000 of the foregoing amount shall be available
for scientific consultations or extraordinary expense, to be expended
upon the approval or authority of the Administrator and his
determination shall be final and conclusive.
For " Research and program management," for the period July 1, 1976,
through September 30, 1976, $213,678,000.
For expenses necessary to carry out the purposes of the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861 - 1875),
title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876 -
1879), and the Act to establish a National Medal of Science (42 U.S. C.
1880 - 1881), including award of graduate fellowships; services as
authorized by 5 U.S.C. 3109; purchase of three aircraft; maintenance
and operation of aircraft and purchase of flight services for research
support; hire of passenger motor vehicles; not to exceed $5,000 for
official reception and representation expenses; not to exceed
$41,000,000 for program development and management; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $710,000,000, to remain available until September 30, 1977:
Provided, That of the foregoing total amount not more than $6,000,000
shall be used for Science Information Activities; not more than
$6,000,000 shall be available for Research Applied to National Needs, of
which not more than $24,000,000 shall be used for the Environmental
Research Program in RANN including not more than $4,500,000 for
earthquake engineering; not more than $50,000,000 shall be used for
Science Education programs in addition to funds available for such
programs and deferred in fiscal year 1975, and not more than $1,000,000
shall be used for a program of Ethical and Human Value Implicatons; not
more than $15,000,000 shall be used for Graduate Student Support; not
more than $4,500,000 shall be used for Intergovernmental Science and
Research Utilization, of which not more than $2,500,000 shall be for
Intergovernmental Science; and no funds shall be used for Institutional
Improvement for Science; or for Instructional Improvement
Implementation budgeted for in Elementary and Secondary School Programs
of the Science Education Improvement activity: Provided further, That
of the foregoing amounts, funds available to meet minima authorized by
any other act shall be available only to the extent such funds are not
in excess of amounts provided herein: Provided further, That unless
otherwise specified by this appropriation, the ratio of amounts made
available under this Act for a program or minima to the amounts
specified for a program or minima in any other Act, for the activity for
which the limitation applies, shall not exceed the ration that the total
funds appropriated in this Act bear to the total funds authorized in
such other Act, for the activity for which the limitation applies:
Provided further, That receipts for scientific support services and
materials furnished by the National Research Centers may be credited to
this appropriation: Provided further, That if an institution of higher
education receiving funds hereunder determines after affording notice
and opportunity for hearing to an individual attending, or employed by,
such institution, that such individual has, after the date of enactment
of the Act, willfully refused to obey a lawful regulation or order of
such institution and that such refusal was of a serious nature and
contributed to the disruption of the administration of such institution,
then the institution sahll deny any further payment to, or for the
benefit of, such individual.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $167,134,000, to remain available until September
30,1977: Provided, That the provisions of that paragraph next preceding
this paragraph shall be applicable in the same manner and to the same
extent as if such period were a fiscal year.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for scientific activities, as authorized by law, $4,000,000, to remain
available until September 30, 1977: Provided, That this appropriation
shall be available in addition to other appropriations to the National
Science Foundation, for payments in the foregoing currencies.
For " Scientific activities (special foreign currency program)" for
the period July 1, 1976, through September 30, 1976, $500,000, to remain
available until September 30, 1977.
For expenses necessary for the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by law
(5 U.S.C. 4101 - 4118) for civilian employees; and not to exceed $1,000
for official reception and representation expenses; $37,500,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of subsection (c) of section 3679
of the Revised Statutes, //31 USC 665.// as amended, whenever he deems
such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person into the
Armed Forces of the United States.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $8,300,000, of which not to exceed $250 is available
for offical reception and representation expenses.
For the payment of compensation, pensions, gratuities, and
allowances, including burial awards, plot allowances, burial flags,
headstones and grave markers, emergency and other officers' retirement
pay, adjusted-service credits and certificates, and other benefits as
authorized by law; and for payment of amounts of compromises or
settlements under 28 U.S.C. 2677 of tort claims potentially subject to
the offset provisions of 38 U.S.C. 351, $7,699,700,000, to remain
available until expended.
For " Compensation and pensions" for the period July 1, 1976, through
September 30, 1976, $1,966,400,000, to remain available until expended.
For the payment of readjustment and rehabilitation benetits to or on
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, and
33 - 39) //38 USC 801, 1501, 1601.// , $5,414,475,000, to remain
available until expended.
For " Readjustment benefits" for the period July 1, 1976, through
September 30, 1976, $1,039,472,000, to remain available until expended.
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
soldiers' and sailors' civil relief, $6,600,000, to remain available
until expended.
For " Veterans insurance and indemnities" for the period July 1,
1976, through September 30, 1976, $2,450,000, to remain available until
expended.
For expenses necessary for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Veterans Administration, including care and
treatment in facilities not under the jurisdiction of the Veterans
Administration, and furnishing recreational facilities, supplies and
equipment; funeral, burial and other expenses incidental thereto for
beneficiaries receiving care in Veterans Administration facilities;
repairing, altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Veterans
Administration, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowance therefor as authorized by law (5 U.S.C. 5901 - 5902); and aid
to State homes as authorized by law (38 U.S.C. 641); $3,666,711,000,
plus reimbursements: Provided, That allotments and transfers may be
made from this appropriation to the Public Health Service of the
Department of Health, Education, and Welfare, and the Army, Navy, and
Air Force of the Department of Defense, for disbursements by them under
the various headings of their applicable appropriations, of such amounts
as are necessary for the care and treatment of beneficiaries of the
Veterans Administration.
For " Medical care" for the period July 1, 1976, through September
30, 1976, $949,413,000, plus reimbursements.
For expenses necessary for carrying out prograns of medical and
prosthetic research and development, as authorized by law, to remain
available until expended, $95,000,000, plus reimbursements.
For " Medical and prosthetic research" for the period July 1, 1976,
through September 30, 1976, to remain available until expended,
$24,714,000, plus reimbursements.
For pilot programs for assistance in the establishment of new State
medical schools, grants to affiliated medical schools, assistance to
public and nonprofit institutions of higher learning, hospitals and
other health manpower institutions affiliated with the Veterans
Administration to increase the production of professional and other
health personnel, and for expansion of Veterans Administration hospital
eduction and training capacity as authorized by 38 U.S.C. Chapter 82,
//38 USC 5070 et seq.// $30,000,000, to remain available until September
30, 1982.
For " Assistance for health manpower training institutions" for the
period July 1, 1976, through September 30, 1976, $8,332,000, to remain
available until September 30, 1982.
For expenses necessary for administration of the medical, hospital,
domiciliary, construction and supply, research, employee education and
training activities, as authorized by law, and for carrying out the
provisions of section 5055, title 38, United States Code, relating to
pilot programs and grants for exchange of medical information,
$38,528,000, plus reimbursements.
For " Medical administration and miscellaneous operating expenses"
for the period July 1, 1976, through September 30, 1976, $10,230,000,
plus reimbursements.
For necessary operating expenses of the Veterans Administration, not
otherwise provided for, including uniforms or allowances therefor, as
authorized by law; not to exceed $2,500 for official reception and
representation expenses; cemeterial expenses as authorized by law,
purchase of seven passenger motor vehicles, including one medium sedan
for replacement only and the remainder light sedans for use in
cemeterial operations, and hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security guard
services; $462,450,000.
For " General operating expenses" for the period July 1, 1976,
through September 30, 1976, $112,164,000; and not to exceed $625 for
official reception and representation allowances.
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, or for any of the purposes set forth in sections 5001,
5002 and 5004 of title 38, United States Code, including planning,
architectural and engineering services, and site acquisition, where the
estimated cost of a project is $1,000,000 or more, $297,464,000, to
remain available until expended: Provided, That $6,259,000 shall be
available for construction of a research and education facility at
Houston, Texas, $2,460,000 for expansion of clinic and outpatient
facilities and correction of fire and safety deficiencies at
Northampton, Massachusetts, and $6,700,000 for construction of a
research and education facility at Jackson, Mississippi: Provided
further, That none of these funds shall be used for any project which
has not been considered and approved by the Congress in the budgetary
process.
For "construction, major projects" for the period July 1, 1976,
through September 30, 1976, $15,860,000, to remain available until
expended.
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, including planning, architectural and engineering
services, and site acquisition, or for any of the purposes set forth in
sections 5001, 5002 and 5004 of title 38, United States Code, where the
estimated cost of a project is less than $1,000,000, and for necessary
expenses of the Office of Construction, $106,426,000, to remain
available until expended.
For " Construction, minor projects" for the period July 1, 1976,
through September 30, 1976, $16,490,000, to remain available until
expended.
For grants to assist the several States to construct State nursing
home facilities and to remodel, modify or alter existing hospital and
domiciliary facilities in State homes, for furnishing care to veterans,
as authorized by law (38 U.S.C. 644 and 5031 - 5037), $10,000,000, to
remain available until September 30, 1978.
For payment to the Republic of the Philippines of grants as
authorized by law (38 U.S.C. 631 - 634), $2,100,000, of which $50,000
for hospital equipment, plant, and facilities rehabilitation grants
shall remain available until expended.
For " Grants to the Republic of the Philippines" for the period July
1, 1976, through September 30, 1976, $525,000, of which $13,000 for
hospital equipment, plant, and facilites rehabilitation grants shall
remain available until expended.
During the current fiscal year, the Loan guaranty revolving fund
shall be available for expenses, but not to exceed $550,000,000, for
property acquisitions, payment of participation sales insufficiencies,
and other loan guaranty and insurance operations under Chapter 37, title
38, United States Code, //38 USC 1801 et seq.// except administrative
expenses, as authorized by section 1824 of such title: Provided, That
the unobligated balances including retained earnings of the Direct loan
revolving fund shall be available, during the current fiscal year, for
transfer to the Loan guaranty revolving fund in such amounts as may be
necessary to provide for the timely payment of obligations of such fund
and the Administrator of Veterans Affairs shall not be required to pay
interest on amounts so transferred after the time of such transfer.
During the period July 1, 1976, through September 30, 1976, the Loan
guaranty revolving fund shall be available for expenses, but not to
exceed $150,000,000, for property acquisitions, payment of participation
sales insufficiencies, and other loan guaranty and insurance operations.
Not to exceed 5 per centum of any appropriation for the current
fiscal year for " Compensation and pensions", " Readjustment benefits",
and " Veterans insurance and indemnities" may be transferred to any
other of the mentioned appropriations, but not to exceed 10 per centum
of the appropriations so augmented.
Appropriations available to the Vertans Administration for the
current fiscal year for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
No part of the appropriations in this Act for the Veterans
Administration (except the appropriations for " Construction, major
projects" and " Construction, minor projects") shall be available for
the purchase of any site for or toward the construction of any new
hospital or home.
No part of the foregoing appropriations shall be available for
hospitalization or examination of any persons except beneficiaries
entitled under the laws bestowing such benefits to veterans, unless
reimbursement of cost is made to the appropriation at such rates as may
be fixed by the Administrator of Veterans Affairs.
The following corporations and agencies, respectively, 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.
Not to exceed $1,240,000 shall be available for administrative
expenses, which shall be on an accrual basis, and shall be exclusive of
interest paid, expenses (including expenses for fiscal agency services
performed on a contract or fee basis) in connection with the issuance
and servicing of securities, depreciation, properly capitalized
expenditures, fees for servicing morgages, expenses (including services
performed on a force account, contract or fee basis, but not including
other personal services) in connection with the acquisition, protection,
operation, maintenance, improvement, or disposition of real or personal
property belonging to said Association or in which it has an interest,
cost of salaries, wages, travel, and other expenses of persons employed
outside the continental United States, and all administrative expenses
reimbursable from other Government agencies and from the Federal
National Mortgage Association: Provided, That the distribution of
administrative expenses to the accounts of the Association shall be made
in accordance with generally recognized accounting principles and
practices.
For the period July 1, 1976, through September 30, 1976, not to
exceed $350,000 shall be available for administrative expenses.
Not to exceed a total of $14,665,000 shall be available for
administrative expenses of the Federal Home Loan Bank Board, which may
procure services as authorized by 5 U.S.C. 3109, and contracts for such
services with one organization may be renewed annually, and uniforms or
allowances therefor in accordance with law (5 U.S.C. 5901 - 5902), and
said amount shall be derived from funds available to the Federal Home
Loan Bank Board, including those in the Federal Home Loan Bank Board
revolving fund and receipts of the Board for the current fiscal year and
prior fiscal years, and the Board may utilize and may make payment for
services and facilities of the Federal home loan banks, the Federal
Reserve banks, the Federal Savings and Loan Insurance Corporation, the
Federal Home Loan Mortgage Corporation, and other agencies of the
Government (including payment for office space): Provided, That all
necessary expenses in connection with the conservatorship or liquidation
of institutions insured by the Federal Savings and loan Insurance
Corporation, liquidation or handling of assets of or derived from such
insured institutions, payment of insurance, and action for or toward the
avoidance, termination, or minimizing of losses in the case of such
insured institutions, or activities relating to section 5 A (f) or 6(i)
of the Federal Home Loan Bank Act, //12 USC 1425a, 1426.// section 5(d)
of the Home Owners' Loan Act of 1933, //12 USC 1464.// section 12(i) of
the Securities Exchange Act of 1934, //15 USC 781.// or section 406(c),
407, or 408 of the National Housing Act //12 USC 1729 - 1730a.// and all
necessary expenses (including services performed on a contract or fee
basis, but not including other personal services) in connection with the
handling, including the purchase, sale, and exchange, of securities on
behalf of Federal home loan banks, and the sale, issuance, and
retirement of, or payment of interest on, debentures or bonds, under the
Federal Home Loan Bank Act, as amended, shall be considered as
nonadministrative expenses for the purposes hereof: Provided further.
//12 USC 1428a note.// That members and alternates of the Federal
Savings and Loan Advisory Council shall be entitled to reimbursement
from the Board as approved by the Board for transportation expenses
incurred in attendance at meetings of or concerned with the work or such
Council and may be paid in lieu of subsistence per diem not to exceed
the dollar amount set forth in 5 U. S.C. 5703(d)(1): Provided further,
That expenses of any functions of supervision (except of Federal home
loan banks) vested in or exercisable by the Board shall be considered as
nonadministrative expenses: Provided further, That not to exceed $1,000
shall be available for official reception and representation expenses:
Provided further, That, notwithstanding any other provisions of this
Act, except for the limitation in amount hereinbefore specified, the
administrative expenses and other obligations of the Board shall be
incurred, allowed, and paid in accordance with the provisions of the
Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421
- 1449): Provided further, That the nonadministrative expenses (except
such part as the Board determines not to be field expense, which part
shal be treated as if expenses of supervision and examination were not
as such excluded from administrative expense, and except those included
in the first proviso hereof) for the supervision and examination of
Federal and State chartered institutions (other than special
examinations determined by the Board to be necessary) shall not exceed
$19,585,000.
Not to exceed $3,650,000 shall be available for administrative
expenses of the Federal Home Loan Bank Board with respect to the period
July 1, 1976, through September 30, 1976, and the provisions of the
paragraph next preceding this paragraph shall be applicable in the same
manner and to the same extent as if such period were a fiscal year,
except that the dollar amount last set forth in said paragraph shall
with respect to said period by $4,900,000.
Not to exceed $820,000 shall be available for administrative
expenses, which shall be on an accrual basis and shall be exclusive of
interest paid, depreciation, properly capitalized expenditures, expenses
in connection with liquidation of insured institutions or activities
relating to section 406(c), 407, or 408 of the National Housing Act,
//12 USC 1729 - 1730a.// liquidation or handling of assets of or derived
from insured institutions, payment of insurance, and action for or
toward the avoidance, termination, or minimizing of losses in the case
of insured institutions, legal fees and expenses and payments for
expenses of the Federal Home Loan Bank Board determined by said Board to
be properly allocable to said Corporation, and said Corporation may
utilize and may make payments for services and facilities of the Federal
home loan banks, the Federal Reserve banks, the Federal Home Loan Bank
Board, the Federal Home Loan Mortgage Corporation, and other agencies of
the Government: Provided, That, notwithstanding any other provisions of
this Act, except for the limitation in amount hereinbefore specified,
the administrative expenses and other obligations of said Corporation
shall be incurred, allowed, and paid in accordance with title IV of the
Act of June 27, 1934, as amended (12 U.S.C. 1724 - 1730b).
Not to exceed $203,000 shall be available for administrative expenses
of the Federal Savings and Loan Insurance Corporation with respect to
the period July 1, 1976, through September 30, 1976, and the provisions
of the paragraph next preceding this paragraph shall be applicable in
the same manner and to the same extent as if such period were a fiscal
year.
Sec. 401. Where appropriations in titles I and II of this Act are
expendable for travel expenses of employees and no specific limitation
has been placed thereon, the expenditures for such travel expenses may
not exceed ten per centum above the amounts set forth therefor in the
budget estimates submitted for the appropriations: Provided, That this
section shall not apply to travel performed by uncompensated officials
of local boards and appeal boards of the Selective Service System; to
travel performed directly in connection with care and treatment of
medical beneficiaries of the Veterans Administration; or to payments to
interagency motor pools where separately set forth in the budget
schedules: Provided further, That the limitation may be increased by
the Secretary when necessary to allow for travel performed by employees
of the Department of Housing and Urban Development as a result of
increased Federal Housing Administration inspection and appraisal
workload.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901 - 5902); hire of passenger motor vehicles; and services
as authorized by 5 U.S.C. 3109.
Sec. 403. Funds made available for the Department of Housing and
Urban Development under title III of this Act shall be available,
without regard to the limitations on administrative expenses, for legal
services on a contract or fee basis, and for utilizing and making
payment for services and facilities of Federal National Mortgage
Association, Government National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal home loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as amended
(12 U.S.C. 1811 - 1831).
Sec. 404. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals for projects
not specifically solicited by the Government: Provided, That the extent
of cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 405. 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 Service Act of 1949, //40 USC
490.// as amended, for space and services.
Sec. 406. 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 //88 Stat. 1784.// (P.L. 93 - 554).
Sec. 407. No part of the funds appropriated under this Act may be
used by the Environmental Protection Agency to administer or promulgate,
directly or indirectly, any program to tax, limit or otherwise regulate
parking that is not specifically required pursuant to subsequent
legislation.
Sec. 408. None of the funds provided by this Act shall be used to
deny or fail to act upon, on the basis of noise contours set forth in an
Air Installation Caompatible Use Zone Map, an otherwise acceptable
application for Federal Housing Administration mortgage insurance in
connection wiht construction in an area zoned for residential use in
Merced County, California.
Sec. 409. No funds appropriated by this Act may be expended--,
(1) pursuant to a certification of an officer or employee of
the United States unless--,
(A) such certification is accompanied by, or is part of, a
voucher or abstract which describes the payee or payees and the
items or services for which such expenditure is being made, or
(B) the expenditure of funds pursuant to such certification,
and without such a voucher or abstract, is specifically authorized
by law; and
(2) unless such expenditure is subject to audit by the General
Accounting Office or is specifically exempt by law from such an
audit.
This Act may be cited as the " Department of Housing and Urban
Development--Independent Agencies Appropriation Act, 1976".
legislative HISTORY:
HOUSE REPROTS: No. 94 - 313 (comm. on Appropriations) and No. 94 -
502 (Comm. of Conference).
SENATE REPORT No. 94 - 326 (Comm. on Appropriations).
Congressional Record, Vol 121 (1975):
June 24, considered and passed House.
July 26, considered and passed Senate, amended.
Oct. 3, House agreed to conference report; concurred in Senate
amendments with amendments; Senate ageed to conference report;
concurred in House amendments.
Public Law 94-115, 89 Stat 580
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That all right, title,
and interest of the United States in and to the following described
land, and improvements thereon, are hereby declared to be held by the
United States in trust for the pueblo of Laguna:
Township 9 north, range 3 west, section 30, northwest quarter and
south half, containing 480 acres, more or less;
Township 9 north, range 3 west, section 11, lots 1, 2, 3, 4, and 5,
containing 9.65 acres, more or less;
Township 9 north, range 3 west, section 12, lots 1 and 2, containing
3.68 acres, more or less;
Township 9 north, range 3 west, section 14, lots 1 and 2, containing
4.72 acres, more or less;
Township 9 north, range 3 west, section 23, lots 1 and 2, containing
9.16 acres, more or less;
Township 9 north, range 3 west, section 26, lots 1 and 2, containing
9.28 acres, more or less; and
Township 9 north, range 3 west, section 35, lots 1 and 2, containing
3.41 acres, more or less.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 478 accompanying H.R. 4804 (comm. on Nterior
and Insular Affairs).
SENATE REPORT No. 94 - 147 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 21, considered and passed Senate,
Oct. 6, considered and passed House, in lieu of H.R. 4804.
Public Law 94-114, 89 Stat. 577.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) except as
hereinafter provided, all of the right, title, and interest of the
United States of America in all of the land, and the improvements now
thereon, that was acquired under title II of the National Industrial
Recovery Act of June 16, 1933 (48 Stat. 200) //25 USC 459.//, the
Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115) //40
USC 401 - 411 a note.// , and section 55 of the Act of August 24, 1935
(49 Stat. 750, 781) //15 USC 724 - 728 note.// , and that are now
administered by the Secretary of the Interior for the use of benefit of
the Indian tribes identified in section 2 (a) of this Act, together with
all minerals underlying any such land whether acquired pursuant to such
Acts or otherwise owned by the United States, are hereby declared to be
held by the United States in trust for each of said tribes, and (except
in the case of the Cherokee Nation) shall be a part of the reservations
heretofore established for each of said tribes.
(b) The property conveyed by this Act shall be subject to the
appropriation or dispositon of any of the lands, or itherests therein,
within the Pine Ridge Indian Reservation, South Dakota, as authorized by
the Act of August 8, 1968 (82 Stat. 663) //16 USC 441j.// , and subject
to a reservation in the United States of a right to prohibit or restrict
improvements or structures on, and to continuously or intermittently
inundate or otherwise use, lands in sections 25 and 26, township 48
north, range 3 west, at Odanah, Wisconsin, in connection with the Bad
River flood control project as authorized by section 203 of the Act of
July 3, 1958 (72 Stat. 297, 311): Provided, That this Act shall not
convey the title to any part of the lands or any interest therein that
prior to enactment of this Act have been included int he authorized
water resources development projects in the Missouri River Basin as
authorized by section 203 of the Act of July 3, 1958 (72 Stat. 297,
311), as amended and supplemented: Proveded further, That such lands
included in Missouri River Basin projects shall be treated as former
trust lands are treated.
Sec. 2. //25 USC 459a.// (a) The lands, declared by section 1 of
this Act to be held in trust by the United States for the benefit of the
Indian tribes named in this section, are generally described as follows:
(Table Omitted).
(b) The Secretary of the Interior shall cause to be published in the
Federal Register the boundaries and descriptions of the lands conveyed
by this Act. The acreages set out in the preceding subsection are
estimates and shall not be construed as expanding or limiting the grant
of the United States as defined in section 1 of this Act.
Sec. 3. //25 USC 459b.// (a) All of the right, title, and interest
of the United States in all the minerals including gas and oil
underlying the submarginal lands declared to be held in trust for the
Stockbridge Munsee Indian Community by the Act of October 9, 1972 (86
Stat. 795), are hereby declared to be held by the United States in trust
for the Stockbridge Munsee Indian Community.
(b) Section 2 of said Act of October 9, 1972, is hereby repealed.
(c) Section 5 of the Act of October 13, 1972 (86 Stat. 806), relating
to the Burns Indian Colony is amended by striking the words "conveyed by
this Act" and inserting in lieu thereof the words "conveyed by section 2
of this Act".
Sec. 4. //25 USC 459c.// (a) Nothing in this Act shall deprive any
person of any existing valid right of possession, contract right,
interest, or title he may have in the land involved, or of any existing
right of access to public domain lands over and across the land ivolved,
as determined by the Secretary of the Interior. All existing mineral
leases, including oil and gas leases, which may have been issued or
approved pursuant to section 5 of the Mineral Leasing Act for Acquired
Lands of August 7, 1947 //30 USC 354.// (61 Stat. 913, 915), or the
Mineral Leasing Act of 1920 //30 USC 181 note.// (41 Stat. 437), as
amended prior to enactment of this Act, shall remain in force and effect
in accordance with the provisions thereof. All applications for mineral
leases, including oil and gas leases, pursuant to such Acts, pending on
the date of enactment of this Act and covering any of the minerals
conveyed by sections 1 and 3 of this Act shall be rejected and the
advance rental payments returned to the applicants.
(b) Subject to the provisions of subsection (a) of this section, the
property conveyed by this Act shall hereafter be administered in
accordance with the laws and regulations applicable to property held in
trust by the United States for Indian tribes, including but not limited
to the Act of May 11, 1938 (52 Stat. 347) //25 USC 396a.// , as amended.
Sec. 5. //25 USC 459d.// (a) Any and all gross receipts derived
from, or which relate to, the property conveyed by this Act, the Act of
July 20, 1956 (70 Stat. 581), the Act of August 2, 1956 (70 Stat. 941),
the Act of October 9, 1972 (86 Stat. 795), and section 1 of the Act of
October 13, 1972 (86 Stat. 806) //25 USC 465 note.// which were received
by the United States subsequent to its acquision by the United States
under the statutes cited in section 1 of this Act and prior to such
conveyance, from whatever source and for whatever purpose, including but
not limited to the receipts in the special fund of the Treasury as
required by section 6 of the Mineral Leasing Act for Acquired Lands of
August 7, 1947 (61 Stat. 913, 915) //30 USC 355.// , shall as of the
date of enactment of this Act be deposited to the credit of the Indian
tribe receiving such land and may be expended by the tribe for such
beneficial programs as the tribal governing body may determine:
Provided, That this section shall not apply to any such receipts
received prior to enactment of this Act from the leasing of public
domain minerals which were subject to the Mineral Leasing Act of 1920
(41 Stat. 437) //30 USC 181 note.// , as amended and supplemented.
(b) All gross receipts (including but not limited to bonuses, rents,
and royalties) hereafter derived by the United States from any contract,
permit or lease referred to in section 4 (a) of this Act, or otherwise,
shall be administered in accordance with the laws and regulations
applicable to receipts from property held in trust by the United States
for Indian tribes.
Sec. 6. All property conveyed to tribes pursuant to this Act and all
the receipts therefrom referred to in section 5 of this Act, shall be
exempt from Federal, State, and local taxation so long as such property
is held in trust by the United States. Any distribution of such
receipts to tribal members shall neither be considered as income or
resources of such members for purposes of any such taxation nor as
income, resources, or otherwise utilized as the basis for denying or
reducing the financial assistance or other benefits to which such member
or his household would otherwise be entitled to under the Social
Security Act or any other Federal or federally assisted program. //42
USC 301 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 480 accompanying H.R. 5778 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 94 - 377 (comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 19, considered and passed Senate.
Oct. 6, considered and passed House, amended, in lieu of H.R.
5778.
oct. 7, Senate concurred in House amendment.
PUBLIC LAW 94-113, 89 STAT. 576, FEDERAL RULES OF EVIDENCE,
Amendments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That rule 801(d)(1) of
the Federal Rules of Evidence (88 Stat. 1938) is amended by adding at
the end thereof a new clause (C), as follows: "(C) one of
identification of a person made after perceiving him; or".
Sec. 2. This Act shall become effective on the fifteenth day after
the date of the enactment of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 355 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 199 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 19, considered and passed Senate.
Oct. 6, considered and passed House, amended.
Oct. 7, Senate concurred in House amendments.
Public Law 94-112, 89 Stat. 575, Water Resources Council, Membership.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Water Resources
Planning Act of 1965 //42 USC 1962 note.// (79 Stat. 244, as amended) is
hereby further amended as follows:
(a) By deleting in section 101 //42 USC 1962a.// the words "the
Secretary of Health, Education, and Welfare," and inserting in lieu
thereof "the Secretary of Commerce, the Secretary of Housing and Urban
Development, the Secretary of Transportation, the Administrator of the
Environmental Protection Agency,".
(b) By deleting in section 105(a)(5) //42 USC 1962a-4.// the words
"to exceed $100 per diem for individuals" and inserting in iieu thereof
"in excess of the daily equivalent of the rate prescribed for grade
GS-18 under section 5332 of title 5 of the United States Code in the
case of individual experts or consultants;".
(c) By deleting in section 205(a)(4) //42 USC 1962b-4.// the words
"to exceed $100 per diem" and inserting in lieu thereof "in excess of
the daily equivalent of the rate prescribed for grade GS-18 under
section 5332 of title 5, United States Code,".
(d) By deleting in section 301(a) //42 USC 1962c.// the words "for
the next fiscal year beginning after the date of the enactment of this
Act, and for the nine succeeding fiscal years thereafter" and inserting
in lieu thereof "for fiscal years 1977 and 1978,".
(e) By deleting immediately after the phrase "(c) not to exceed" in
section 401(c) //42 USC 1962d.// the words "$3,500,000 annually for
fiscal years 1974 and 1975" and inserting in lieu thereof "a total of
$10,000,000 for fiscal years 1976 and 1977".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 504 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 408 accompanying S. 506 (Comm. on Interior and
Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 6, considered and passed House.
Oct. 7, considered and passed Senate, in lieu of S. 506.
Public Law 94-111, 89 Stat. 574.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
rescissions of budget authority contained in the message of the
President of July 26, 1975 (H. Doc. 94 - 225), are made pursuant to the
Impoundment Control Act of 1974, //31 USC 1301 note.// namely:
Contract authority under this head provided by Public Law 87 - 122
//75 Stat. 246.// for the fiscal year 1976 is rescinded in the amount of
$47,500,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 496 (Comm. on Appropriations).
SENATE REPORT No. 94 - 403 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 24, considered and passed Houses.
Oct. 2, considered and passed Senate.
Public Law 94-110, 89 Stat. 572.
Whereas an agreement signed on September 4, 1975, by the Government
//22 USC 2441 note.// of the Arab Republic of Egypt and the Government
of Israel may, when it enters into force, constitute a significant step
toward peace in the Middle East;
Whereas the President of the United States on September 1, 1975,
transmitted to the Government of the Arab Republic of Egypt and to the
Government of Israel identical proposals for United States participation
in an early-warging system, the text of which has been submitted to the
Congress, providing for the assignment of no more than two hundred
United States civilian personnel to carry out certain specified
noncombat functions and setting forth the terms and conditions thereof;
Whereas that proposal would permit the Government of the United
States to withdraw such personnel if it concludes that their safety is
jeopardized or that continuation of their role is no longer necessary;
and
Whereas the implementation of the United States proposal for the
early-warning system in Sinai may enhance the prospect of compliance in
good faith with the terms of the Egyptian-Israeli agreements and thereby
promote the cause of peace: 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
authorized to implement the " United States Proposal for the Early
Warning System in Sinai": //22 USC 2441 note.// Provided, however, That
United States civilian personnel assigned to Sinai under such proposal
shall be removed immediately in the event of an outbreak of hostilities
between Egypt and Israel or if the Congress by concurrent resolution
determines that the safety of such personnel is jeopardized or that
continuation of their role is no longer necessary. Nothing contained in
this resolution shall be construed as granting any authority to the
President with respect to the introduction of United States Armed Forces
into hostilities or into situations wherein involvement in hostilities
is clearly indicated by the circumstances which authority he would not
have had in the absence of this joint resolution.
Sec. 2. Any concurrent resolution of the type described in the first
section of this resolution //22 USC 2441 note.// which is introduced in
either House of Congress shall be privileged in the same manner and to
the same extent as a concurrent resolution of the type described in
section 5(c) of Public Law 93 - 148 is privileged under section 7 of
such law. //50 USC 1544, 1546.//
Sec. 3. The United States civilian personnel participating in the
early warning system in Sinai shall include only individuals who have
volunteered to participate in such system. //22 USC 2441 note.//
Sec. 4. Whenever United States civilian personnel, //22 USC 2441
note.// pursuant to this resolution, participate in an early warning
system, the President shall, so long as the participation of such
personnel continues, submit written reports to the Congress
periodically, but no less frequently than once every six months, on (1)
the status, scope, and anticipated duration of their participation, and
(2) the feasibility of ending or reducing as soon as possible their
participation by substituting nationals of other countries or by making
technological changes. The appropriate committees of the Congress shall
promptly hold hearings on each report of the President and report to the
Congress any findings, conclusions, and recommendations.
Sec. 5. The authority contained in this joint resolution to implement
the " United States Proposal for the Early Warning System in Sinai" does
not signify approval of the Congress of any other agreement,
understanding, or commitment made by the executive branch. //22 USC
2441 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 532 (Comm. on International Relations).
SENATE REPORT No. 94 - 415 accompanying S.J. Res. 138 (Comm. on
Foreign Relations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 8, considered and passed House.
Oct. 9, considered and passed Senate, in lieu of S.J. Res.
138.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 42:
Oct. 13, Presidential statement.
Public Law 94-109, 89 Stat. 571, Federal Insecticide, Fungicide, and
Rodenticide Act, Extention.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 27 of the
Federal Insecticide, Fungicide, and Rodenticide Act, //7 USC 136y.// as
amended (7 U.S.C. 136(y)), is amended by adding at the end of such
section the following: " There is hereby authorized to be appropriated
to carry out the provisions of this Act for the period beginning October
1, 1975, and ending November 15, 1975, the sum of $5,983,500.".
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 383 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 23, considered and passed Senate.
Sept. 30, considered and passed House, amended.
Oct. 2, Senate concurred in House amendment.
Public Law 94-108, 89 Stat. 570.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) item 907.80 of
the Appendix to the Tariff Schedules of the United States (19 U.S.C.
1202) is amended by striking out "9/30/75" and inserting in lieu thereof
"6/30/78". //19 USC 1202 note.//
(b) The amendment made by subsection (a) shall apply with respect to
articles entered, or withdrawn from warehouse, for consumption after
September 30, 1975.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 299 (Comm. on Ways and Means).
SENATE Report No. 94 - 342 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed House.
Sept. 25, considered and passed Senate.
Public Law 94-107, 89 Stat. 546, Military Construction and Guard and
Reserve Forces Facilities Authorization Acts, 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. The Secretary of the Army may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment for the following acquisition and construction:
Defense Support Activity (Fargo Building), Boston Massachusetts,
$8,000,000.
Fort Bragg, North Carolina, $13,214,000.
Fort Campbell, Kentucky, $13,680,000.
Fort Carson, Colorado, $10,732,000.
Fort Hood, Texas, $46,281,000.
Fort Sam Houston, Texas, $870,000.
Fort Lewis, Washington, $31,861,000.
Fort George G. Meade, Maryland, $2,892,000.
Fort Ord, California, $32,209,000.
Fort Polk, Louisiana, $54,361,000.
Fort Richardson, Alaska, $1,685,000.
Fort Riley, Kansas, $14,879,000.
Fort Stewart/ Hunter Army Airfield, Georgia, $39,480,000.
Fort Benning, Georgia, $44,212,000.
Fort Eustis, Virginia, $633,000.
Fort Gordon, Georgia, $6,945,000.
Fort Jackson, South Carolina, .14,546,000.
Fort Knox, Kentucky, $42,898,000.
Fort Lee, Virginia, $719,000.
Fort Mc Clellan, Alabama, $41,090,000.
Fort Rucker, Alabama, $13,239,000.
Fort Sill, Oklahoma, $15,772,000.
Fort Leonard Wood, Missouri, $4,984,000.
Aberdeen Proving Ground, Maryland, $7,000,000.
Aeronautical Depot Maintenance Center, Texas, $642,000.
Army Materials and Mechanics Research Center, Massachusetts,
$976,000.
Natick Laboratories, Massachusetts, $222,000.
Redstone Arsenal, Alabama, $1,571,000.
Sierra Army Depot, California, $1,160,000.
White Sands Missile Range, New Mexico, $3,715,000.
Yuma Proving Ground, Arizona, $778,000.
Fort Huachuca, Arizona, $7,517,000.
Camp Roberts, California, $415,000.
United States Military Academy, West Point, New York, $3,883,000.
Fort Detrick, Maryland, $972,000.
Walter Reed Army Medical Center, Washington, District of Columbia,
$3,580,000.
Various locations: Air Pollution Abatement, $5,779,000.
Various locations: Water Pollution Abatement, $51,961,000.
Various locations, $16,547,000.
Various locations, $31,963,000.
Various locations, $2,652,000.
Fort Buchanan, Puerto Rico, $2,480,000.
Fort Sherman, Canal Zone, $1,400,000.
Various locations, $9,281,000.
Various locations, $1,176,000.
Germany, various locations, $20,599,000.
Camp Darby, Italy, $3,589,000.
Various locations: For the United States share of the cost of
multilateral programs for the acquisition or construction of military
facilities and installations, including international military
headquarters, for the collective defense of the North Atlantic Treaty
Area, $80,000,000 and an additional $20,000,000 for the period July 1,
1976, through September 30, 1976. Within thirty days after the end of
each quarter, the Secretary of the Army shall furnish to the Committees
on Armed Services and on Appropriations of the Senate and House of
Representatives a description of obligations incurred as the United
States share of such multilateral programs.
Various locations, $34,000,000.
Sec. 102. The Secretary of the Army may establish or develop Army
installations and facilities by proceeding with construction made
necessary by changes in Army missions and responsibilities which have
been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, or (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security, and in connection therewith to
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$10,000,000. The Secretary of the Army, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public works undertaken
under this section, including those real estate actions pertaining
thereto. This authorization shall expire upon enactment of the fiscal
year 1977 Military Construction Authorization Act except for those
public works projects concerning which the Committees on Armed Services
of the Senate and House of Representatives have been notified pursuant
to this section prior to that date.
Sec. 103. (a) Public Law 88 - 390, as amended, is amended under the
heading " Inside the United States" in section 101 //78 Stat. 341.// as
follows:
(1) With respect to Letterman General Hospital, California, strike
out "$15,424,000" and insert in place thereof "$15,704,000".
(b) Public Law 88 - 390 as amended, is amended by striking out in
clause (1) of section 602 //84 Stat. 1208.// "$257,098,000" and
"$308,159,000" and inserting in place thereof "$257,378,000" and
"$308,439,000", respectively.
Sec. 104. (a) Public Law 90 - 110, as amended, is amended under the
heading " Inside the United States" in section 101 //81 Stat. 664.// as
follows:
With respect to Fort Lee, Virginia, //84 Stat. 1208.// strike out
"$2,575,000" and insert in place thereof "$3,615,000".
(b) Public Law 90 - 110, as amended, is amended by striking out in
clause (1) of section 802 //87 Stat. 664.// "$288,355,000" and
"$391,748,000" and inserting in place thereof "$289,395,000" and
"$392,788,000", respectively.
Sec. 105. (a) Public Law 92 - 145, as amended, is amended under the
heading " Inside the United States" in section 101 //85 Stat. 395.// as
follows:
With respect to Walter Reed Army Medical Center, District of
Columbia, strike out "$112,500,000" and insert in place thereof
"$134,652,000".
(b) Public Law 92 - 145, as amended, is amended by striking out in
clause (1) of section 702 //86 Stat. 1138.// "$363,626,000" and
"$405,607,000" and inserting in place thereof "$385,778,000" and
"$427,759,000", respectively.
Sec. 106. (a) Public Law 93 - 166, as amended, is amended under the
heading " Inside the United States" in section 101 //87 Stat. 661.// as
follows:
(1) With respect to Fort Polk, Louisiana, strike out "$29,276,000"
and insert in place thereof "$44,536,000".
(2) With respect to Eglin Air Force Base, Florida, strike out
"$2,950,000" and insert in place thereof "$3,461,000".
(3) With respect to Fort Rucker, Alabama, strike out "$3,987,000" and
insert in place thereof "$4,810,000".
(4) With respect to Fort Leonard Wood, Missouri, strike out
"$44,482,000" and insert in place thereof "$54,283,000".
(5) With respect to Aeronautical Depot Maintenance Center, Texas,
strike out "$6,284,000" and insert in place thereof "$7,353,000".
(6) With respect to Natick Laboratories, Massachusetts, strike out
"$466,000" and insert in place thereof "$617,000".
(7) With respect to White Sands Missile Range, New Mexico, strike out
"$3,843,000" and insert in place thereof "$6,339,000".
(8) With respect to Yuma Proving Ground, Arizona, strike out
"$6,472,000" and insert in place thereof "$7,991,000".
(b) Public Law 93 - 166, as amended, is amended by striking out in
clause (1) of section 602 //87 Stat. 679; 88 Stat. 1747.//
"$485,827,000" and "$599,927,000" and inserting in place thereof
"$517,457,000" and "$631,557,000", respectively.
Sec. 107. (a) Public Law 93 - 552 is amended under the heading "
Inside the United States" in section 101 //88 Stat. 1745.// as follows:
(1) With respect to Fort Benning, Georgia, strike out "$36,827,000"
and insert in place thereof "$37,156,000".
(2) With respect to Fort Jackson, South Carolina, strike out
"$19,078,000" and insert in place thereof "$21,296,000".
(b) Public Law 93 - 552 is amended under the heading " Outside the
United States" in section 101 as follows:
With respect to Fort Bucknew, Okinawa, strike out "$532,000" and
insert in place thereof "$944,000".
(c) Public Law 93 - 552 is amended by striking out in clause (1) of
section 602 //88 Stat. 1760.// "$491,695,000", "120,184,000", and
"$611,879,000" and inserting in place thereof "$494,215,000",
"$120,596,000", and "$614,811,000", respectively.
Sec. 201. The Secretary of the Navy may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment for the following acquisition and construction:
Naval Submarine Base, New London, Connecticut, $17,513,000.
Naval Weapons Station, Earle, New Jersey, $879,000.
Naval Underwater Systems Center, New London, Dresden, New York,
$150,000.
Naval District, Washington, District of Columbia, $400,000.
Naval Research Laboratory, Washington, District of Columbia,
$4,824,000.
National Naval Medical Center, Bethesda, Maryland, $100,000,000.
Uniformed Services University of the Health Sciences, Bethesda,
Maryland, $64,900,000.
Naval Ship Research Development Center, Carderock, Maryland,
$550,000.
Naval Surface Weapons Center, Dahlgren, Virginia, $2,375,000.
Fleet Combat Direction Systems Training Center, Atlantic, Dam Neck,
Virginia, $4,383,000.
Commander in Chief, Atlantic Fleet, Norfolk, Virginia, $4,246,000.
Naval Air Station, Oceana, Virginia, $3,293,000.
Naval Weapons Station, Yorktown, Virginia, $14,743,000.
Naval Air Station, Cecil Field, Florida, $2,557,000.
Naval Air Station, Jacksonville, Florida, $3,382,000.
Naval Station, Mayport, Florida, $3,169,000.
Naval Hospital, Orlando, Florida, $2,978,000.
Naval Training Center, Orlando, Florida, $5,588,000.
Naval Air Station, Pensacola, Florida, $4,282,000.
Naval Air Station, Whiting Field, Florida, $500,000.
charleston Naval Shipyard, Charleston, South Carolina, $2,748,000.
Fleet Ballistic Missile Submarine Training Center, Charleston, South
Carolina, $250,000.
Naval Station, Charleston, South Carolina, $2,100,000.
Polaris Missile Facility, Atlantic, Charleston, South Carolina,
$195,000.
Naval Personnel Center, New Orleans, Louisiana, $21,300,000.
Naval Support Activity, New Orleans, Louisiana, $1,856,000.
Naval Training Center, Great Lakes, Illinois, $10,448,000.
Navy Public Works Center, Great Lakes, Illinois, $1,151,000.
National Parachute Test Range, El Centro, California, $1,345,000.
Long Beach Naval Shipyard, Long Beach, California, $3,322,000.
Naval Air Station, Miramar, Califronia, $20,746,000.
Naval Air Station, North Island, California, $13,817,000.
Naval Electronics Laboratory Center, San Diego, California,
$3,795,000.
Naval Weapons Station, Concord, California, $264,000.
Naval Air Station, Moffett Field, California, $2,400,000.
Naval Air Station, Fallon, Nevada, $554,000.
Naval Regional Medical Center, Bremerton, Washington, $29,959,000.
Naval Air Station, Whidbey Island, Washington, $1,082,000.
Naval Station, Pearl Harbor, Hawaii, $7,078,000.
Naval Submarine Base, Pearl Harbor, Hawaii, $2,605,000.
Naval Communication Station, Honolulu, Wahiawa, Hawaii, $2,500,000.
Marine Corps Base, Camp Lejeune, North Carolina, $13,423,000.
Marine Corps Air Station, Cherry Point, North Carolina, $3,547,000.
Marine Corps Air Station, New River, North Carolina, $1,983,000.
Marine Corps Air Station, Beaufort, South Carolina, $2,782,000.
Marine Corps Air Station, Yuma, Arizona, $1,164,000.
Marine Corps Supply Center, Barstow, California, $700,000.
Marine Corps Base, Camp Pendleton, California, $9,480,000.
Marine Corps Air Station, El Toro, California, $2,000,000.
Marine Corps Base, Twentynine Palms, California, $3,159,000.
Marine Corps Air Station, Kaneohe Bay, Hawaii, $5,410,000.
Various locations: Trident facilities, $186,967,000, of which not
more than $7,000,000 shall be available for community impact assistance
as authorized by section 608 of Public Law 93 - 552.
Various locations: Air pollution abatement, $3,262,000.
Various locations: Water pollution abatement, $44,827,000.
Various locations, $28,828,000.
Various locations, $6,580,000.
Atlantic Fleet Weapons Range, Roosevelt Roads, Puerto Rico,
$2,128,000.
Naval Air Station, Bermunda, $78,000.
Naval Air Station, Guantanamo Bay, Cuba, $3,264,000.
Naval Station, Guantanamo Bay, Cuba, $450,000.
Naval Support Activity, Diego Garcia, Chagos Archipelago,
$13,800,000.
Naval Communication Station, Finegayan, Guam, Mariana Islands,
$1,200,000.
Various locations: Water Pollution Abatement, $250,000.
Sec. 202. The Secretary of the Navy may establish or develop Navy
installations and facilities by proceeding with construction made
necessary by changes in Navy missions and responsibilities which have
been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security, and in connection therewith to
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$10,000,000. The Secretary of the Navy, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a decision to implement, of
the cost of construction of any public works undertaken under this
section, including those real estate actions pertaining thereto. This
authorization shall expire upon enactment of the fiscal year 1977
Military Construction Authorization Act, except for those public works
projects concerning which the Committees on Armed Services of the Senate
and House of Representatives have been notified pursuant to this section
prior to that date.
Sec. 203. (a) Public Law 90 - 408, as amended, is amended under the
heading " Inside the United States" in section 201 //82 Stat. 373.// as
follows:
(1) With respect to Naval Coastal Systems Laboratory, Panama City,
Florida, //87 Stat. 669.// strike out "$9,397,000" and insert in place
thereof $11,321,000".
(2) With respect to Naval Postgraduate School, Monterey, California,
//82 Stat. 376.// strike out "$1,847,000" and insert in place thereof
"$2,064,000".
(b) Public Law 90 - 408, //88 Stat. 751.// as amended, is amended by
striking out in clause (2) of section 802 "$244,059,000" and
"$250,924,000" and inserting in place therof "$246,200,000" and
"$253,065,000", respectively.
Sec. 204. (a) Public Law 91 - 511, as amended, is amended under the
heading " Inside the United States" in section 201 //84 //84 Stat.
1209.// as follows:
(1) With respect to OMEGA Navigation Station, Haiku, Oahu, Hawaii,
strike out "$3,162,000" and insert in place thereof "$3,762,000".
(b) Public Law 91 - 511, as amended, is amended by striking out in
clause (2) of section 602 //88 Stat. 1752.// "$247,869,000" and
"$275,007,000" and inserting in place thereof "$248,469,000" and
"$275,607,000", respectively.
Sec. 205. (a) Public Law 92 - 545, as amended, is amended under the
heading " Inside the United States" in section 201 //86 Stat. 1138.// as
follows:
(1) With respect to Naval Shipyard, Charleston, South Carolina,
strike out "$5,316,000" and insert in place thereof "$7,916,000".
(2) With respect to Naval Shipyard, Puget Sound, Bremerton,
Washington, strike out "$5,992,000" and insert in place thereof
"$7,792,000".
(b) Public Law 92 - 545, as amended , is amended by striking out in
clause (2) of section 702 //88 Stat. 1752.// "$488,493,000" and
"$533,410,000" and inserting in place thereof "$492,893,000" and
"$537,810,000", respectively.
Sec. 206. (a) Public Law 93 - 166, as amended, is amended under the
heading " Inside the United States" insection 201 //87 Stat. 664.// as
follows:
(1) With respect to Portsmouth Naval Shipyard, Portsmouth, Kittery,
Maine, strike out "$2,817,000" and insert in place thereof "$5,617,000".
(2) With respect to Naval Station, Norfolk, Virginia, strike out
"$18,183,000" and insert in place thereof "$20,472,000".
(3) With respect to Long Beach Naval Shipyard, Long Beach,
California, strike out "$6,808,000" and insert in place thereof
"$11,508,000".
(4) With respect to Navy Public Works Center, San Diego, California,
strike out "$2,471,000" and insert in place thereof "$5,982,000".
(5) With respect to Puget Sound Navy Shipyard, Bremerton, Washington,
strike out "$2,300,000" and insert in place thereof "$3,531,000".
(6) With respect to Naval Station, Pearl Harbor, Hawaii, strike out
"$4,060,000" and insert in place thereof "$4,824,000".
(7) With respect to Marine Corps Air Station, Cherry Point, North
Carolina, strike out "$1,821,000" and insert in place thereof
"$9,700,000".
(8) With respect to Marine Corps Air Station, New River, North
Carolina, strike out "$3,245,000" and insert in place thereof
"$6,755,000"9
(9) With respect to Marine Corps Supply Center, Barstow, California,
//88 Stat. 1752.// strike out "$6,210,000" and insert in place thereof
"$6,862,000".
(10) With respect to Marine Corps Air Station, Kaneohe Bay, Hawaii,
//87 Stat. 667.// strike out "$5,988,000" and insert in place thereof
"$6,495,000".
(b) Public Law 93 - 166, as amended, is amended by striking out in
clause (2) of section 602 //88 Stat. 17529// "$522,006,000" and
"580,839,000" and inderting in place thereof "$549,849,000" and
"$608,682,000", respectively.
Sec. 207. (a) Public Law 93 - 552 is amended under the heading "
Inside the United States" in section 201 //88 Stat. 1748.// as follows:
(1) With respect to Naval Air Station, Cecil Field, Florida, strike
out "$6,893,000" and insert in place thereof "$9,214,000".
(2) With respect to Naval Station, Mayport, Florida, strike out
"$3,239,000" and insert in place thereof "$3,654,000".
(3) With respect to Naval Air Station, Corpus Christi, Texas, strike
out "$1,830,000" and insert in place thereof "$5,430,000".
(4) With respect to Naval Air Station, Miramar, California, strike
out "$11,772,000" and insert in place thereof "$13,732,000".
(5) With respect to Naval Air Station, North Island, California,
strike out "$12,943,000" and insert in place thereof "$14,903,000".
(6) With respect to Naval Station, Adak, Alaska, strike out
"$7,697,000" and insert in place thereof "$10,642,000".
(7) With respect to Puget Sound Naval Shipyard, Bremerton,
Washington, strike out "$393,000" and insert in place thereof
"$623,000".
(8) With respect to Marine Corps Air Station, Kaneohe Bay, Hawaii,
strike out "$5,497,000" and insert in place thereof "$5,606,000".
(b) Public Law 93 - 552 is amended by striking out in clause (2) of
section 602 //88 Stat. 1760.// "$509,498,000" and "$550,956,000" and
inserting in place thereof "$523,038,000" and "$564,496,000",
respectively.
Sec. 301. The Secretary of the Air Force may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment for the following acquisition and construction:
Tyndall Air Force Base, Panama City, Florida, $10,697,000.
Kelly Air Force Base, San Antonio, Texas, $4,366,000.
Mc Clellan Air Force Base, Sacramento, California, $3,461,000.
Newark Air Force Station, Newark, Ohio, $2,117,000.
Robins Air Force Base, Warner Robins, Georgia, $6,517,000.
Tinker Air Force Base, Oklahoma City, Oklahoma, $12,179,000.
Wright-Patterson Air Force Base, Dayton, Ohio, $8,038,000.
Edward Air Force Base, Muroc, California, $5,330,000.
Eglin Air Force Base, Valpariso, Florida, $8,390,000.
Kirtland Air Force Base, Albuquerque, New Mexico, $5,373,000.
Columbus Air Force Base, Columbus, Mississippi, $1,453,000.
Craig Air Force Base, Alabama, $419,000.
Keesler Air Force Base, Biloxi, Mississippi, $43,140,000.
lackland Air Force Base, San Antonio, Texas, $104,596,000.
Laughlin Air Force Base, Del Rio, texas, $11,017,000.
lowry Air Force Base, Denver, Colorado, $9,162,000.
Randolph Air Force Base, San Antonio, Texas, $5,128,000.
Vance Air Force Base, Enid, Oklahoma, $1,270,000.
Webb Air Force Base, Big Spring, Texas, $4,382,000.
Eielson Air Force Base, Fairbanks, Alaska, $471,000.
Elmendorf Air Force Base, Anchorage, Alaska, $568,000.
Various locations, $12,468,000.
Andrews Air Force Base, Camp Springs, Maryland, $6,906,000.
Bolling Air Force Base, Ashington, District of Columbia, $3,089,000.
Altus Air Force Base, Altus, Oklahoma, $996,000.
Mc Chord Air Force Base, Tacoma, Washington, $1,189,000.
Mc Guire Air Force Base, Wrightstown, New Jersey, $1,740,000.
Scott Air Force Base, Belleville, Illinois, $1,488,000.
Beale Air Force Base, Marysville, California, $3,590,000.
Carswell Air Force Base, Fort Worth, Texas, $1,992,000.
Fairchild Air Force Base, Spokane, Washington, $1,000,000.
Griffiss Air Force Base, Rome, New York, $372,000.
Kincheloe Air Force Base, Kinross, Michigan, $670,000.
Malmstrom Air Force Base, Great Falls, Montana, $662,000.
Offutt Air Force Base, Omaha, Nebraska, $1,437,000.
Plattsburgh Air Force Base, Plattsburgh, New York, $400,000.
Vandenberg Air Force Base, Lompoc, California, $2,696,000.
Wurtsmith Air Force Base, Oscoda, Michigan, $447,000.
Cannon Air Force Base, Clovis, New Mexico, $1,876,000.
George Air Force Base, Victorville, California, $3,646,000.
Langley Air Force Base, Hampton, Virginia, $1,336,000.
Luke Air Force Base, Glendale, Arizona, $439,000.
Mountain Home Air Force Base, Mountain Home, Idaho, $8,541,000.
Nellis Air Force Base, Las Vegas, Nevada, $990,000.
Seymour Johnson Air Force Base, Goldsboro, North Carolina, $612,000.
Various locations: Iar Pollution Abatement, $600,000.
Various locations: Water Pollution Abatement, $10,098,000.
Various locations, $43,952,000.
Various location, $9,866,000.
Various locations, $7,909,000.
Germany, $5,346,000.
United Kingdom, $13,524,000.
Various locations, $74,738,000.
Various locatons, $981,000.
Various locations, $2,666,000.
Vaious locations, $5,591,000.
Sec. 302. The Secretary of the Air Force may establish or develop
classified military installations and facilities by acquiring,
constructing, converting, rehabilitating, and installing permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$3,982,000.
Sec. 303. The Secretary of the Air Force may establish or develop Air
Force installations and facilities by proceeding with construction made
necessary by changes in Air Force missions and responsibilities which
have been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security, and in connection therewith to
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment in the total amount of
$10,000,000. The Secretary of the Air Force, or his designee, shall
notify the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public works undertaken
under this section, including those real estate actions pertaining
thereto. This authorization shall expire upon enactment of the fiscal
year 1977 Military Construction Authorization Act, except for those
public works projects concerning which the Committees on Armed Services
of the Senate and House of Representatives have been notified pursuant
to this section prior to that date.'
Sec. 304. (a) Section 301 of Public Law 91 - 511, //84 Stat. 1213.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " AIR TRAINING COMMAND" with respect to
Laughlin Air Force Base, Del Rio, Texas, strike out "$310,000" and
insert in place thereof "$375,000".
(2) Under the subheading " AIR TRAINING COMMAND" with respect to
Reese Air Force Base, Lubbock, Texas, strike out "$1,047,000" and insert
in place thereof "$1,110,000".
(3) Under the subheading " AIR TRAINING COMMAND" with respect to Webb
Air Force Base, Big Spring, Texas, strike out "$349,000" and insert in
place thereof "$416,000".
(b) Public Law 91 - 511, as amended, is further amended by striking
out in clause (3) of section 602 //85 Stat. 404.// "$192,133,000" and
"$256,385,000" and inserting in place thereof $192,328,000" and
"$256,580,000", respectively.
Sec. 305. (a) Section 301 of Public Law 92 - 145, //85 Stat. 401.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " AIR TRAINING COMMAND" with respect to
Lowry Air Force Base, Denver, Colorado, strike out "$8,435,000" and
insert in place thereof "$8,902,000".
(b) Public Law 92 - 145, as amended, is further amended by striking
out in clause (3) of section 702 //87 Stat. 672.// "$226,697,000" and
inserting in place thereof "$227,164,000" and "$248,027,000",
respectively.
Sec. 306. (a) Section 301 of Public Law 92 - 545, //86 Stat. 1143.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " AIR FORCE SYSTEMS COMMAND" with respect to
Edwards Air Force Base, Muroc, California, strike out "$534,000" and
insert in place thereof "$828,000".
(b) Public Law 92 - 545, as amended, is further amended by striking
out in clause (3) of section 702 //87 Stat. 672.// "$234,125,000" and
"$292,683,000" and inserting in place thereof "$234,419,000" and
"$292,977,000", respectively.
Sec. 307. (a) Section 301 of Public Law 93 - 166, //87 Stat. 669.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " STRATEGIC AIR COMMAND" with respect to
Kincheloe Air Force Base, Kinross, Michigan, strike out "$2,430,000" and
insert in place thereof "$2,893,000".
(b) Section 301 of Public Law 93 - 166, as amended, is amended under
the heading " Outside the United States" as follows:
(1) Under the subheading " UNITED STATES AIR FORCES IN EUROPE" with
respect to Germany, strike out "$5,181,000" and insert in place thereof
"$6,663,000".
(2) Under the subheading " UNITED STATES AIR FORCE SOUTHERN COMMAND"
with respect to Howard Air Force Base, Canal Zone, strike out "$927,000"
and insert in place thereof "$1,827,000".
(c) Public Law 93 - 166, as amended, is further amended by striking
out in clause (3) of section 602 //87 Stat. 679; 88 Stat. 1756.//
"$260,727,000", "$21,302,000" and "$283,029,000" and inserting in place
thereof "$261,190,000", "$23,684,000" and "$285,874,000", respectively.
Sec. 308. (a) Section 301 of Public Law 93 - 552, //87 Stat. 1752.//
is amended under the heading " Inside the United States" as follows:
(1) Under the subheading " AIR TRAINING COMMAND" with respect to
Reese Air Force Base, Lubbock, Texas, //88 Stat. 1753.// strike out
"$836,000" and insert in place thereof "$1,194,000".
(2) Under the subheading " AIR TRAINING COMMAND" with respect to Webb
Air Force Base, Big Spring, Texas, stike out "$776,000" and insert in
place thereof "$1,673,000".
(b) Public Law 93 - 552 is further amended by striking out in clause
(3) of section 602 //88 Stat. 1760.// "$307,786,000" and "$390,773,000"
and inserting in place thereof "$309,041,000" and "$392,028,000",
respectively.
Sec. 401. The Secretary of Defense may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, for defense agencies for the following acquisition and
construction:
Defense Mapping Agency Topographic Center, Bethesda, Maryland,
$195,000.
Defense Depot, Memphis, Tennessee, $377,000.
Defense Electronics Supply Center, Dayton, Ohio, $96,000.
Defense Fuel Support Point, Melville, Newport, Rhode Island,
$352,000.
Defense Fuel Support Point, Norwalk, California, $197,000.
Defense Property Disposal Office, Colorado Springs, Colorado,
$440,000.
Defense Property Disposal Office, Elmendorf, Alaska, $403,000.
Defense Property Disposal Office, Monterey, California, $635,000.
Defense Personnel Support Center, Philadelphia, Pennsylvania,
$1,400,000.
Fort George G. Meade, Maryland, $3,012,000.
Various locations: Air Pollution Abatement, $2,426,000.
Various locations: Water Pollution Abatement, $322,000.
Various locations, $175,000.
Johnston Atoll, $4,033,000.
Enewetak Auxiliary Airfield, $20,000,000.
Defense Property Disposal Office, Nuremberg, Germany, $500,000.
Defense Property Disposal Office, Seckenheim, Germany, $237,000.
Sec. 402. The Secretary of Defense may establish or develop
installations and facilities which he determines to be vital to the
security of the United States, and in connection therewith to acquire,
construct, convert, rehabilitate, or install permanent or temporary
public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment in the total amount of
$10,000,000. The Secretary of Defense, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public works undertaken
under this section, including real estate actions pertaining thereto.
Sec. 403. (a) Public Law 92 - 545, as amended, is amended under the
heading " Inside the United States" under the subheading " DEFENSE
SUPPLY AGENCY" in section 401 //86 Stat. 1146.// as follows:
With respect to Defense General Supply Center, Richmond, Virginia,
strike out "$1,171,000" and insert in place thereof "$1,365,000".
(b) Public Law 92 - 545, as amended, is amended by striking out in
clause (4) of section 702 "$33,004,000" and inserting in place thereof
"$33,198,000".
Sec. 404. (a) Public Law 93 - 166, as amended, is amended under the
heading " Defense Supply Agency" in section 401 //87 Stat. 673.// as
follows:
With respect to " Defense Depot, Tracy, California", strike out
"$747,000" and insert in place thereof "$1,384,000".
(b) Public Law 93 - 166, //87 Stat. 679.// as amended, is amended by
striking out in clause (4) of section 602 "$10,000,000" and inserting in
place thereof "$10,637,000".
Sec. 501. (a) The Secretary of Defense, or his designee, is
authorized to construct or acquire sole interest in existing family
housing units in the numbers and at the locations hereinafter named, but
no family housing construction shall be commenced at any such locations
in the United States until the Secretary shall have consulted with the
Secretary of the Department of Housing and Urban Development as to the
availability of suitable private housing at such locations. If
agreement cannot be reached with respect to the availability of suitable
private housing at any location, the Secretary of Defense shall notify
the Committees on Armed Services of the Senate and the House of
Representatives, in writing, of such difference of opinion, and no
contract for construction at such location shall be entered into for a
period of thirty days after such notification has been given. This
authority shall include the authority to acquire land, and interests in
land, by gift, purchase, exchange of Government-owned land, or
otherwise.
(b) With respect to the family housing units authorized to be
constructed by this section, the Secretary of Defense is authorized to
acquire sole interest in privately owned or Department of Housing and
Urban Development held family housing units in lieu of constructing all
or a portion of the family housing authorized by this section if he, or
his designee, determines such action to be in the best interests of the
United States; but any family housing units acquired under authority of
this subsection shall not exceed the cost limitations specified in
section 502 of this Act or the limitations on size specified in section
2684 of title 10, United States Code. In no case may family housing
units be acquired under this subsection through the exercise of eminent
domain authority; and in no case may family housing units other than
those authorized by this section be acquired in lieu of construction
unless the acquisition of such units is hereafter specifically
authorized by law.
(c) The Department of the Army, two thousand one hundred units,
$73,500,000:
Fort Ord, California, three hundred and fifty units.
Fort Stewart/ Hunter Army Airfield, Georgia, seven hundred and
fifty units.
Fort Polk, Louisiana, one thousand units.
(d) The Department of the Navy, six hundred and seventy-eight units,
$23,730,000:
Naval Facility, Nantucket, Massachusetts eighteen units.
Marine Corps Base, Camp Lejeune, North Carolina, two hundred
and fifty units.
Naval Complex, Bangor, Washington, four hundred units.
Naval Radio Station, Sugar Grove, West Virginia, ten units.
Sec. 502. (a) Authorizations for the construction of family housing
provided in section 501 of this Act shall be subject, under such
regulations as the Secretary of Defense may prescribe, to the
limitations on cost prescribed in subsections (b) and (c), which shall
include shades, screens, ranges, refrigerators, and all other installed
equipment and fixtures, the cost of the family unit, design,
supervision, inspection, overhead, the proportionate costs of land
acquisition, site preparation, and installation of utilities.
(b) The average unit cost for all units of family housing constructed
in the United States (other than Alaska and Hawaii) shall not exceed
$35,000 and in no event shall the cost of any unit exceed $51,000.
(c) When family housing units are constructed in areas other than
those areas specified in subsection (b), the average cost of all such
units shall not exceed $45,000, and in no event shall the cost of any
unit exceed $51,000.
(d) Notwithstanding the limitations contained in prior Military
Construction Authorization Acts on cost of construction of family
housing, the limitations on such cost contained in this section shall
apply to all prior authorizations for construction of family housing not
heretofore repealed and for which construction contracts have not been
executed prior to the date of enactment of this Act.
Sec. 503. The Secretary of Defense, or his designee, is authorized to
accomplish alterations, additions, expansions, or extensions not
otherwise authorized by law, to existing public quarters at a cost not
to exceed--,
(1) for the Department of the Army, $35,000,000;
(2) for the Department of the Navy, $34,230,000, including
$7,200,000 for energy conservation projects;
(3) for the Department of the Air Force, $51,000,000, including
$16,000,000 for energy conservation projects; and
(4) for the Defense Supply Agency, $127,000.
Sec. 504. (a) The Secretary of Defense or his designee, is authroized
to construct or otherwise acquire at the locations hereinafter named
family housing units not subject to the limitations on such cost
contained in section 502 of this Act. This authority shall include the
authority to acquire land, and interests in land, by gift, purchase,
exchange of Government-owned land, or otherwise. Total costs shall
include shades, screens, ranges, refrigerators, and other installed
equipment and fixtures, the cost of the family unit, and the costs of
land acquisition, site preparation, design, supervision, inspection,
overhead, and installation of utilities.
(b)(1) Three family housing units are authorized in Cairo, Egypt, at
a total cost not to exceed $180,000. Such units shall be funded by use
of excess foreign currency when so provided in Department of Defense
Appropriation Acts.
(2) Two hundred and fifty units are authorized at Naval Base,
Keflavik, Iceland, at a total cost not to exceed $17,500,000.
Sec. 505. The Secretary of Defense, or his designee, is authorized to
accomplish repairs and improvements to existing public quarters in
amounts in excess of the $15,000 limitation prescribed in section 610
(a) of Public Law 90 - 110, //87 Stat. 675.// as amended (81 Stat. 279,
305), as follows:
Fort Mc Clellan, Alabama, twenty-six units, $465,900.
Fort Richardson, Alaska, two hundred and eight units,
$4,000,000.
Fort Mc Nair, Washington, District of Columbia, five units,
$195,000.
Fort Sill, Oklahoma, thirty-two units, $654,400.
Fort Eustis, Virginia, one hundred and eighty-five units,
$3,140,000.
Fort Lewis, Washington, one hundred and thrity-six units,
$2,503,000.
Naval Station, Adak, Alaska, thirty-six units, $665,000.
Public Works Center, Pearl Harbor, Hawaii, one hundred and
forty-five units, $2,500,000.
Marine Corps Recruit Depot, Parris Island, South Carolina, one
hundred and seventy-eight units, //83 Stat. 313.// $2,685,800.
Sec. 506. (a) Section 515 of Public Law 84 - 161 (69 Stat. 324, 352),
//10 USC 2674 note.// as amended, is further amended by (1) striking out
" During fiscal years 1975 and 1976", and (2) revising the third
sentence to read as follows: " Expenditures for the rental of such
housing facilities, including the cost of utilities and maintenance and
operation, may not exceed: For the United States (other than Alaska,
Hawaii, and Guam) and Puerto Rico, an average of $245 per month for each
military department, or the amount of $325 per month for any one unit;
and for Alaska, Hawaii, and Guam, an average of $310 per month for each
military department, or the amount of $385 per month for any one unit.".
(b) Section 507(b) of Public Law 93 - 166 (87 Stat. 661, 676), is
amended by striking out "$355", "$625", and "twelve thousand" in the
first sentence, and inserting in lieu thereof "$380", "$670", and
"fifteen thousand", respectively.
Sec. 507. There is authorized to be appropriated for use by the
Secretary of Defense, or his designee, for military family housing as
authorized by law for the following purposes:
(1) for construction or acquisition of sole interest in family
housing, including demolition, authorized improvements to public
quarters, minor construction, relocation of family housing, rental
guarantee payments, and planning an amount not to exceed
$208,207,000, including $1,900,000 for the period July 1, 1976,
through September 30, 1976.
(2) for support of military family housing, including operating
expenses, leasing, maintenance of real property, payments of
principal and interest on mortgage debts incurred, payment to the
Commodity Credit Corporation, and mortgage insurance premiums
authorized under section 222 of the National Housing Act, as
amended (12 U.S.C. 1715m), an amount not to exceed $1,434,676,000,
including $308,739,000 for the period July 1, 1976, through
September 30, 1976.
Sec. 508. Section 509 of Public Law 93 - 552 (88 Stat. 1745, 1759),
is hereby amended by changing the period to a comma and by adding
"except as authorized by the Secretary of Defense, or his designee, for
unusual circumstances resulting from excessive noise, adverse
environmental conditions, or health of the occupants.".
Sec. 601. The Secretary of each military department may proceed to
establish or develop installations and facilities under this Act without
regard to section 3648 of the Revised Statutes, as amended (31 U.S.C.
529), and sections 4774 and 9774 of title 10, United States Code. The
authority to place permanent or temporary improvements on land includes
authority for surveys, administration, overhead, planning, and
supervision incident to construction. That authority may be exercised
before title to the land is approved under section 355 of the Revised
Statutes, as amended (40 U.S.C. 255), and even though the land is held
temporarily. The authority to acquire real estate or land includes
authority to make surveys and to acquire land, and interests in land
(including temporary use), by gift, purchase, exchange of
Government-owned land, or otherwise.
Sec. 602. There are authorized to be appropriated such sums as may be
necessary for the purposes of this Act, but appropriations for public
works projects authorized by titles, I, II, III, IV, and V, shall not
exceed--,
(1) for title I: Inside the United States, $596,515,000;
outside the United States, $172,525,000; or a total of
$769,040,000.
(2) for title II: Inside the United States, $684,339,000;
outside the United States, $21,170,000; or a total of
$705,509,000.
(3) for title III: Inside the United States, $379,041,000;
outside the United States, $102,846,000; section 302, $3,982,000;
or a total of $485,869,000.
(4) for title IV: A total of $44,800,000.
(5) for title V: Military Family Housing, $1,642,883,000.
Sec. 603. (a) Except as provided in subsections (b) and (c), any of
the amounts specified in titles I, II, III, and IV of this Act may, at
the discretion of the Secretary of the military department concerned or
Director of the defense agency concerned, be increased by 5 per centum
when inside the United States (other than Hawaii and Alaska), and by 10
per centum when outside the United States or in Hawaii and Alaska, if he
determines that such increase (1) is required for the sole purpose of
meeting unusual variations in cost, and (2) could not have been
reasonably anticipated at the time such estimate was submitted to the
Congress.
(b) When the amount named for any construction or acquisition in
title I, II, III, or IV of this Act involves only one project at any
military installation and the Secretary of the military department or
Director of the defense agency concerned determines that the amount
authorized must be increased by more than the applicable percentage
prescribed in subsection (a), he may proceed with such construction or
acquisition if the amount of the increas does not exceed by more than 25
per centum the amount named for such project by the Congress.
(c) When the Secretary of Defense determines that any amount named in
title I, II, III, or IV of this Act must be exceeded by more than the
percentages permitted in subsections (a) and (b) to accomplish
authorized construction or acquisition, the Secretary of the military
department concerned or Director of the defense agency concerned may
proceed with such construction or acquisition after a written report of
the facts relating to the increase of such amount, including a statement
of the reasons for such increase, has been submitted to the Committees
on Armed Services of the Senate and House of Representatives, and either
(1) thirty days have elapsed from date of submission of such report, or
(2) both committees have indicated approval of such construction or
acquisition. Notwithstanding the provisions in prior military
construction authorizations Acts, the provisions of this subsection
shall apply to such prior Acts.
(d) Notwithstanding the foregoing provisions of this section, the
total cost of all construction and acquisition in each such title may
not exceed the total amount authorized to be appropriated in that title.
(e) No individual project authorized under title I, II, III, or IV of
this Act for any specifically listed military installation for which the
current working estimate is $400,000 or more may be placed under
contract if--,
(1) the approved scope of the project is reduced in excess of
25 per centum; or
(2) the current working estimate, based upon bids received, for
the construction of such project exceeds by more than 25 per
centum the amount authorized for such project by the Congress,
until a written report of the facts relating to the reduced scope
or increased cost of such project, including a statement of the
reasons for such reduction in scope or increase in cost has been
submitted to the Committees on Armed Services of the Senate and
House of Representatives, and either (A) thirty days have elapsed
from date of submission of such report, or (B) both committees
have indicated approval of such reduction in scope or increase in
cost as the case may be.
(f) The Secretary of Defense shall submit an annual report to the
Congress identifying each individual project which has been placed under
contract in the preceding twelve-month period and with respect to which
the then current working estimate of the Department of Defense based
upon bids received for such project exceeded the amount authorized by
the Congress for that project by more than 25 per centum. The Secretary
shall also include in such report each individual project with respect
to which the scope was reduced by more than 25 per centum in order to
permit contract award within the available authorization for such
project. Such report shall include all pertinent cost information for
each individual project, including the amount in dollars and percentage
by which the current working estimate based on the contract price for
the project exceeded the amount authorized for such project by the
Congress.
Sec. 604. Contracts for construction made by the United States for
performance within the United States and its possessions under this Act
shall be executed under the jurisdiction and supervision of the Corps of
Engineers, Department of the Army, or the Naval Facilities Engineering
Command, Department of the Navy, or such other department or Government
agency as the Secretaries of the military departments recommend and the
Secretary of Defense approves to assure the most efficient, expeditious,
and cost-effective accomplishment of the construction herein authorized.
The Secretaries of the military departments shall report annually to
the President of the Senate and the Speaker of the House of
Representatives a breakdown of the dollar value of construction
contracts completed by each of the several construction agencies
selected together with the design, construction suppervision, and
overhead fees charged by each of the several agents in the execution of
the assigned construction. Further, such contracts (except architect
and engineering contracts which, unless specifically authorized by the
Congress shall continue to be awarded in accordance with presently
established procedures, customs, and practice) shall be awarded, insofar
as practicable, on a competitive basis to the lowest responsible bidder,
if the national security will not be impaired and the award is
consistent with chapter 137 of title 10, United States Code. //10 USC
2301 et seq.// The Secretaries of the military departments shall report
annually to the President of the Senate and the Speaker of the House of
Representatives with respect to all contracts awarded on other than a
competitive basis to the lowest responsible bidder. Such reports shall
also show, in the case of the ten architect-engineering firms which, in
terms of total dollars, were awarded the most business; the names of
such firms; the total number of separate contracts awarded each such
firm; and the total amount paid or to be paid in the case of each such
firm under all such contracts awarded such firm.
Sec. 605. (a) As of January 1, 1977, all authorizations for military
public works, including family housing, to be accomplished by the
Secretary of a military department in connection with the establishment
or development of installations and facilities, and all authorizations
for appropriations, therefor, that are contained in titles I, II, III,
IV, and V of the Act of December 27, 1974, Public Law 93 - 552 (88 Stat.
1745), and all such authorizations contained in Acts approved before
December 28, 1974, and not superseded or otherwise modified by a later
authorization are repealed except--,
(1) authorizations for public works and for appropriations
therefor that are set forth in those Acts in the titles that
contain the general provisions;
(2) authorizations for public works projects as to which
appropriated funds have been obligated for construction contracts,
land acquisition, or payments to the North Atlantic Treaty
Organization, in whole or in part before January 1, 1977, and
authorizations for appropriations therefor.
(b) Notwithstanding the repeal provisions of section 605 of the Act
of December 27, 1974, Public Law 93 - 552 (88 Stat. 1745, 1761),
authorizations for the following items shall remain in effect until
January 1, 1978:
(A) Barracks with mess construction in the amount of $535,000
at Camp A.P. Hill, Virginia, that is contained in title I, section
101 of the Act of November 29, 1973 (87 Stat. 661), as amended.
(B) Barracks with mess construction in the amount of $476,000
at Camp Pickett, Virginia, that is contained in title I, section
101 of the Act of November 29, 1973 (87 Stat. 661), as amended.
(C) Military Police barracks with support facilities
construction in the amount of $1,831,000 and confinement facility
construction in the amount of $6,287,000 at Fort Leonard Wood,
Missouri, that is contained in title I, section 101 of the Act of
November 29, 1973 (87 Stat. 661), as amended.
(D) Barracks complex construction in the amount of $8,622,000
at Fort Ord, California, that is contained in title I, section 101
of the Act of November 29, 1973 (87 Stat. 662), as amended. //88
Stat. 1745.//
(E) Barracks construction in the amount of $2,965,000 at
Aberdeen Proving Ground, Maryland, that is contained in title I,
section 101 of the Act of November 29, 1973 (87 Stat. 662), as
amended.
(F) Barracks with mess construction in the amount of $466,000
at Natick Laboratories, Massachusetts, that is contained in title
I, section 101 of the Act of November 29, 1973 (87 Stat. 662), as
amended.
(G) Barracks without mess construction in the amount of
$3,060,000 at Fort Greely, Alaska, that is contained in title I,
section 101 of the Act of November 29, 1973 (87 Stat. 662), as
amended.
(H) Relocate weapons ranges from Culebra Complex in the amount
of $12,000,000 for the Atlantic Fleet Weapons Range, Roosevelt
Roads, Puerto Rico, that is contained in title II, section 204 of
the Act of November 29, 1973 (87 Stat. 668), as amended.
(I) Authorization for acquisition of lands in support of the
Air Installation Compatible Use Zones at Various Locations not
limited to those in the original project in the amount of
$12,000,000 that is contained in title III, section 301 of the Act
of October 25, 1972 (86 Stat. 1145), as amended by section 605(3)
(K) of the Act of December 27, 1974 (88 Stat. 1762), as amended.
(J) Authorization for acquisition of lands in support of the
Air Installation Compatible Use Zones at Various Locations not
limited to those identified in the original project in the amount
of $18,000,000 that is contained in title III, section 301 of the
Act of November 29, 1973 (87 Stat. 671), as amended.
Sec. 606. None of the authority contained in titles I, II, III, and
IV of this Act shall be deemed to authorize any building construction
projects inside the United States in excess of a unit cost to be
determined in proportion to the appropriate area construction cost
index, based on the following unit cost limitations where the area
construction index is 1.0:
(1) $35 per square foot for permanent barracks;
(2) $37 per square foot for bachelor officer quarters;
unless the Secretary of Defense, or his designee, determines that
because of special circumstances, application to such project of the
limitations on unit costs contained in this section is impracticable.
Notwithstanding the limitations contained in prior Military Construction
Authorization Acts on unit costs, the limitations on such costs
contained in this section shall apply to all prior authorizations for
such construction not heretofore repealed and for which construction.
contracts have not been awarded by the date of enactment of this Act.
Sec. 607. Chapter 159 of title 10, United States Code, is amended:
(1) By striking out "$300,000" in the item relating to section 2674
//10 USC 2674.// in the chapter analysis and inserting "$400,000" in
place thereof.
(2) By striking out "$300,000" in the catchline of section 2674 and
inserting "$400,000" in place thereof.
(3) By striking out the figures "$300,000", "$100,000", and
"$50,000", in section 2674(b) and inserting "$400,000", "$200,000", and
"$75,000", respectively, in place thereof.
(4) By striking out the figure "$50,000" in sections 2674(a) and (e)
and inserting "$75,000" in place thereof.
(5) By striking out "quarterly" in section 2662(b) //10 USC 2662.//
and inserting in place thereof "annually".
(6) By striking out section 2662(c) and inserting in place thereof
the following:
"(c) This section applies only to real property in the United States,
Puerto Rico, Guam, the American Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands. It does not apply to real
property for river and harbor projects or flood control projects, or to
leases of Government-owned real property for agricultual or grazing
purposes or to any real property acquisition specifically authorized in
a Military Construction Authorization Act.".
(7) By adding the following new subsection to section 2667 //10 USC
2667.// ;
"(f) Notwithstanding clause (3) of subsection (a), real property and
associated personal property, which have been determined excess as the
result of a defense installation realignment or closure, may be leased
to State or local governments pending final disposition of such property
if--,
"(1) The Secretary concerned determines that such action would
facilitate State or local economic adjustment efforts, and
"(2) the Administrator of the General Services Administration
concurs in the action.".
(8) By adding after section 2672 a new section as follows:
" Sec. 2672a. Acquisition: interests in land when need is urgent
//10 USC 2672a.//
" The Secretary of a military department may acquire any interest in
land that--,
"(1) he or his designee determines is needed in the interest of
national defense;
"(2) is required to maintain the operation integrity of a
military installation; and
"(3) considerations of urgency do not permit the delay
necessary to include the required acquisition in an annual
Military Construction Authorization Act.
Appropriations available for military construction may be used for the
purposes of this section. The authority to acquire an interest in land
under this section includes authority to make surveys and acquire
interests in land (including temporary use), by gift, purchase, exchange
of land owned by the United States, or otherwise. The Secretary of a
military department contemplating action under this provision will
provide notice, in writing, to the Armed Services Committees of the
Senate and House of Representatives at least 30 days in advance of any
action being taken.".
(9) By inserting in the chapter analysis
"2672a. Acquisition: interests in land when need is urgent."
immediately below
"2672. Acquisition: interests in land when cost is not more than
$50,000.".
(10) By striking from the chapter analysis and the catchline relating
to section 2675 //10 USC 2675.// the second colon and all that follows.
(11) By striking the following words from the first sentence of
section 2675: "that are not located on a military base and".
INCREASES FOR SOLAR HEATING SOLAR COOLING EQUIPMENT
Sec. 608. In addition to all other authorized variations of cost
limitations or floor area limitations contained in this Act or prior
Military Construction Authorization Acts, the Secretary of Defense, or
his designee, may permit increases in the cost limitations or floor area
limitations by such amounts as may be necessary to equip any projects
with solar heating and/or solar cooling equipment.
Sec. 609. The Secretary of the Navy or his designee is authorized and
directed to convey to the Guam Power Authority, an agency of the
Government of Guam, without monetary consideration, but subject to such
reservations and terms and conditions as the Secretary of the Navy or
his designee should determine to be necessary to protect the interests
of the United States, all rights, titles, and interests of the United
States, in and to those certain parcels of real property situated at
Cabras Island, Territory of Guam, known and identified as lot 257 and
lot 261, containing 63.58 acres, more or less.
Sec. 610. (a) The Secretary of the Army is authorized and directed to
convey to the Board of Regents of the University System of Georgia,
subject to the provisions of this Act, all of the right, title, and
interest of the United States in and to a parcel of land, with
improvements thereon, lying and being situated in Richmond County, city
of Augusta, State of Georgia, more particularly described as follows:
Beginning at a chiseled X in concrete at the intersection of the
south line of Walton Way with the west line of Katherine Street; thence
along the west line of Katherine Street, south 02 degrees 27 minutes 55
seconds west 288.29 feet to a point 1 foot south of cyclone fence;
thence along a line 1 foot south of and parallel to a cyclone fence,
north 85 degrees 31 minutes 15 seconds west 227.32 feet to a point 1
foot east of a cyclone fence; thence along a line parallel to and 1
foot east of a cyclone fence south 04 degrees 19 minutes 50 seconds west
233.05 feet to a point; thence along a line 1 foot south of a parrallel
to a cyclone fence, north 85 degrees 19 minutes 27 seconds west 305.74
feet to a point 0.60 foot west of a cyclone fence; thence along a line
parallel to and 0.60 foot west of a cyclone fence, north 04 degrees 59
south side of Walton Way; thence along the south side of Walton Way,
south 85 degrees 30 minutes 15 seconds east 517.62 feet to the point of
beginning, and containing 5.09 acres, more or less.
(b) The conveyance authorized by this section shall be made upon
payment to the United States of not less than the appraised fair market
value of the land and the improvements thereon, as determined by the
Secretary of the Army, or the sum of $662,000 whichever is the greater,
and upon such terms, conditions, reservations, and restrictions as the
Secretary of the Army shall deem necessary to protect the interests of
the United States.
(c) The money received by the United States for the lands conveyed
under this section shall be credited to a special account in the
Treasury and shall be available, without fiscal year limitation, for the
construction of a United States Army Reserve Training Center on lands
owned by the United States at the intersection of Jackson and
Wrightsboro Roads, Augusta, Georgia.
(d) The cost of any surveys necessary as an incident to the
conveyance authorized by this section shall be borne by the Board of
Regents of the University System of Georgia.
Sec. 611. Titles I, II, III, IV, V, and VI of this Act may be cited
as the " Military Construction Authorization Act, 1976".
Sec. 701. Subject to chapter 133 of title 10, United States Code,
//10 USC 2231 et seq.// the Secretary of Defense may establish or
develop additional facilities for the Guard and Reserve Forces,
including the acquisition of land therefor, but the cost of such
facilities shall not exceed--,
(1) For the Department of the Army:
(A) Army National Guard of the United States, $54,745,000.
(B) Army Reserve, $44,459,000.
(2) For the Department of the Navy: Naval and Marine Corps
Reserves, $34,800,000.
(3) For the Department of the Air Force:
(A) Air National Guard of the United States, $55,100,000.
(B) Air Force Reserve, $16,500,000.
Sec. 702. The Secretary of Defense may establish or develop
installations and facilities under this title without regard to section
3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections
4774 and 9774 of title 10, United States Code. The authority to place
permanent or temporary improvements on lands includes authority for
surveys, administration, overhead, planning, and supervision incident to
construction. That authority may be exercised before title to the land
is approved under section 355 of the Revised Statutes, as amended (40
U.S.C. 255), and even though the land is held temporarily. The
authority to acquire real estate or land includes authority to make
surveys and to acquire land, and interests in land (including temporary
use), by gift, purchase, exchange of Government-owned land, or
otherwise.
Sec. 703. Chapter 133 of title 10, United States Code, //10 USC
2233a.// is amended by striking out the figure "$25,000" in paragraph
(2) of section 2233a, and inserting the figure "$50,000" in place
thereof.
sec. 704. This title may be cited as the " Guard and Reserve Forces
Facilities Authorization Act, 1976".
LEGISLATIVE history:
HOUSE REPORTS: No. 94 - 293 accompanying H.R. 5210 (Comm. on Armed
Services) and No. 94 - 483 (Comm. of Conference).
SENATE REPORTS: No. 94 - 157 (Comm. on Armed Services) and No. 94 -
376 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 9, considered and passed Senate.
July 28, considered and passed House, amended, in lieu of H.R.
5210.
Sept. 24, House agreed to conference report.
Sept. 29, Senate agreed to conferece report.
Public Law 94-106, 89 Stat. 531, Department of Defense Appropriation
Authorization Act, 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Funds are hereby authorized to be appropriated during the
fiscal year 1976 for the use of the Armed Forces of the United States
for procurement of aircraft, missiles, naval vessels, tracked combat
vehicles, torpedoes, and other weapons, as authorized by law, in amounts
as follows:
For aircraft: for the Army, $337,500,000; for the Navy and the
Marine Corps, $2,997,800,000; for the Air Force, $4,119,000,000, of
which amount not to exceed $64,000,000 is authorized for the procurement
of only long lead items for the B-1 bomber aircraft. None of the funds
authorized by this Act may be obligated or expended for the purpose of
entering into any production contract or any other contractual
arrangement for production of the B-1 bomber aircraft unless the
production of such aircraft is hereafter authorized by law. The funds
authorized in this Act for long lead items for the B-1 bomber aircraft
do not constitute a production decision or a commitment on the part of
Congress for the future production of such aircraft.
For missiles: for the Army, $431,000,000; for the Navy,
$990,400,000; for the Marine Corps, $52,900,000; for the Air Force,
$1,765,000,000, of which $265,800,000 shall be used only for the
procurement of Minuteman III missiles.
For Naval vessels: for the Navy, $3,899,400,000.
For tracked combat vehicles: for the Army, $864,000,000, of which
$379,400,000 shall be used only for the procurement of M-60 series
tanks; for the Marine Corps, $101,500,000.
For torpedoes and related support equipment: for the Navy,
$189,500,000.
For other weapons: for the Army, $74,300,000; for the Navy,
$17,700,000; for the Marine Corps, $100,000.
Sec. 201. Funds are hereby authorized to be appropriated during the
fiscal year 1976 for the use of the Armed Forces of the United States
for research, development, test, and evaluation, as authorized by law,
in amounts as follows:
For the Army, $2,028,933,000;
For the Navy (including the Marine Corps), $3,318,649,000;
for the Air Force, $3,737,001,000; and
For the Defense Agencies, $588,700,000 of which $25,000,000 is
authorized for the activities of the Director of Test and
Evaluation, Defense.
Sec. 301. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, each component of the Armed Forces is authorized an end
strength for active duty personnel as follows:
(1) The Army, 785,000;
(2) The Navy, 528,651;
(3) The Marine Corps, 196,303;
(4) The Air Force, 590,000.
(b) The end strength for active duty personnel prescribed in
subsection (a) of this section shall be reduced by 9,000. Such
reduction shall be apportioned among the Army, Navy, including the
Marine Corps, and the Air Force in such numbers as the Secretary of
Defense shall prescribe. The Secretary of Defense shall report to
Congress within 60 days after the date of enactment of this Act on the
manner in which this reduction is to be apportioned among the Armed
Forces and shall include the rationale for each reduction.
Sec. 401. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, the Selected Reserve of each Reserve component of the
Armed Forces shall be programed to attain an average strength of not
less than the following;
(1) The Army National Guard of the United States, 400,000;
(2) The Army Reserve, 219,000;
(3) The Naval Reserve, 106,000;
(4) The Marine Corps Reserve, 32,481;
(5) The Air National Guard of the United States, 94,879;
(6) The Air Force Reserve, 51,789;
(7) The Coast Guard Reserve, 11,700.
(b) The average strength prescribed by subsection (a) of this
section for the Selected Reserve of any Reserve component shall be
proportionately reduced by (1) the total authorized strength of
units
organized to serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at any time during
the fiscal year; and (2) the total number of individual members not in
units organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at any
time during the fiscal year. Whenever such units or such individual
members are released from active duty during any fiscal year, the
average strength prescribed for such fiscal year for the Selected
Reserve of such Reserve component shall be proportionately increased by
the total authorized strength of such units and by the total number of
such individual members.
Sec. 501. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, the Department of Defense is authorized an end strength
for civilian personnel of 1,058,000.
(b) The end strength for civilian personnel prescribed in subsection
(a) of this section shall be apportioned among the Department of the
Army, the Department of the Navy, including the Marine Corps, the
Department of the Air Force, and the agencies of the Department of
Defense (other than the military departments) in such numbers as the
Secretary of Defense shall prescribe. The Secretary of Defense shall
report to the Congress within 60 days after the date of enactment of
this Act on the manner in which the allocation of civilian personnel is
made among the military departments and the agencies of the Department
of Defense (other than the military departments) and shall include the
rationale for each allocation.
(c) In computing the authorized end strength for civilian personnel
there shall be included all direct-hire and indirect-hire civilian
personnel employed to perform military functions administered by the
Department of Defense (other than those performed by the National
Security Agency) whether employed on a full-time, part-time, or
intermittent basis, but excluding special employment categories for
students and disadvantage youth such as the stay-in-school campaign, the
temporary summer aid program and the Federal junior fellowship program
and personnel participating in the worker-trainee opportunity program.
Whenever a function, power, or duty, or activity is transferred or
assigned to a department or agency of the Department of Defense from a
department or agency outside of the Department of Defense or from a
department or agency within the Department of Defense, the civilian
personnel end strength authorized for such departments or agencies of
the Department of Defense affected shall be adjusted to reflect any
increases or decreases in civilian personnel required as a result of
such transfer or assignment.
(d) When the Secretary of Defense determines that such action is
necessary in the national interest, he may authorize the employment of
civilian personnel in excess of the number authorized by subsection (a)
of this section but such additional number may not exceed one-half of
one per centum of the total number of civilian personnel authorized for
the Department of Defense by subsection (a) of this section. The
Secretary of Defense shall promptly notify the Congress of any
authorization to increase civilian personnel strength under the
authority of this subsection.
Sec. 601. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, each component of the Armed Forces is authorized an
average military training student load as follows:
(1) The Army, 83,101;
(2) THE Navy, 69,513;
(3) The Marine Corps, 26,489;
(4) The Air Force, 51,225;
(5) The Army National GUARD of the United States, 9,788;
(6) The Army Reserve, 7,359;
(7) The Naval Reserve, 1,661;
(8) The Marine Corps Reserve, 2,769;
(9) The Air National Guard of the United States, 1,952; and
(10) The Air Force Reserve, 810.
(b) The average military training student loads for the Army, the
Navy, the Marine Corps, and the Air Force and the Reserve components
prescribed in subsection (a) of this section for the fiscal year ending
June 30, 1976, shall be adjusted consistent with the manpower strengths
provided in titles III, IV, and V of this Act. Such adjustment shall be
apportioned among the Army, the Navy, the Marine Corps, and the Air
Force and the Reserve Components in such manner as the Secretary of
Defense shall prescribe.
Sec. 701. Procurement.--Funds are hereby authorized to be
appropriated for the period July 1, 1976, to September 30, 1976, for the
use of the Armed Forces of the United States for procurement of
aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes,
and other weapons, as authorized by law, in amounts as follows:
For aircraft: for the Army, $59,400,000; for the Navy and the
Marine Corps, $585,500,000; for the Air Force, $858,000,000, of which
amount not to exceed $23,000,000 is authorized for the procurement of
only long lead items for the B-1 bomber aircraft.
For missiles: for the Army, $56,500,000; for the Navy,
$308,600,000; for the Marine Corps, $10,700,000; for the Air Force,
$252,200,000.
For naval vessels: for the Navy, $474,200,000.
For tracked combat vehicles: for the Army, $245,300,0008 of which
$133,000,000 shall be used only for the procurement of M-60 series
tanks; for the Marine Corps, $400,000.
For torpedoes and related support equipment: for the Navy,
$19,200,000.
For other weapons: for the Army, $9,700,000; for the Navy,
$1,400,000.
Sec. 702. Research, Development, Test, and Evaluation.--Funds are
hereby authorized to be appropriated for the period July 1, 1976, to
September 30, 1976, for the use of the Armed Forces of the United States
for research, development, test, and evaluation, as authorized by law,
in amounts as follows:
For the Army, $513,326,000;
For the Navy (including the Marine Corps), $849,746,000;
For the Air Force, $965,783,000; and
For the Defense Agencies, $144,768,000, of which $5,000,000 is
authorized for the activities of the Director of Test and
Evaluation Defense.
Sec. 703. Active Forces.--(a) For the period beginning July 1, 1976,
and ending September 30, 1976, each component of the Armed Force is
authorized an end strength for active duty personnel as follows:
(1) The Army, 793,000;
(2) The Navy, 535,860;
(3) The Marine Corps, 196,498;
(4) The Air Force, 590,000.
(b) The end strength for active duty personnel prescribed in
subsection (a) of this section shall be reduced by 9,000. Such
reduction shall be apportioned among the Army, Navy, including the
Marine Corps, and Air Force in such numbers as the Secretary of Defense
shall prescribe. The Secretary of Defense shall report to Congress
within 60 days after the date of enactment of this Act on the manner in
which this reduction is to be apportioned among the Armed Forces and
shall include the rationale for each reduction.
Sec. 704. Reserve Forces.--(a) For the period beginning July 1, 1976,
and ending September 30, 1976, the Selected Reserve of each Reserve
component of the Armed Forces shall be programed to attain an average
strength of not less than the following:
(1) The Army National Guard of the United States,
400,000;
(2) The Army Reserve, 219,000;
(3) The Naval Reserve, 106,000;
(4) The Marine Corps Reserve, 33,013;
(5) The Air National Guard of the United States, 94,543;
(6) The Air Force Reserve, 53,642;
(7) The Coast Guard Reserve, 11,700.
(b) The average strength prescribed by subsection (a) of this section
for the Selected Reserve of any Reserve component shall be
proportionately reduced by (1) the total authorized strength of units
organized to serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at any time during
the period; and (2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such component
who are on active duty (other than for training or for unsatisfactory
participation in training) without their consent at any time during the
period. Whenever such units or such individual members are released for
active duty during the period, the average strength for such period for
the Selected Reserve of such Reserve component shall be proportionately
increased by the total authorized strength of such units and by the
total number of such individual members.
Sec. 705. Civilian Personnel.--(a) For the period beginning July 1,
1976, and ending September 30, 1976, the Department of Defense is
authorized an end strength for civilian personnel of 1,064,400.
(b) The end strength for civilian personnel prescribed in subsection
(a) of this section shall be apportioned among the Department of the
Army, the Department of the Navy, including the Marine Corps, the
Department of the Air Force, and the agencies of the Department of
Defense (other than the military departments) in such numbers as the
Secretary of Defense shall prescribe. The Secretary of Defense shall
report to the Congress within 60 days after the date of enactment of
this Act on the manner in which the allocation of civilian personnel is
made among the military departments and the agencies of the Department
of Defense (other than the military departments) and shall include the
rationale for each allocation.
(c) In computing the authorized end strength for civilian personnel
there shall be included all direct-hire and indirect hire civilian
personnel employed to perform military functions administered by the
Department of Defense (other than those performed by the National
Security Agency) whether employed on a full-time, part-time, or
intermittent basis, but excluding special employment categories for
students and disadvantaged youth such as the stay-in-school campaign,
the temporary summer aid program and the Federal junior fellowship
program and personnel participating in the worker-trainee opportunity
program. Whenever a function, power, or duty or activity is transferred
or assigned to a department or agency of the Department of Defense from
a department or agency outside of the Department of Defense or from a
department or agency within the Department of Defense, the civilian
personnel end strength authorized for such departments or agencies of
the Department of Defense affected shall be adjusted to reflect any
increases or decreases in civilian personnel required as a result of
such transfer or assignment.
(d) When the Secretary of Defense determines that such action is
necessary in the national interest, he may authorize the employment of
civilian personnel in excess of the number authorized by subsection (a)
of this section, but such additional number may not exceed one-half of 1
per centum of the total number of civilian personnel authorized for the
Department of Defense by subsection (a) of this section. The Secretary
of Defense shall promptly notify the Congress of any authorization to
increase civilian personnel strength under the authority of this
subsection.
Sec. 706. Military Training Student Loads.--(a) For the period
beginning July 1, 1976, and ending September 30, 1976, each component of
the Armed Forces is authorized an average military training student load
as follows:
(1) The Army, 75,185;
(2) The Navy, 70,571;
(3) The Marine Corps, 26,788;
(4) The Air Force, 52,280;
(5) The Army National Guard of the United States, 9,481;
(6) The Army Reserve, 5,518;
(7) The Naval Reserve, 2,106;
(8) The Marine Corps Reserve, 4,088;
(9) The Air National Guard of the United States, 2180; and
(10) The Air Force Reserve, 836.
(b) The average military training student loads for the Army, the
Navy, the Marine Corps, and the Air Force and the Reserve components
prescribed in subsection (a) of this section for the period beginning
July 1, 1976, and ending September 30, 1976, shall be adjusted
consistent with the manpower strengths provided in sections 703, 704,
and 705 of this Act. Such adjustment shall be apportioned among the
Army, the Navy, the Marine Corps, and the Air Force and the Reserve
components in such manner as the Secretary of Defense shall prescribe.
Sec. 801. (a) Section 138 of title 10, United States Code, is amended
as follows:
(1) Subsection (a) of such section is amended--,
(A) by striking out "or" at the end of paragraph (4);
(B) by inserting "or" after the semicolon at the end of
paragraph (5); and
(C) by inserting immediately after paragraph (5) the following
new paragraph:
"(6) military construction (as defined in subsection (e) of
this section;".
(2) Such section is amended by adding at the end thereof the
following new subsection:
"(e) For purposes of subsection (a)(6) of this section, the term
'military construction' includes any construction, development,
conversion, or extension of any kind which is carried out with respect
to any military facility or installation (including any Government-owned
or Government-leased industrial facility used for the production of
defense articles and any facility to which section 2353 of this title
applies) but excludes any activity to which section 2673 or 2674, or
chapter 133, of this title apply, or to which section 406( a) of Public
Law 85 - 241 (71 Stat. 556) applies.". //42 USC 1594i.//
(b) The amendment provided by paragraph (2) of subsection (a) //10
USC 138 note.// above with respect to funds not heretofore required to
be authorized shall only apply to funds authorized for appropriation for
fiscal year 1977 and thereafter.
Sec. 802. (a) The second sentence of section 511(d) of title 10,
United States Code, is amended by striking out "four months" and
inserting in lieu thereof "twelve weeks".
(b) Section 671 of title 10, United States Code, is amended by
striking out "four months" and inserting in lieu thereof "twelve weeks".
(c) The sixth paragraph of section 4(a) of the Military Selective
Service Act (50 U.S.C. App. 454(a)) is amended by striking out "four
months" each time it appears in such paragraph and inserting in lieu
thereof in each case "twelve weeks".
(d) The third sentence of section 6(c)(2)(A) of the Mimlitary
Selective Service Act (50 U.S.C. APP. 456(c)(2)(A)) is amended by
striking out "four consecutive months" and inserting in lieu thereor
"twelve consecutive weeks".
Sec. 803. (a) Notwithstanding any other provision of law, in the
administration of chapter 403 of title 10, United States Code //10 USC
4342 note.// (relating to the United States Military Academy), chapter
603 of such title (relating to the United States Naval Academy), and
chapter 903 of such title (relating to the United States Air Force
Academy), the Secretary of the military department concerned shall take
such action as may be necessary and appropriate to insure that (1)
female individuals shall be eligible for appointment and admission to
the service academy concerned, beginning with appointments to such
academy for the class beginning in calendar year 1976, and (2) the
academic and other relevant standards required for appointment,
admission, training, graduation, and commissioning of female individuals
shall be the same as those required for male individuals, except for
those minimum essential adjustments in such standards required because
of physiological differences between male and female individuals.
(b) Title 10, United States Code, is amended as follows:
(1) Sections 4342, 6954, and 9342 are each amended by striking
out the word "sons" wherever it appears therein and inserting in
place thereof in each instance the word "children".
(2) Section 6956(d) is amended by striking out the word "men"
wherever it appears therein and inserting in place thereof in each
instance the word "members".
(c) It is the sense of Congress that, subject to the provisions of
subsection (a), //10 USC 4342.// the Secretaries of the military
departments shall, under the direction of the Secretary of Defense,
continue to exercise the authority granted them in chapters 403, 603 and
903 of title 10, United States Code, but such authority must be
exercised within a program providing for the orderly and expeditious
admission of women to the academies, consistent with the needs of the
services, with the implementation of such program upon enactment of this
Act.
Sec. 804. (a) Chapter 4 of title 10, United States Code, is amended
by adding the following new section after section 139 and inserting a
corresponding item in the chapter analysis:
" Sec. 140. Emergencies and extraordinary expenses //10 USC 140.//
"(a) Subject of the limitations of subsection (c) of this section,
and within the limitation of appropriations made for the purpose, the
Secretary of Defense and the Secretary of a military department within
his department, may provide for any emergency or extraordinary expense
which cannot be anticipated or classified. When it is so provided in
such an appropriation, the funds may be spent on approval or authority
of the Secretary concerned for any purpose he determines to be proper,
and such a determination is final and conclusive upon the accounting
officers of the United States. The Secretary concerned may certify the
amount of any such expenditure authorized by him that he considers
advisable not to specify, and his certificate is sufficient voucher for
the expenditure of that amount.
"(b) The authority conferred by this section may be delegated by the
Secretary of Defense to any person in the Department of Defense or by
the Secretary of a military department to any person within his
department, with or without the authority to make successive
redelegations.
"(c) In any case in which funds are expended under the authority of
subsections (a) and (b) of this section, the Secretary of Defense shall
submit a report of such expenditures on a quarterly basis to the
Committees on Armed Services and Appropriations of the Senate and the
House of Representatives.".
(b) Section 7202 of title 10, Unites States Code, and the
corresponding item in the analysis of such chapter are repealed.
Sec. 805. Section 139(b) of title 10, United States Code, is amended
by adding at the end thereof a new subsection as follows:
"(f) Notwithstanding any other provision of law, the monthly retired
or retainer pay of a member or a former member of an armed force who
initially became entitled to that pay on or after January 1, 1971, may
not be less than the monthly retired or retainer pay to which he would
be entitled if he had become entitled to retired or retainer pay at an
earlier date, adjusted to reflect any applicable increases in such pay
under this section. In computing the amount of retired or retainer pay
to which such a member would have been entitled on that earlier date,
the computation shall, subject to subsection (e) of this section, be
based on his grade, length of service, and the rate of basic pay
applicable to him at that time. This subsection does not authorize any
increase in the monthly retired or retainer pay to which a member was
entitled for any period prior to the effective date of this
subsection.".
Sec. 807. In any case in which funds are unavailable for the payment
of a claim arising under a contract entered into prior to July 1, 1974,
for the construction or conversion of any naval vessel, the Secretary of
the Navy is authorized to settle such claim, but the settlement thereof
shall be made subject to the authorization and appropriation of funds
therefor. The Secretary of the Navy shall promptly forward to the
Committees on Armed Services and Appropriations of the Senate and the
House of Representatives copies of all claim settlements made under this
section.
Sec. 808. Concurrent with the submission of the President's budget
for the fiscal year commencing October 1, 1976, the Secretary of Defense
shall submit a five-year naval ship new construction and conversion
program. Thereafter, concurrent with the annual submission of the
President's budget, the Secretary of Defense shall report to the
Committees on Armed Services of the Senate and the House of
Representatives any changes to such a five-year program as he deems
necessary for the current year, and for the succeeding years, based
upon, but not limited to, alterations in the defense strategy of the
United States and advances in defense technology. This section does not
in any way change existing law with respect to the annual authorization
of the construction and conversion of naval vessels.
Sec. 809. The restrictive language contained in section 101 of the
Department of Defense Appropriations Authorization Act, 1975 (Public Law
93 - 365), //88 Stat. 400.// and in section 101 of the Department of
Defense Appropriations Authorization Act, 1974 (Public Law 93 - 155),
//87 Stat. 605.// under the heading " Naval Vessels", which relates to
the use of funds for the DLGN nuclear guided missile frigate program,
shall not apply with respect to $101,000,000 of long lead funding
provided for in such Acts for the DLGN-42 nuclear guided missile
frigate. //10 USC 7291 note.//
Sec. 810. No funds authorized for appropriation to the Department of
Defense shall be obligated under a contract for any multiyear
procurement as defined in section I-322 of the Armed Services
Procurement Regulations (as in effect on September 26, 1972) where the
cancellation ceiling for such procurement is in excess of $5,000,000
unless the Congress, in advance, approves such cancellation ceiling by
statute.
Sec. 811. (a) Beginning with the quarter ending December 31, 1975,
the Secretary of Defense shall submit to the Congress within 30 days
after the end of each quarter of each fiscal year, //10 USC 139 note.//
written selected acquisition reports for those major defense systems
which are estimated to require the total cumulative financing for
research, development, test, and evaluation in excess of $50,000,000 or
a cumulative production investment in excess of $200,000,000. If the
reports received are preliminary then final reports are to be submitted
to the Congress within 45 days after the end of each quarter.
(b) Any report required to be submitted under subsection (a) shall
include, but not be limited to, the detailed and summarized information
included in reports required by section 139 of title 10, United States
Code.
Sec. 812. The Secretary of Defense, after consultation with the
Secretary of State, sahll prepare and submit to the committees on Armed
Services of the Senate and the House of Representatives a written annual
report on the foreign policy and military force structure of the United
States for the next fiscal year, //10 USC 133 note.// how such policy
and force structure relate to each other, and the justification for
each. Such report shall be submitted not later than January 31 of each
year.
Sec. 813. In the case of any letter of offer to sell or any proposal
to transfer defense articles which are valued at $25,000,000 or more
from the United States active forces' inventories, the Secretary of
Defense shall submit a report to the Congress //10 USC 133 note.//
setting forth--,
(1) the impact of such sales or transfers on the current
readiness of United States forces; and
(2) the adequacy of reimbursements to cover, at the time of
replenishment to United States' inventories, the full replacement
costs of those items sold or transferred.
Sec. 814. (a) It is the sense of the Congress that equipment,
procedures, ammunition, fuel and other military impedimenta for land,
air and naval forces of the United States stationed in Europe under the
terms of the North Atlantic Treaty should be standardized or made
interoperable with that of other members of the North Atlantic Treaty
Organization to the maximum extent feasible. In carrying out such
policy the Secretary of Defense shall, to the maximum feasible extent,
initiate and carry out procurement procedures that provide for the
acquisition of equipment which is standardized or interoperable with
equipment of other members of the North Atlantic Treaty Organization
whenever such equipment is designed primarily to be used by personnel of
the Armed Forces of the United States stationed in Europe under the
terms of the North Atlantic Treaty.
(b) The report required under section 302(c) of Public Law 93 - 365
//88 Stat. 401.// shall include a listing of the initiation of
procurement action on any new major system not in compliance with the
policy set forth in section (a).
(c) Section 302(c) of Public Law 93 - 365 is amended by deleting the
last two sentences and inserting in lieu thereof the following: " The
Secretary of Defense shall report annually, not later than January 31 of
each year, to the Congress on the specific assessments and evaluations
made under the above provisions as well as the results achieved with the
North Atlantic Treaty Organization allies.".
Sec. 815. Notwithstanding any other provision of law, the authority
provided in section 501 of Public Law 91 - 441 (84 Stat. 909) is hereby
extended until June 30, 1977; but no transfer of aircraft or other
equipment may be made under the authority of such section 501 unless
funds have been previously appropriated for such transfer.
Sec. 816. (a) The Armed Forces of the United States operate worldwide
in maintaining international peace and in protecting the interests of
the United States. //10 USC 2304 note.// It is essential to the
effective operation of the Armed Forces that they receive adequate
supplies of petroleum products. Citizens and nationals of the United
States and corporations organized or operation within the United States
enjoy the benefits of the United States flag and the protection of the
Armed Forces and owe allegiance to the United States. It is the purpose
of this section to provide a remedy for discrimination by citizens or
nationals of the United States or corporations organized or operating
within the United States, and by organizations controlled by them,
against the Department of Defense in the supply of petroleum products.
(b)(1) No supplier shall engage in discrimination (as defined in
subsection (e)(2) of this section) in the supply, either within or
outside the United States, of petroleum products for the Armed Forces of
the United States.
(2) The Secretary of Defense, whenever he has reason to believe that
there has been discrimination, shall immediately refer the matter to the
Attorney General of the United States who shall immediately institute an
investigation.
(c)(1) The several district courts of the United States are invested
with jurisdiction to prevent and restrain discrimination prohibited by
subsection (b)(1) of this section; and it shall be the duty of the
several United States attorneys, in their respective districts, under
the direction of the Attorney General, to institute proceedings to
prevent and restrain such discrimination. Such proceedings may be by
way of petitions setting forth the case and requesting that the
discrimination be enjoined or otherwise prohibited. Pending such
petition and before final decree, the court may at any time make such
temporary restraining order or prohibition as it determines appropriate
under the circumstances of the case.
(2) Whenever it shall appear to the court before which any proceeding
under paragraph (1) of this subsection may be pending, that the ends of
justice require that other parties should be brought before the court,
the court may cause them to be summoned, whether they reside in the
district in which the court is held or not; and subpenas to that end
may be served in any district by the marshal thereof.
(3) Any proceeding under paragraph (1) of this subsection against any
corporation may be brought not only in the judicial district in which it
is incorporated, but also in any district in which it may be found or
transacts business; and all process in such cases may be served in the
district in which it is incorporated, or wherever it may be found.
(4) In any proceeding brought in any district court of the United
States pursuant to this section, the Attorney General may file with the
clerk of such court a certificate of the Secretary of Defense that, in
his opinion, the proceeding is of critical importance to the effective
operation of the Armed Forces of the United States and that immediate
relief from the discrimination is necessary, a copy of which shall be
immediately furnished by such clerk to the chief judge of the circuit
(or, in his absence, the presiding circuit judge) in which the
proceeding is pending. Upon receipt of the copy of such certificate, it
shall be the duty of the chief judge of the circuit or the presiding
circuit judge, as the case may be, to designate immediately three judges
in such circuit, of whom at least one shall be a circuit judge, to hear
and determine such proceeding. Except as to causes which the court
considers to be of greater urgency, proceedings before any district
court under this section shall take precedence over all other causes and
shall be assigned for hearing and trial at the earliest practicable date
and expedited in every way.
(5) In every proceeding brought in any district court of the United
States under this section, an appeal from the final order of the
district court will be only to the Supreme Court.
(d)(1) For the purpose of any investigation instituted by the
Attorney General pursuant to subsection (b) of this section, he, or his
designee, shall at all reasonable times(A) have access to the premises
or property of, (B) have access to and the right to copy the books,
records, and other writings of, (C) have the right to take the sworn
testimony of, and (D) have the right to administer oaths and
affirmations to, any person as may be necessary or appropriate, in his
discretion, to the enforcement of this section and the regulations or
orders issued thereunder.
(2) The Attorney General shall issue rules and regulations insuring
that the authority of paragraph (1) of this subsection will be utilized
only after the scope and purpose of the investigation, inspection, or
inquiry to be made have been defined by competent authority, and it is
assured that no adequate and authoritative data are available from any
Federal or other responsible agency. In case of contumacy by, or
refusal to obey a subpena served upon, any person with respect to any
action taken by the Attorney General under paragraph (1) of this
subsection, the district court of the United States for any district in
which such person is found or resides or transacts business, upon
application by the Attorney General, shall have jurisdiction to issue an
order requiring such person to appear and give testimony or to appear
and produce documents, or both; and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
(3) The production of any person's books, records, or other
documentary evidence shall not be required at any place other than the
place where such person usually keeps them, if, prior to the return date
specified in the regulations, subpena, or other document issued with
respect thereto, such person furnishes the Attorney General with a true
copy of such books, records, or other documentary evidence (certified by
such person under oath to be a true and correct copy) or enters into a
stipulation with the Attorney General as to the information contained in
such books, records, or other documentary evidence. Witnesses shall be
paid the same fees and mileage that are paid witnesses in the courts of
the United States.
(4) Any person who willfully performs any act prohibited, or
willfully fails to perform any act required, by paragraph (1) of this
subsection, or any rule, regulation, or order issued under paragraph (2)
of this subsection, shall upon conviction be fined not more than $1,000
or imprisoned for not more than one year or both.
(5) Information obtained under this section which the Attorney
General deems confidential or with reference to which a request for
confidential treatment is made by the person furnishing such information
shall not be published or disclosed unless the Attorney General
determines that the withholding thereof is contrary to the interest of
the national defense. Any person who willfully violates this subsection
shall, upon conviction, be fined not more than $10,000, or imprisoned
for not more than one year, or both. All information obtained by the
Attorney General under this section and which he deems confidential
shall not be published or disclosed, either to the public or to another
Federal agency, not including the Congress or any duly authorized
committee thereof in the performance of its functions, unless the
Attorney General determines that the withholding thereof is contrary to
the interests of the national defense, and any person willfully
violating this provision shall, upon conviction, be fined not more than
$10,000 or imprisoned for not more than one year, or both.
(6) Any person subpenaed under this section shall have the right to
make a record of his testimony and to be represented by counsel.
(7) No individual who, having claimed his privilege against
self-incrimination, is compelled to testify or produce evidence,
documentary or otherwise, under the provision of this section, may be
prosecuted in any criminal proceeding of the offense of discrimination
established by this section.
(e) As used in this section--,
(1) The term " United States" when used in a geographical sense
includes the several States, the possessions of the United States,
the Canal Zone, and the District of Columbia.
(2) The term "discrimination" means the willful refusal or
failure of a supplier, when requested by the Secretary of Defense
or his designee, to supply petroleum products for the use of the
Armed Forces of the United States under the terms of any contract
or under the authority of the Defense Production Act, as amended
(64 Stat. 798, 50 U.S.C. App. 2061 - 2166), the Emergency
Petroleum Allocation Act, as amended (Public Law 93 - 159); //15
USC 751 note.// or under the provisions of any other authority, on
terms not inconsistent with the applicable Armed Services
Procurement Regulations, as amended from time to time, and at
prices which are fair and reasonable and do not exceed prices
received for similar products and quantities from other domestic
or foreign customers. Disagreements as to price or other terms or
conditions shall be disputes as to questions of fact to be
resolved in the manner prescribed by the applicable Armed Services
Procurement Regulations, as amended from time to time, for the
settlement of disputes arising out of contracts and shall not be a
basis for delay or refusal to supply petroleum products.
(3) The term "supplier" means any citizen or national of the
United States, any corporation organized or operating within the
United States, or any organization controlled by any United States
citizen, national, or corporation organized or operating within
the United States, engaged in producing, refining or marketing of
petroleum or petroleum products.
(f) Any supplier who willfully discriminates as prohibited by
subsection (b)(1) of this section shall, upon conviction, be fined not
more than $100,000 or imprisoned for not more than two years, or both.
(g) If any provision of this section or the application thereof to
any persons or circumstances is held invalid, the validity of the
remaining provisions of this section and the application of such
provision to other persons and circumstances shall not be affected
thereby.
(h) The provisions of this section shall expire two years after the
date of enactment of this Act, except that--,
(1) any supplier who, before the date of the expiration of this
section, willfully violated any provision of this section shall be
punished in accordance with the provisions of such section as in
effect on the date the violation occurred;
(2) any proceeding relating to any provision of this section
which is pending at the time this section expires shall be
continued by the Attorney General as if this subsection had not
been enacted, and orders issued in any such proceeding shall
continue in effect as if they had been effectively issued under
this section before the expiration thereof or until otherwise
terminated by appropriate action;
(3) the expiration of this section shall not affect any suit,
action, or other proceeding lawfully commenced before the
expiration of this section, and all such suits, actions, and
proceedings shall be continued, proceedings therein had, appeals
therein, taken, and judgments therein rendered, in the same manner
and with the same effect as if this section had not expired; and
(4) the provisions of this section relating to the improper
publication or disclosure of information shall continue in effect,
in the same manner and with the same effect as if this section had
not expired, with respect to any publication or disclosure
(prohibited by such section before the expiration thereof) made
after the expiration of such section if the information published
or disclosed was obtained under authority of this section before
the expiration of this section.
Sec. 817. The Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a plan
that identifies the platform and funding for AEGIS fleet implementation.
Sec. 818. (a) Notwithstanding any other provision of law, none of the
funds authorized to be appropriated by this or any other Act //50 USC
1511 note.// shall be used for the purpose of production of lethal
binary chemical munitions unless the President certifies to Congress
that the production of such munitions is essential to the national
interest and submits a full report thereon to the President of the
Senate and the Speaker of the House of Representatives as far in advance
of the production of such munitions as is practicable.
(b) For purposes of this section the term "lethal binary chemical
munitions" means (1) any toxic chemical (solid, liquid, or gas) which,
through its chemical properties, is intended to be used to produce
injury or death to human beings, and (2) any unique device, instrument,
apparatus, or contrivance, including any components or accessories
thereof, intended to be used to disperse or otherwise disseminate any
such toxic chemical.
Sec. 819. (a) Notwithstanding any other provision of law, the
aggregate amount of any upward adjustments in certain elements of
compensation of members of the uniformed services required by section
1009 of title 37, United States Code, //37 USC 1009 note.// may not
exceed 5 per centum during the period from January 1, 1975, through June
30, 1976, except that no such restriction shall apply unless a 5 per
centum restriction on the aggregate amount of upward adjustments of the
General Schedule of compensation for Federal classified employees as
contained in section 5332 of title 5, United States Code, is also
required during that period.
(b) No reduction in compensation is required under subsection (a) of
any upward adjustment that may have been put into effect under section
1009 of title 37, United States Code, between January 1, 1975, and the
date of enactment of this section.
(c) Any upward adjustment in compensation which has been limited by
subsection (a) of this section to an amount or amounts less than
otherwise would have been in effect shall not be increased subsequent to
June 30, 1976--,
(1) in order to compensate a member for the difference between
the amounts he has received under the provisions of subsection (a)
and the amounts he would have otherwise received; or
(2) except in accordance with the normal procedures and timing
which would have been in effect for any such pay increase
subsequent to June 30, 1976, without regard to any limitation
under subsection (a) of this section.
Sec. 820. (a) Notwithstanding any other provision of law, the total
number of enlisted members of the Armed Forces of the United States that
may be assigned or otherwise detailed to duty as enlisted aides on the
personal staffs of officers of the Army, Navy, Marine Corps, Air Force,
and Coast Guard (when operating as a service of the Navy) during any
fiscal year shall be a number determined by (1) multiplying 4 times the
number of officers serving on full-time active duty at the end of the
fiscal year in the pay grade of O-10, (2) multiplying 2 times the number
of officers serving on full-time active duty at the end of the fiscal
year in the pay grade of O-9, and (3) adding the products obtained under
clauses (1) and (2).
(b) The Secretary of Defense shall allocate the aides authorized by
subsection (a) of this section among officers of the Armed Forces, in
such numbers as he determines appropriate, on the basis of the duties of
such officers.
(c) This section shall not apply with respect to the number of aides
assigned to generals of the Army or admirals of the Fleet.
Sec. 821. Notwithstanding any provision of section 2004 of title 10,
United States Code, //10 USC 2004 note.// an officer in any pay grade
who was in a missing status (as defined in section 551(2) of title 37,
United States Code) after August 4, 1964, and before May 8, 1975, may be
selected for detail for legal training under that section 2004 on other
than a competitive basis and, if selected for that training, is not
counted in computing, for the purpose of subsection (a) of that section
2004, the number of officers who may commence that training in any
single fiscal year. For the purposes of determining eligibility under
that section 2004, the period of time during which an officer was in
that missing status may be disregarded in computing the period he has
served on active duty.
Sec. 822. This Act may be cited as the " Department of Defense
Appropriation Authorization Act, 1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 199 (Comm. on Armed Services) and Nos. 94 -
413 and 94 - 488 (Comm. of Conference).
SENATE REPORTS: No. 94 - 146 accompanying S. 920 (Comm. on Armed
Services) and Nos. 94 - 334 and 94 - 385 (Comm. of Conference).
CONGRESSIONAL Record, Vol. 121 (1975):
May 15, 19, 20, considered and passed House.
May 22, June 2 - 5, S. 920 considered in Senate.
June 6, considered and passed Senate, amended, in lieu of S.
920.
July 30, House agreed to conference report.
Aug. 1, Senate rejected conference report.
Sept. 3, House disagreed to Senate amendments and asked for
further conference with the Senate; Senate insisted upon its
amendments and requested further conference with the House.
Sept. 24, House agreed to conference report.
Sept. 26, Senate agreed to conference report.
Public Law 94-105, 89 Stat. 511, National School Lunch Act, and Child
Nutrition Act of 1966. Amendments of 1975.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " National School Lunch Act and Child Nutrition Act of 1966
Amendments of 1975". //42 USC 1751 note.//
Sec. 2. Section 4(a) of the Child Nutrition Act of 1966 (80 Stat.
885, as amended) //42 USC 1773.// is amended by striking out "for the
fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975,".
Sec. 3. Section 4 of the Child Nutrition Act of 1966 is amended by
adding at the end thereof the following new subsection:
"(g) As a national nutrition and health policy, it is the purpose and
intent of the Congress that the school breakfast program be made
available in all schools where it is needed to provide adequate
nutrition for children in attendance. The Secretary is hereby directed,
in cooperation with State educational agencies, to carry out a program
of information in furtherance of this policy. Within 4 months after the
enactment of this subsection, the Secretary shall report to the
committees of jurisdiction in the Congress his plans and those of the
cooperating State agencies to bring about the needed expansion in the
school breakfast program.".
Sec. 4. Section 6(b) of the National School Lunch Act //42 USC
1755.// (60 Stat. 230, as amended) is amended--
(a) By striking out "nonprofit private" the first time such term
occurs in the proviso of the third sentence and inserting in lieu
thereof "any of the".
(b) By striking out "nonprofit private" the second time such term
occurs in the proviso of the third sentence and inserting in lieu
thereof "such".
(c) By striking out "nonprofit private" where such term occurs in the
fourth sentence.
Sec. 5. Section 7 of the National School Lunch Act //42 USC 1756.//
is amended by inserting after the seventh sentence thereof the following
new sentence: " The requirement in this section that each dollar of
Fderal assistance be matched by $3 from sources within the State (with
adjustments for the per capita income of the State) shall not be
applicable with respect to the payments made to participating schools
under section 4 of this Act //42 USC 1753.// for free and reduced price
lunches: Provided, That the foregoing provision shall not affect the
level of State matching required by the sixth sentence of this
section.".
Sec. 6. Section 9 of the National School Lunch Act //42 USC 1758.//
is amended as follows:
(a) Subsection (a) is amended by adding at the end thereof the
following new sentences: " The Secretary shall establish, in
cooperation with State educational agencies, administrative procedures,
which shall include local educational agency and student participation,
designed to diminish waste of foods which are served by schools
participating in the school lunch program under this Act without
endangering the nutritional integrity of the lunches served by such
schools. Students in senior high schools which participate in the
school lunch program under this Act shall not be required to accept
offered foods which they do not intend to consume, and any such failure
to accept offered foods shall not affect the full charge to the student
for a lunch meeting the requirements of this subsection or the amount of
payments made under this Act to any such school for such a lunch.".
(b) Subsection (b) is amended--,
(1) By inserting "(1)" immediately after the subsection
designation.
(2) By striking out in the fifth sentence thereof the
following: ", if a school elects to serve reduced-price lunches".
(3) By inserting immediately after the fifth sentence thereof
the following new sentence: " Any child who is eligible for a
reduced price lunch under income guidelines prescribed for schools
in that State under the preceding sentence shall be served a
reduced price lunch.".
(4) By adding at the end thereof the following new sentence: "
Notwithstanding any other provision of this subsection, beginning
with the fiscal year ending June 30, 1976, the income guidelines
prescribed by each State educational agency for reduced price
lunches for schools in that State under the fifth sentence of this
paragraph shall be 95 per centum above the applicable family size
income levels in the income poverty guidelines prescribed by the
Secretary, and any child who is a member of a household, if that
household has an annual income which falls between (A) the
applicable family size income level of the income guidelines for
free lunches prescribed by the State educational agency and (B) 95
per centum above the applicable family size income levels in the
income poverty guidelines prescribed by the Secretary, shall be
served a reduced price lunch at a price not to exceed 20 cents.".
(c) Effective January 1, 1976, paragraph (1) of subsection (b) is
revised to read as follows:
"(b)(1) No later than June 1 of each fiscal year, the Secretary shall
issue revised income poverty guidelines for use during the subsequent
12-month period from July through June. Such revisions shall be made by
multiplying the income poverty guideline currently in effect by the
change in the Consumer Price Index for the 12-month period ending in
April of such fiscal year: Provided, That such revision for use from
July 1976 through June 1977 shall be made by multiplying the income
poverty guideline currently in effect by the change between the average
1974 Consumer Price Index and the Consumer Price Index for April 1976.
Any child who is a member of a household which has an annual income not
above the applicable family-size income level set forth in the income
poverty guidelines prescribed by the Secretary shall be served a free
lunch. Following the announcement by the Secretary of the income
poverty guidelines for each 12-month period, each State educational
agency shall prescribe the income guidelines, by family size, to be used
by schools in the State during such 12-month period in making
determinations of those eligible for a free lunch as prescribed in this
section. The income guidelines for free lunches to be prescribed by each
State educational agency shall not be less than the applicable
family-size income levels in the income poverty guidelines prescribed by
the Secretary and shall not be more than 25 per centum above such
family-size income levels. Each fiscal year, each State educational
agency shall also prescribe income guidelines, by family size, to be
used by schools in the State during the 12-month period from July
through June in making determinations of those children eligible for a
lunch at a reduced price, not to exceed 20 cents. Such income
guidelines for reduced-price lunches shall be prescribed at 95 per
centum above the applicable family size income levels in the income
poverty guidelines prescribed by the Secretary. Any child who is a
member of a household, if that household has an annual income which
falls between (A) the applicable family size income level of the income
guidelines for free lunches prescribed by the State educational agency
and (B) 95 per centum above the applicable family size income levels in
the income poverty guidelines prescribed by the Secretary, shall be
served a reduced price lunch at a price not to exceed 20 cents. Local
school authorities shall publicly announce such income guidelines on or
about the opening of school each fiscal year, and shall make
determinations with respect to the annual incomes of any household
solely on the basis of a statement executed in such form as the
Secretary may prescribe by an adult member of such household: Provided,
That such local school authorities may for cause seek verification of
the data in such application. No physical segregation of or other
discrimination against any child eligible for a free lunch or a reduced
price lunch shall be made by the school nor shall there be any overt
identification of any child by special tokens or tickets, announced or
published lists of names, or by other means. For purposes of this
subsection, ' Consumer Price Index' means the Consumer Price Index
published each month by the Bureau of Labor Statistics of the Department
of Labor.".
(d) Subsection (b) is further amended by adding at the end thereof
the following new paragraph (2):
"(2) Any child who has a parent or guardian who (A) is responsible
for the principal support of such child and (B) is unemployed shall be
served a free or reduced price lunch, respectively, during any period
(i) in which such child's parent or guardian continues to be unemployed
and (ii) the income of the child's parents or guardians during such
period of unemployment falls within the income eligibility criteria for
free lunches or reduced price lunches, respectively, based on the
current rate of income of such parents or guardians. Local school
authorities shall publicly announcing that such children are eligible
for a free or reduced price lunch, and shall make determinations with
respect to the status of any parent or guardian of any child under
clauses (A) and (B) of the preceding sentence solely on the basis of a
statement executed in such form as the Secretary may prescribe by such
parent or guardian. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced price lunch under this
paragraph shall be made by the school nor shall there be any overt
identification of any such child by special tokens or tickets, announced
or published lists of names, or by any other means.".
(e) Subsection (c) is amended by striking out "nonprofit private
schools" and inserting in lieu thereof "schools (as defined in section
12(d)(6) of this Act which are private and nonprofit as defined in the
last sentence of section 12(d)(6) of this Act)".
Sec. 7. Section 10 of the National School Lunch Act //42 USC 1759.//
is amended to read as follows:
" Sec. 10. If, in any State, the State educational agency is not
permitted by law to disburse the funds paid to it under this Act to any
of the schools in the State, or is not permitted by law to match Federal
funds made available for use by such schools, the Secretary shall
disburse the funds directly to such schools within the State for the
same purposes and subject to the same conditions as are authorized or
required with respect to the disbursements to schools within the State
by the State educational agency, including the requirement that any such
payment or payments shall be matched, in the proportion specified in
section 7 for such State, by funds from sources within the State
expended by such schools within the State participating in the school
lunch program under this Act. Such funds shall not be considered a part
of the funds constituting the matching funds under the terms of section
7.".
Sec. 8. Section 11 of the National School Lunch Act //42 USC 1759a.//
is amended--
(a) By striking out in paragraph (1) of subsection (e) " Not later
than January 1 of each year" and inserting in lieu thereof the
following: " Each year by not later than a date specified by the
Secretary".
(b) By striking out in paragraph (1) of subsection (e) the word
"fiscal" and inserting in lieu thereof the following: "school".
Sec. 9. (a) Section 12(d) of the National School Lunch Act //42 USC
1760.// is amended by striking out paragraph (3) and by redesignating
paragraphs (4) through (7) as paragraphs (3) through (6), respectively.
(b) Section 12(d)(1) of the National School Lunch Act is amended by
striking out "or American Samoa" and inserting in lieu thereof "
American Samoa, or the Trust Territory of the Pacific Islands".
(c) Section 12(d)(6) of the National School Lunch Act (as
redesignated by subsection (a) of this section) is amended to read as
follows:
"(6) ' School' means (A) any public or nonprofit private school
or high school grade or under, (B) any public or licensed
nonprofit private residential child care institution (including,
but not limited to, orphanages and homes for the mentally
retarded), and (C) with respect to the Commonwealth of Puerto
Rico, nonprofit child care centers certified as such by the
Governor of Puerto Rico. For purposes of clauses (A) and (B) of
this paragraph, the term 'nonprofit', when applied to any such
private school or institution, means any such school or
institution which is exempt from tax under section 501(c)(3) of
the Internal Revenue Code of 1954.". //26 USC 501.//
(d) Section 12 of the National School Lunch Act //42 USC 1760.// is
amended by adding at the end thereof the following new subsection (e):
"(e) The value of assistance to children under this Act shall not be
considered to be income or resources for any purposes under any Federal
or State laws, including laws relating to taxation and welfare and
public assistance programs.".
Sec. 10. Section 14 of the National School Lunch Act //42 USC
1762a.// is amended by inserting "(a)" immediately after the section
designation, by striking out " June 30, 1975" and inserting in lieu
thereof " September 30, 1977", and by adding at the end thereof the
following new subsection:
"(b) Among the products to be included in the food donations to the
school lunch program shall be cereal and shortening and oil products.".
Sec. 11. Section 6 of the National School Lunch Act //42 USC 1755.//
is amended--
(a) By adding at the end of subsection (a) the following new
sentence: " In making purchases of such agricultural commodities and
other foods, the Secretary shall not issue specifications which restrict
participation of local producers unless such specifications will result
in significant advantages to the food service programs authorized by
this Act and the Child Nutrition Act of 1966.". //42 USC 1771 note.//
(b) By adding at the end of subsection (e) the following new
sentence: " Notwithstanding any other provision of this section, not
less than 75 per centum of the assistance provided under this subsection
(e) shall be in the form of donated foods for the school lunch
program.".
Sec. 12. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 16. //42 USC 1765.// (a) Notwithstanding any other provision
of law, where a State phased out its commodity distribution facilities
prior to June 30, 1974, such State may, for purposes of the programs
authorized by this Act and the Child Nutrition Act of 1966, elect to
receive cash payments in lieu of donated foods. Where such an election
is made, the Secretary shall make cash payments to such State in an
amount equivalent in value to the donated foods that the State would
otherwise have received if it had retained its commodity distribution
facilities. The amount of cash payments in the case of lunches shall be
governed by section 6(e) of this Act.
"(b) When such payments are made, the State educational agency shall
promptly and equitable disburse any cash it receives in lieu of
commodities to eligible schools and institutions, and such disbursements
shall be used by such schools and institutions to purchase United States
agricultural commodities and other foods for their food service
programs.".
Sec. 13. Effective October 1, 1975, section 13 of the National School
Lunch Act //42 USC 1761.// is amended to read as follows:
" Sec. 13. (a)(1) There is hereby authorized to be appropriated such
sums as are necessary for the fiscal year ending June 30, 1976, for the
period July 1, 1976, through September 30, 1976, and for the fiscal year
ending September 30, 1977, to enable the Secretary to formulate and
carry out a program to assist States through grants-in-aid and other
means, to initiate, maintain, and expand nonprofit food service programs
for children in service institution. For purposes of this section, the
term 'service institutions' means nonresidential public or private,
nonprofit institutions, and residential public or private nonprofit
summer camps that develop special summer programs providing food service
similar to that available to children under the school lunch program
under this Act or the school breakfast program under the Child Nutrition
Act of 1966 //42 USC 1771 note.// during the school year. To the
maximum extent feasible, consistent with the purposes of this section,
special summer programs shall utilize the existing food service
facilities of public and nonprofit private schools. Any eligible
service institution shall receive the summer food program upon its
request.
"(2) Service institutions eligible to participate under the program
authorized under this section shall be limited to those which conduct a
regularly scheduled program for children from areas in which poor
economic conditions exist, for any period during the months of May
through September, at site locations where organized recreation
activities or food services are provided for children in attendance.
"(3) For the purposes of this section, 'poor economic conditions'
shall mean an area in which at least 33 1/3 per centum of the children
are eligible for free or reduced price school meals under the National
School Lunch Act and Child Nutrition Act //42 USC 1751 note.// as shown
by information provided from model city target areas, departments of
welfare, zoning commissions, census tracts, by the number of free and
reduced price lunches or breakfasts served to children attending schools
located in the area of summer food sites, or from other applicable
sources. ' State' shall mean any of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
"(b) Disbursement to service institutions shall equal the full cost
of food service operations, except that such financial assistance to any
such institution shall not exceed (1) 75.5 cents for all costs excepting
administrative costs for each lunch and supper served, (2) 6 cents for
administrative costs for each lunch and supper served, (3) 42 cents for
all costs except administrative costs for each breakfast served, (4) 3
cents for administrative costs for each breakfast served, (5) 19.75
cents for all costs except administrative costs for each meal supplement
served: Provided, That the above amounts shall be adjusted each March 1
to the nearest one-fourth cent in accordance with changes for the year
ending January 31 in the series for food away from home of the Consumer
Price Index published by the Bureau of Labor Statistics of the
Department of Labor. The initial such adjustment shall reflect the
change in the series for food away from home during the period January
31, 1975, to January 31, 1976. The cost of food service operations
shall include the cost of obtaining, preparing, and serving food and
related administrative costs. No service institution shall be
prohibited from serving breakfasts, suppers, and meal supplements as
well as lunches unless the service period of different meals coincides
or overlaps.
"(c) Disbursements shall be made to service institutions only for
meals served during the months of May through September, except that the
foregoing provision shall not apply to institutions which develop food
service programs for children on school vacation at any time under a
continuous school calendar or prevent such institutions, if otherwise
eligible, from participating in the program authorized by this section.
"(d) No later than June 1, July 1, and August 1 of each year, the
Secretary shall forward to each State an advance payment for meals to be
served in that month pursuant to subsection (b), which amount shall be
no less than (1) the total payment made to such State for meals served
pursuant to subsection (b) for the same calendar month of the preceding
calendar year or (2) 65 per centum of the amount estimated by the State,
on the basis of approved applications, to be needed to reimburse service
institutions for meals to be served pursuant to subsection (b) in that
month, whichever is the greater. The Secretary shall forward any
remaining payment due pursuant to subsection (b) no later than 60 days
following receipt of valid claims. Any funds advanced to a State for
which valid claims have not been established within 180 days shall be
deducted from the next appropriate monthly advance payment unless the
claimant requests a hearing with the Secretary prior to the 180th day.
Institutions operating programs during nonsummer vacations during a
continuous school year calendar shall receive advance payments not later
than the first day of each month involved.
"(e) Service institutions to which funds are disbursed under this
section shall serve meals consisting of a combination of foods and
meeting minimum nutritional standards prescribed by the Secretary on the
basis of tested nutritional research. Such meals shall be served
without cost to children attending service institutions approved for
operation under this section.
"(f) The Secretary shall publish proposed regulations relating to the
implementation of the summer food program by January 1 of each fiscal
year, and shall publish final regulations, guidelines, applications, and
handbooks by March 1 of each fiscal year. In order to improve program
planning, the Secretary is authorized to provide that service
institutions receive as startup costs not to exceed 10 per centum of the
Federal funds provided such service institutions for meals served
pursuant to this section during the preceding summer. Any such startup
costs shall be subtracted from payments subsequently made to service
institutions for meals served pursuant to subsection (b) of this
section.
"(g) Each participating service institution shall, insofar as
practicable, utilize in its program foods designated from time to time
by the Secretary as being in abundance, either nationally or in the
institution area, or foods donated by the Secretary. Irrespective of
the amount of funds appropriated under this section, foods available
under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), or
purchased under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), or section 709 of the Food and Agriculture Act of 1965 (7 U.S.C.
1446a-1), shall be donated by the Secretary to service institutions in
accordance with the needs as determined by authorities of these
institutions for utilization in their feeding programs.
"(h) If in any State the State educational agency is not permitted by
law or is otherwise unable to disburse the funds paid to it under this
section to any service institution in the State, the Secretary shall
disburse the funds directly to service institutions in the State for the
same purpose and subject to the same conditions as are required of a
State educational agency disbursing funds made available under this
section.
"(i) Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished as a
result of funds received under this section.
"(j) There is hereby authorized to be appropriated such sums as may
be necessary for the Secretary's administrative expenses under this
section.
"(k) The Secretary shall pay to each State for administrative costs
incurred pursuant to this section an amount equal to 2 per centum of the
funds distributed to that State pursuant to subsection (b): Provided,
That no State shall receive less than $10,000 each fiscal year for its
administrative costs unless the funds distributed to that State pursuant
to subsection (b) total less than $50,000 for such fiscal year.
"(l) Nothing in this section shall be construed as precluding a
service institution from contracting on a competitive basis for the
furnishing of meals or administration of the program, or both.
"(m) States, State educational agencies, and service institutions
participating in programs under this section shall keep such accounts
and records as may be necessary to enable the Secretary to determine
whether there has been compliance with this section and the regulations
hereunder. Such accounts and records shall at all times be available
for inspection and audit by representatives of the Secretary and shall
be preserved for such period of time, not in excess of 5 years, as the
Secretary determines is necessary.".
Sec. 14. Effective beginning with the fiscal year ending June 30,
1976, section 17 of the Child Nutrition Act of 1966 //42 USC 1786.// is
revised to read as follows:
" Sec. 17. (a) The Congress finds that substantial numbers of
pregnant women, infants, and young children are at special risk in
respect to their physical and mental health by reason of poor or
inadequate nutrition or health care, or both. It is, therefore, the
purpose of the program authorized by this section to provide
supplemental nutritious food as an adjunct to good health care during
such critical times of growth and development in order to prevent the
occurrence of health problems.
"(b)(1) During the fiscal year ending June 30, 1976, the period July
1, 1976, through September 30, 1976, the fiscal year ending September
30, 1977, and the fiscal year ending September 30, 1978, the Secretary
shall make cash grants to the health department or comparable agency of
each State, Indian tribe, band or group recognized by the Department of
the Interior; or the Indian Health Service of the Department of Health,
Education, and Welfare, for the purpose of providing funds to local
health or welfare agencies or private nonprofit agencies of such State;
Indian tribe, band, or group recognized by the Department of the
Interior; or the Indian Health Service of the Department of Health,
Education, and Welfare, serving local health or welfare needs to enable
such agencies to carry out health and nutrition programs under which
supplemental foods will be made available to pregnant or lactating women
and to infants determined by competent professionals to be nutritional
risks because of inadequate nutrition and inadequate income, in order to
improve their health status. The program authorized by this section
shall be carried out supplementary to the food stamp and food
distribution program and operate side by side with existing supplemental
food programs.
"(2) Any eligible local health or welfare agency or private nonprofit
agency that applies to operate such a supplemental food program
immediately shall be provided with the necessary funds to carry out the
program. The requirements set forth herein shall not be construed to
permit the Secretary to reduce ratably the amount of foods that an
eligible health or welfare agency shall distribute under the program to
pregnant or lactating mothers and infants.
"(c) In order to carry out such program during each fiscal year
during the period ending September 30, 1977, there is authorized to be
appropriated the sum of $250,000,000, but in the event that such sum has
not been appropriated for such purpose by the beginning of each fiscal
year, the Secretary shall use $250,000,000, or, if any amount has been
appropriated for such program, the difference, if any, between the
amount directly appropriated for such purpose and $250,000,000, out of
funds appropriated by section 32 of the Act of August 24, 1935 (7 U.
S.C. 612c). Any funds expended from such section 32 to carry out the
provisions of this section shall be reimbursed out of any supplemental
appropriation hereafter enacted for the purpose of carrying out the
provisions of such subsection, and such reimbursements shall be
deposited into the fund established pursuant to such section 32, to be
available for the purpose of such section. In order to carry out the
program during the fiscal year ending September 30, 1978, there is
authorized to be appropriated not to exceed $250,000,000.
"(d) Whenever any program is carried out by the Secretary under
authority of this section through any State or local or nonprofit
agency, he is authorized to pay administrative costs not to exceed 20
per centum of the program funds provided to each State under the
authority of this section. Each health department or comparable agency
of each State, Indian tribe, band, or group recognized by the Department
of the Interior; or the Indian Health Service of the Department of
Health, Education, and Welfare receiving funds from the Secretary under
this section shall, by January 1 of each year (by December 1 in the case
of fiscal year 1976), for approval by the Secretary as a prerequisite to
receipt of funds under this section, submit a description of the manner
in which administrative funds shall be spent, including, but not limited
to, a description of the manner in which nutrition education services
will be provided. The Secretary shall take affirmative action to insure
that programs begin in areas most in need of special supplemental food.
During the first 3 months of any program, or until the program reaches
its projected caseload level, whichever comes first, the Secretary shall
pay those administrative costs necessary to commence the program
successfully.
"(e) The eligibility of persons to participate in the program
provided for under this section shall be determined by competent
professional authority. Participants shall be residents of areas or
members of populations served by clinics or other health facilities
determined to have significant numbers of infants and pregnant and
lactating women at nutritional risk.
"(f) State or local agencies or groups carrying out any programs
under this section shall maintain adequate medical records on the
participants assisted to enable the Secretary to determine and evaluate
the benefits of the nutritional assistance provided under this section.
The Secretary shall convene an advisory committee made up of
representatives from the Maternal and Child Health Division of the
Department of Health, Education, and Welfare, the Center for Disease
Control, the Association of State and Territorial Public Health
Nutrition Directors, the American Academy of Pediatrics, the National
Academy of Science--National Research Council, the American * Dietetic
Association, the American Public Health Association, the Public Health
Service, and others as the Secretary deems appropriate. The committee
shall study the methods available to evaluate successfully and
economically, in part or in total, the health benefits of the special
supplemental food program. The committee's study shall consider the
usefulness of the medical data collected and the methodology used by the
Department of Agriculture and the Comptroller General of the United
States prior to March 30, 1975. The study shall also include the
applicability to an evaluation of the special supplemental food program
of other Federal and State health, welfare, and nutrition assessment and
surveillance projects currently being conducted. The purpose of the
advisory committee shall be to determine and recommend in detail how,
using accepted scientific methods, the health benefits of the special
supplemental food program may best be evaluated and assessed. The
advisory committee shall report its study to the Secretary no later than
March 1, 1976. The Secretary shall submit to Congress his
recommendations based on such study no later than June 1, 1976.
"(g) As used in this section--,
"(1) ' Pregnant and lactating women' when used in connection with the
term 'at nutritional risk' includes women from low-income populations
who demonstrate one or more of the following characteristics: known
inadequate nutritional patterns, unacceptably high incidence of anemia,
high prematurity rates, or inadequate patterns of growth (underweight,
obesity, or stunting). Such term (when used in connection with the term
'at nutritional risk') also includes low-income individuals who have a
history of high-risk pregnancy as evidenced by abortion, premature
birth, or severe anemia. Such lactating women shall include women who
are breast feeding an infant from birth up to one year of age and also
all women for a period of six months post partum.
"(2) ' Infants' when used in connection with the term 'at nutritional
risk' means children under 5 years of age who are in low-income
populations which have shown a deficient pattern of growth, by minimally
acceptable standards, as reflected by an excess number of children in
the lower percentiles of height and weight. Such term, when used in
connection with 'at nutritional risk', may also include children under 5
years of age who (A) are in the parameter of nutritional anemia, or (B)
are from low-income populations where nutritional studies have shown
inadequate infant diets.
"(3) ' Supplemental foods' shall mean those foods containing
nutrients known to be lacking in the diets of populations at nutritional
risk and, in particular, those foods and food products containing
high-quality protein, iron, calcium, vitamin A, and vitamin C. Such
term may also include (at the discretion of the Secretary) any
commercially formulated preparation specifically designed for women or
infants. The contents of the food package shall be made available in
such a manner as to provide flexibility, taking into account medical and
nutritional objectives and cultural eating patterns.
"(4) ' Competent professional authority' includes physicians,
nutritionists, registered nurses, dietitians, or State or local
medically trained health officials, or persons designated by physicians
or State or local medically trained health officials as being competent
professionally to evaluate nutritional risk.
"(5) ' Administrative costs' include costs for referral, operation,
monitoring, nutrition education, general administration, startup,
clinic, and administration of the State office.
"(h)(1) There is hereby established a council to be known as the
National Advisory Council on Maternal, Infant, and Fetal Nutrition
(hereinafter in this section referred to as the ' Council') which shall
be composed of 15 members appointed by the Secretary. One member shall
be a State director of the special supplemental food program, 1 member
shall be a State fiscal director for the special supplemental food
program (or the equivalent thereof), 1 member shall be a project
director of a special supplemental food program in an urban area, 1
member shall be a project director of a special supplemental food
program in a rural area, 1 member shall be a State public health
nutrition director (or equivalent thereof), 2 members shall be parent
recipients of the special supplemental food program, 1 member shall be a
pediatrician, 1 member shall be an obstetrician, 1 member shall be a
person involved at the retail sales level of food in the special
supplemental food program, 2 members shall be officers or employee of
the Department of Health, Education, and Welfare, specially qualified to
serve on the Council because of their education, training, experience,
and knowledge in matters relating to maternal, infant, and fetal
nutrition, and 2 members shall be officers or employees of the
Department of Agriculture, specially qualified because of their
education, training, experience, and knowledge in matters relating to
maternal, infant, and fetal nutrition.
"(2) The 11 members of the Council appointed from outside the
Department of Agriculture and the Department of Health, Education, and
Welfare shall be appointed for terms of 3 years, except that the 9
members first appointed to the Council shall be appointed as follows:
Three members shall be appointed for terms of 3 years, 3 members shall
be appointed for terms of 2 years, and 3 members shall be appointed for
terms of 1 year. Thereafter all appointments shall be for a term of 3
years, except that a person appointed to fill an unexpired term shall
serve only for the remainder of such term. Members appointed from the
Department of Agriculture and the Department of Health, Education, and
Welfare, shall serve at the pleasure of the Secretary.
"(3) The Secretary shall designate one of the members to serve as
Chairman and one to serve as Vice Chairman of the Council.
"(4) The Council shall meet at the call of the Chairman but shall
meet at least once a year.
"(5) Eight members shall constitute a quorum and a vacancy on the
Council shall not affect its powers.
"(6) It shall be the function of the Council to make a continuing
study of the operation of the special supplemental food program and any
related Act under which diet supplementation is provided to women,
infants, and children, with a view to determining how such programs may
be improved. The Council shall submit to the President and the Congress
annually a written report of the results of its study together with such
recommendations for administrative and legislative changes as it deems
appropriate.
"(7) The Secretary shall provide the Council with such technical and
other assistance, including secretarial and clerical assistance, as may
be required to carry out its functions under this Act.
"(8) Members of the Council shall serve without compensation but
shall receive reimbursement for necessary travel and subsistence
expenses incurred by them in the performance of the duties of the
Council.".
Sec. 15. Section 3 of the Child Nutrition Act of 1966 //42 USC
1772.// is amended--
(1) By inserting immediately after " Guam," in the second sentence
thereof the following: "the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, the Trust Territory of the Pacific Islands,".
(2) By adding at the end thereof the following new sentence: "
Notwithstanding any other provision of this section, in no event shall
the minimum rate of reimbursement exceed the cost to the school or
institution of milk served to children.".
(b) Section 4(b)(1) of the Child Nutrition Act of 1966 //42 USC
1773.// is amended by striking out "and American Samoa," in both places
where such term occurs and inserting in lieu thereof " American Samoa,
and the Trust Territory of the Pacific Islands,".
(c) Section 15(a) of the Child Nutrition Act of 1966 //42 USC 1784.//
is amended by striking out "or American Samoa" and inserting in lieu
thereof " American Samoa, or the Trust Territory of the Pacific
Islands".
Sec. 16. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 17. //42 USC 1766.// (a)(1) There is hereby authorized to be
appropriated such sums as are necessary for the fiscal year ending June
30, 1976, the period July 1, 1976, through September 30, 1976, the
fiscal year ending September 30, 1977, and the fiscal year ending
September 30, 1978, to enable the Secretary to formulate and carry out a
program to assist States through grants-in-aid and other means to
initiate, maintain, or expand nonprofit food service programs for
children in institutions providing child care.
"(2) For purposes of this section, the term 'institution' means any
public or private nonprofit organization where children are not
maintained in permanent residence including, but not limited to, day
care centers, settlement houses, recreation centers, family day care
programs, Head Start centers, Homestart programs, and institutions
providing day care services for handicapped children. No institution
shall be eligible to participate in this program unless it has either
local, State, or Federal licensing or approval as a child care
institution, or can satisfy the Secretary that its standards are no less
comprehensive than the Federal interagency day care requirements as
approved by the Department of Health, Education, and Welfare, the Office
of Economic Opportunity, and the Department of Labor on September 23,
1968. An institution may be approved for funding under this section
only if, under conditions established by the Secretary, such institution
is moving toward compliance with the requirements for tax exempt status
under section 501(c)(3) of the Internal Revenue Code of 1954, //26 USC
501.// or is currently operating a federally funded program requiring
nonprofit status. For purposes of this section, the term ' State' means
any of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust
Territory of the Pacific Islands. Any eligible institution shall
receive the child care food program upon its request.
"(b) For each fiscal year beginning with the fiscal year ending June
30, 1976, the Secretary shall make child care food payments no less
frequently than on a monthly basis to each State educational agency in
an amount no less than the sum of the products obtained by multiplying
(A) the number of breakfasts served in child care food programs within
that State by the national average payment rate for breakfasts under
section 4 of the Child Nutrition Act of 1966, //42 USC 1773.// (B) the
number of breakfasts served in child care food programs within that
State to children from families whose incomes meet the eligibility
criteria for free school meals by the national average payment rate for
free breakfasts under section 4 of the Child Nutrition Act of 1966, (C)
the number of breakfasts served in child care food programs within that
State to children from families whose incomes meet the eligibility
criteria for reduced price school meals by the national average payment
rate for reduced price school breakfasts under section 4 of the Child
Nutrition Act of 1966, (D) the number of lunches and suppers served in
child care food programs within that State by the national average
payment rate for lunches under section 4 of the National School Lunch
Act, //42 USC 1753.// (E) the number of lunches and suppers served in
child care food programs within that State to children from families
whose incomes meet the eligibility criteria for free school meals by the
national average payment rate for free school lunches under section 11
of the National School Lunch Act, //42 USC 1759a.// (F) the number of
lunches and suppers served in child care food programs in that State to
children whose families meet the eligibility criteria for reduced price
school meals by the national average payment factor for reduced price
lunches under section 11 of the National School Lunch Act, (G) the
number of snacks served in child care food programs in that State by 5
cents, (H) the number of snacks served in child care food programs in
that State to children from families whose incomes meet the eligibility
criteria for free school meals by 15 cents, and (I) the number of snacks
served in child care food programs in that State to children from
families whose incomes meet the eligibility criteria for reduced price
school meals by 10 cents. The rates established pursuant to clauses
(G), (H), and (I) shall be adjusted semiannually to the nearest
one-fourth cent by the Secretary to reflect the changes in the series
for food away from home of the Consumer Price Index published by the
Bureau of Labor Statistics of the Department of Labor. The initial such
adjustment shall become effective January 1, 1976, and shall reflect
changes in the series for food away from home during the period June
through November 1975. Reimbursement for meals provided under this
section shall not be dependent upon the collection of moneys from
participating children.
"(c) Meals served by institutions participating in the program under
this section shall consist of a combination of foods and shall meet
minimum nutritional requirements prescribed by the Secretary on the
basis of tested nutritional research. Such meals shall be served free
to needy children. No physical segregation or other discrimination
against any child shall be made because of his inability to pay, nor
shall there be any overt identification of any such child by special
tokens or tickets, announced or published lists of names, or other
means. No institution shall be prohibited from serving a breakfast,
lunch, dinner, and snack to each eligible child each day.
"(d) Funds paid to any State under this section shall be disbursed by
the State educational agency to institutions approved for participation
on a nondiscriminatory basis to reimburse such institutions for their
costs in connection with food service operations, including labor and
administrative expenses. All valid claims from such institutions shall
be paid within 30 days.
"(e) Irrespective of the amount of funds appropriated under this
section, foods available under section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431) or purchased under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c), or section 709 of the Food and Agriculture Act
of 1965 (7 U.S.C. 1446a-1), shall be donated by the Secretary of
Agriculture to institutions participating in the child care food program
in accordance with the needs as determined by authorities of these
institutions for utilization in their feeding programs. The amount of
such commodities (or, upon the application of a State educational
agency, cash in lieu of commodities in such amounts as may be provided
in appropriations Acts) donated to each State for each fiscal year shall
be, at a minimum, the amount obtained by multiplying the number of
lunches and suppers served in participating institutions during that
fiscal year by the rate for commodities and cash in lieu thereof
established for that fiscal year in accordance with the provisions of
section 6(e) of the National School Lunch Act. //42 USC USC 1755.//
"(f) If in any State the State educational agency is not permitted by
law or is otherwise unable to disburse the funds paid to it under this
section to any institution in the State, the Secretary shall disburse
the funds so withheld directly to institutions in the State for the same
purpose and subject to the same conditions as are required of a State
educational agency disbursing funds made available under this section.
"(g) Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished as a
result of funds received under this section.
"(h) There is hereby authorized to be appropriated for any fiscal
year such sums as may be necessary for the Secretary's administrative
expenses under this section.
"(i) States, State educational agencies, and institutions
participating in programs under this section shall keep such accounts
and records as may be necessary to enable the Secretary to determine
whether there has been compliance with this section and the regulations
hereunder. Such accounts and records shall at all times be available
for inspection and audit by representatives of the Secretary and shall
be preserved for such period of time, not in excess of 5 years, as the
Secretary determines is necessary.
"(j)(1) Of the sums appropriated for any fiscal year pursuant to the
authorization contained in this section, $3,000,000 shall be available
to the Secretary for the purposes of providing, during each such fiscal
year, nonfood assistance for the child care food program. The Secretary
shall apportion among the States of the number of children below age 6
who are members of households which have an annual income not above 125
per centum of the applicable family-size income level set forth in the
income poverty guideline prescribed by the Secretary under section 9(b)
of this Act.
"(2) If any State cannot utilize all of the funds apportioned to it
under the provisions of this section, the Secretary shall make further
apportionments to the remaining States. Payments to any State of funds
apportioned under the provisions of this subsection for any fiscal year
shall be made upon condition that at least one-fourth of the cost of
equipment financed under this section shall be borne by funds from
sources within the State, except that such condition shall not apply
with respect to funds used under this section to assist institutions
determined by the State to be especially needy.
"(k) The regulations issued by the Secretary to carry out this
section shall be issued and become effective not later than 90 days
after the date of enactment of the National School Lunch Act and Child
Nutrition Act of 1966 Amendments of 1975. During the period prior to
the effective date of the regulations, the Secretary is authorized to
conduct a food service program in the same manner and under the same
conditions and limitations as the special food service program for
children was conducted under section 13 of the National School Lunch Act
//42 USC 1761.// during the fiscal year ending June 30, 1975.
Notwithstanding the foregoing, the child care food payment rates
provided in subsection (b) of this section and the provisions of
subsection (e) of this section shall become effective on the date of
enactment of the National School Lunch Act and Child Nutrition Act of
1966 Amendments of 1975.".
Sec. 17. (a) Section 4(f) of the Child Nutrition Act of 1966 //42 USC
1773.// is amended by striking out "nonprofit private schools" in the
second sentence and inserting in lieu thereof "schools (as defined in
section 15(c) of this Act which are private and nonprofit as defined in
the last sentence of section 15(c) of this Act)".
(b) Section 15 of the Child Nutrition Act of 1966 //42 USC 1784.// is
amended by striking out paragraph (c), by redesignating paragraphs (d)
and (e) as (c) and (d), respectively, and by amending paragraph (c) (as
redesignated by this subsection) to read as follows:
"(c) ' School' means (A) any public or nonprofit private school of
high school grade or under, including kindergarten and preschool
programs operated by such school, (B) any public or licensed nonprofit
private residential child care institution (including, but not limited
to, orphanages and homes for the mentally retarded), and (C) with
respect to the Commonwealth of Puerto Rico, nonprofit child care centers
certified as such by the Governor of Puerto Rico. For purposes of
clauses (A) and (B) of this subsection, the term 'nonprofit', when
applied to any such private school or institution, means any such school
or institution which is exempt from tax under section 501(c)(3) of the
Internal Revenue Code of 1954.". //26 USC 501.//
Sec. 18. Section 5 of the Child Nutrition Act of 1966 //42 USC
1774.// is amended--
(a) By changing the period at the end of subsection (b) to a comma
and adding the following: "except that such conditions shall not apply
with respect to funds used under this section to assist schools if such
schools are especially needy, as determined by the State.".
(b) Effective beginning with the fiscal year ending June 30, 1976, by
changing subsection (e) to read as follows:
"(e) For the fiscal year ending June 30, 1976, the period July 1,
1976, through September 30, 1976, and the fiscal year ending September
30, 1977, 33 1/3 per centum of the funds appropriated for the purposes
of this section shall be reserved to the Secretary to assist schools
without a food service program and schools without the facilities to
prepare or receive hot meals. For the fiscal year ending June 30, 1976,
the Secretary shall apportion the funds so reserved among the States on
the basis of the ratio of the number of children in each State enrolled
in schools without a food service program to the number of children in
all States enrolled in schools without a food service program. After
the fiscal year ending June 30, 1976, the Secretary shall apportion the
funds so reserved among the States on the basis of the ratio of the
number of children in each State enrolled in schools without a food
service program and in schools without the facilities to prepare or
receive hot meals to the number of children in all States enrolled in
schools without a food service program and in schools without the
facilities to prepare or receive hot meals. In those State in which the
Secretary administers the nonfood assistance program in nonprofit
private schools, the Secretary shall, for the fiscal year ending June
30, 1976, withhold from the funds apportioned to any such State under
this subsection an amount which bears the same ratio to such funds as
the number of children enrolled in nonprofit private schools without a
food service program in such State bears to the total number of children
enrolled in all schools without a food service program in such State.
In those States in which the Secretary administers the nonfood
assistance program in nonprofit private schools, the Secretary shall,
after the fiscal year ending June 30, 1976, withhold from the funds
apportioned to any such State under this subsection an amount which
bears the same ratio to such funds as the number of children enrolled in
nonprofit private schools without a food service program or without the
facilities to prepare or receive hot meals in such State bears to the
total number of children enrolled in all schools without a food service
program or without the facilities to prepare or receive hot meals in
such State. The funds so reserved, apportioned, and withheld shall be
used by State educational agencies, or the Secretary in the case of
nonprofit private schools, only to assist schools without a food service
program and schools without the facilities to prepare or receive hot
meals. If any State cannot so utilize all the funds apportioned to it
under the provisions of this subsection, the Secretary shall make
further apportionments to the remaining State for use only in assisting
schools without a food service program and schools without the
facilities to prepare or receive hot meals: Provided, That if after
such further apportionments any funds reserved under this subsection
remain unused, the Secretary shall immediately apportion such funds
among the States in accordance with the provisions of subsection (b) of
this section to assist schools with a food service program and with the
facilities to prepare or receive hot meals. Payment to any State of the
funds provided to it under the provisions of this subsection shall be
made upon the condition that at least one-fourth of the cost of the
equipment financed shall be borne by funds from sources within the
State, except that such condition shall not apply with respect to funds
used under this subsection to assist schools which are especially needy,
as determined by the State."
Sec. 19. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 18. //42 USC 1767.// The Secretary is authorized to carry out
a study to determine how States are utilizing Federal funds provided to
them for the administration of the child nutrition programs authorized
by this Act and the Child Nutrition Act of 1966, //42 USC 1771 note.//
and to determine the level of funds needed by the States for
administrative purposes. The study shall report on the current size and
structure of State staffs, job descriptions and classifications,
training provided to such staff, representation of minorities on staffs,
and the allocation of staff time, training time, and Federal
administrative dollars spent among each of the various child nutrition
programs. The study shall assess State needs for additional staff
positions, training, and funds, for each of the above areas, including
additional State needs to implement adequately the provisions of this
Act and the Child Nutrition Act of 1966. The study shall also determine
State staffing needs and training program support required to conduct
effective outreach for the purpose of reaching the maximum number of
eligible children in the summer food service program and the child care
food program. As part of this study, the Secretary shall also examine
the degree and cause of plate waste in the school lunch program. The
Secretary shall examine possible relationships between plate waste and
(1) lack of adequate menu development, (2) the service of competitive
foods, and (3) the nature of the type A lunch pattern. The Secretary
shall review the study design with the appropriate congressional
committees prior to its implementation, and shall report his findings
together with any recommendations he may have with respect to additional
legislation, to the Congress no later than March 1, 1976.".
Sec. 20. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 19. //42 USC 1768.// There is hereby authorized to be
appropriated (a) for each of the fiscal years beginning July 1, 1975,
and October 1, 1976, the sum of $500,000 and (b) for the period July 1,
1976, through September 30, 1976, the sum of $125,000, to enable the
Secretary to assist the Trust Territory of the Pacific Islands to carry
out various developmental and experimental projects relating to programs
authorized under this Act and the Child Nutrition Act of 1966 to (1)
establish or improve the organizational, administrative, and operational
structures and systems at the State and local school levels; (2)
develop and conduct necessary training programs for school food service
personnel; (3) conduct a thorough study of the children's food and
dietary habits upon which special meal and nutritional requirements can
be developed; and (4) establish and maintain viable school food
services which are fully responsive to the needs of the children, and
which are consistent with the range of child nutrition programs
available to the other States, to the maximum extent possible.".
Sec. 21. (a) The Secretary shall not delay or withhold, //42 USC 1760
note.// or cause any State to delay or withhold, payments for
reimbursement of permeal costs with respect to school food service
programs authorized pursuant to the National School Lunch Act and Child
Nutrition Act of 1966 //42 USC 1751 note.// on the basis of
noncompliance with full cost accounting procedures unless and until the
requirements of subsection (b) of this section are met. //42 USC 1771
note.//
(b) The Secretary shall study the additional personnel and training
needs of States, local school districts, and schools resulting from the
imposition of a requirement to implement full cost accounting procedures
under the National School Lunch Act and Child Nutrition Act of 1966,
and, on the basis of the results of such study, shall within one year
after the date of enactment of this Act, submit a report and make such
legislative recommendations as he deems necessary to the appropriate
committees of the Congress.
Sec. 22. The National School Lunch Act is amended by striking out the
following:
" Sec. 15. //42 USC 1764.// (a) In addition to funds appropriated or
otherwise available, the Secretary is authorized to use, during the
fiscal year ending June 30, 1971, not to exceed $35,000,000 in funds
from Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry
out the provisions of this Act, and during the fiscal year ending June
30, 1972, not to exceed $100,000,000 in funds from such Section 32 to
carry out the provisions of this Act relating to the service of free and
reduced-price meals to needy children in schools and service
institutions.
"(b) Any funds unexpended under this section at the end of the fiscal
year ending June 30, 1971, or at the end of the fiscal year ending June
30, 1972, shall remain available to the Secretary in accordance with the
last sentence of section 3 of this Act, //42 USC 1752.// as amended.".
Sec. 23. The Child Nutrition Act of 1966 is amended by adding at the
end thereof the following new section:
" Sec. 18. //42 USC 1787.// (a) The Secretary is hereby authorized
and directed to make cash grants to State educational agencies for the
purpose of conducting experimental or demonstration projects to teach
school-children the nutritional value of foods and the relationship of
nutrition to human health.
"(b) In order to carry out the program, provided for in subsection
(a) of this section, there is hereby authorized to be appropriated not
to exceed $1,000,000 annually. The Secretary shall withhold not less
than 1 per centum of any funds appropriated under this section and shall
expend these funds to carry out research and development projects
relevant to the purpose of this section, particularly to develop
materials and techniques for the innovative presentation of nutritional
information.".
Sec. 24. Section 3 of the National School Lunch Act //42 USC 1752.//
is amended by striking out "section 13" and inserting in lieu thereof
"sections 13, 17 and 19".
Carl Albert,
Speaker of the House of
Representatives.
Dale Bumpers,
Acting President of the Senate
pro Tempore.
October 7, 1975.
The House of Representatives having proceeded to reconsider the bill
(H. R. 4222) entitled " An Act to amend the National School Lunch Act
and the Child Nutrition Act of 1966 in order to extend and revise the
special food service program for children and the school breakfast
program, and for other purposes related to strengthening the school
lunch and child nutrition programs", returned by the President of the
United States with his objections, to the House of Representatives, in
which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Attest:
W. Pat Jennings,
Clerk.
By Benjamin J. Guthrie,
Assistant to the Clerk.
I certify that this Act originated in the House of Representatives.
W. Pat Jennings,
Clerk.
By Benjamin J. Guthrie,
Assistant to the Clerk.
October 7 (legislative day,
September 11), 1975.
The Senate having proceeded to reconsider the bill (H. R. 4222)
entitled " An Act to amend the National School Lunch Act and the Child
Nutrition Act of 1966 in order to extend and revise the special food
service program for children and the school breakfast program, and for
other purposes related to strengthening the school lunch and child
nutrition programs", retruned by the President of the United States with
his objections to the House of Representatives, in which it originated,
it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
Francis R. Valeo,
Secretary.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 68 (Comm. on Education and Labor) and Nos.
94 - 427 and 94 - 474 (Comm. of Conference).
SENATE Reports: No. 94 - 259 (Comm. on Agriculture and Forestry) and
Nos. 94 - 347 and 94 - 379 (Comm. of Conference)
CONGRESSIONAL RECORD, Vol. 121 (1975):
Mar. 24, 25, Apr. 28, consicered and passed House.
July 10, considered and passed Senate, amended.
Sept. 18, House agreed to conference report.
Sept. 19, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40:
Oct. 3, vetoed; Presidential message.
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 7, House and Senate overrode veto.
Public Law 94-104, 89 Stat. 508.
to promote improved relations
between the United States,
Greece, and Turkey, to assist in the solution of the
refugee problem on Cyprus,
and to otherwise strengthen the North Atlantic
Alliance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8(a) of the
Board for International Broadcasting Act of 1973 (22 U.S.C. 2877 (a))
//22 USC 2877.// is amended--
(1) by striking out "$49,990,000 for fiscal year 1975, of which
not less than $75,000 shall be available solely to initiate
broadcasts in the Estonian language and not less than $75,000
shall be available solely to initiate broadcasts in the Latvian
language" in the first sentence and inserting in lieu thereof
"$65,640,000 for fiscal year 1976"; and
(2) by striking out "fiscal year 1975" in the second sentence
and inserting in lieu thereof "fiscal year 1976".
Sec. 2. (a)(1) The Congress reaffirms the policy of the United States
to seek to improve and harmonize relations among the allies of the
United States and between the United States and its allies, in the
interest of mutual defense and national security. In particular, the
Congress recognizes the special contribution to the North Atlantic
Alliance of Greece and Turkey by virtue of their geographic position on
the southeastern flank of Europe and is prepared to assist in the
modernization and strengthening of their respective armed forces.
(2) The Congress further reaffirms the policy of the United States to
alleviate the suffering of refugees and other victims of armed conflict
and to foster and promote international efforts to ameliorate the
conditions which prevent such persons from resuming normal and
productive lives. The Congress, therefore, calls upon the President to
encourage and to cooperate in the implementation of multilateral
programs, under the auspices of the Secretary General of the United
Nations, the United Nations High Commissioner for Refugees, or other
appropriate international agencies, for the relief of and assistance to
refugees and other persons disadvantage by the hostilities on Cyprus
pending a final settlement of the Cyprus refugee situation in the spirit
of Security Council Resolution 361.
(b)(1) In order that the purposes of this Act may be carried out
without awaiting the enactment of foreign assistance legislation for
fiscal year 1976 programs--,
(A) the President is authorized, notwithstanding section 620 of
the Foreign Assistance Act of 1961, //22 USC 2370.// to furnish to
the Government of Turkey those defense articles and defense
services with respect to which contracts of sale were signed under
section 21 or section 22 of the Foreign Military Sales Act //22
USC 2761, 2762.// on or before February 5, 1975, and to issue
licenses for the transportation to the Government of Turkey of
arms, ammunition, and implements of war (including technical data
relating thereto): Provided, That such authorization shall be
effective only while Turkey shall observe the cease-fire and shall
neither increase its forces on Cyprus nor transfer to Cyprus any
United States supplied implements of war: Provided further, That
the authorities contained in this section shall not become
effective unless and until the President determines and certifies
to the Congress that the furnishing of defense articles and
defense services, and the issuance of licenses for the
transportation of implements of war, arms and ammunition under
this section are important to the national security interests of
the United States; and
(B) the President is requested to initiate discussions with the
Government of Greece to determine the most urgent needs of Greece
for economic and military assistance.
(C) the President is requested to initiate discussions with the
Government of Turkey concerning effective means of preventing the
diversion of opium poppy into illicit channels.
(2) The President is directed to submit to the Speaker of the House
of Representatives and to the Foreign Relations and Appropriations
Committees of the Senate within sixty days after the enactment of this
Act a report on discussions conducted under subsections (b)(1) (B) and
(C), together with his recommendations for economic and military
assistance to Greece for the fiscal year 1976.
(c)(1) Section 620(x) of the Foreign Assistance Act of 1961 //22 USC
2370.// is amended by striking out all after the word " Provided," and
inserting in lieu thereof the following: " That the President is
authorized to suspend the provisions of this section and of section 3(
c) of the Foreign Military Sales Act //22 USC 2753.// only with respect
to sales, credits, and guaranties under the Foreign Military Sales Act,
as amended, for the procurement of such defense articles and defense
services as the President determines and certifies to the Congress are
necessary in order to enable Turkey to fulfill her defense
responsibilities as a member of the North Atlantic Treaty Organization.
Any such suspension shall be effective only while Turkey shall observe
the cease-fire and shall neither increase its forces on Cyprus nor
transfer to Cyprus any United States supplied arms, ammunition, and
implements of war.".
(2) Section 620(x) of the Foreign Assistance Act of 1961 //22 USC
2370.// is further amended by designating the present subsection as
paragraph (1) and by adding at the end thereof the following new
paragraph:
"(2) The President shall submit to the Congress within sixty days
after the enactment of this paragraph, and at the end of each succeeding
sixty-day period, a report on progress made during such period toward
the conclusion of a negotiated solution of the Cyprus conflict.".
(3) Nothing in this section shall be construed as authorizing (A)
military assistance to Turkey under chapter 2 of part II of the Foreign
Assistance Act of 1961, //22 USC 2311 et seq.// or (B) sales, credits,
or guaranties to or on behalf of Turkey under the Foreign Military Sales
Act //22 USC 2751.// for the procurement of defense articles or defense
services not determined by the President to be needed for the
fulfillment of Turkey's North Atlantic Treaty Organization
responsibilities.
(4) Pursuant to the provisions of this section, in the case of any
letter of offer to sell any defense article or defense service pursuant
to the Foreign Military Sales Act for $25,000,000 or more, 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 statement
containing (A) a brief description of the defense article or defense
service to be offered, (B) the dollar amount of the proposed sale, (C)
the United States Armed Force which is making the sale, and (D) the date
on which any letter of offer to sell is to be issued. The letter of
offer shall not be issued if the Congress, within twenty calendar days
after receiving any such statement, adopts a concurrent resolution
stating in effect that it objects to such proposed sale.
(5) This subsection shall become effective //22 USC 2370 note.// only
upon enactment of foreign assistance legislation authorizing sales,
credits, and guaranties under the Foreign Military Sales Act for fiscal
year 1976. //22 USC 2751 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 500 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 31, considered and passed Senate.
Oct. 2, considered and passed House, amended.
Oct. 3, Senate consurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL Documents, Vol. 11, No. 40:
Oct. 3, Presidential statement.
Public Law 94-103, 89 Stat. 486, Developmentally Disabled Assistance
and Bill of Rights Act.
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 " Developmentally Disabled
Assistance and Bill of Rights Act". //42 USC 6001 note.//
Sec. 101. (a) Section 122(b) and 131 of the Developmental
Disabilities Services and Facilities Construction Act //42 USC 2661a.//
(hereinafter in this Act referred to as the " Act") are each amended by
striking out "for the fiscal years ending June 30, 1974" and inserting
in lieu thereof "each for the fiscal years ending June 30, 1974, and
June 30, 1975".
(b) Section 137(b)(1) of the Act is amended by striking out "and June
30, 1974" and inserting in lieu thereof ", June 30, 1974, and June 30,
1975".
Sec. 105. Part B of the Act is amended to read as follows:
" Sec. 121. //42 USC 6031.// (a)(1) From appropriations under
section 123, the Secretary shall make grants to university affiliated
facilities to assist them in meeting the cost of administering and
operating--
"(A) demonstration facilities for the provision of services for
persons with developmental disabilities, and
"(B) interdisciplinary training programs for personnel needed
to render specialized services for persons with developmental
disabilities.
"(2) A university affiliated facility which has received a grant
under paragraph (1) may apply to the Secretary for an increase in the
amount of its grant under such paragraph to assist it in meeting the
cost of conducting a feasibility study of the ways in which it, singly
or jointly with other university affiliated facilities which have
received a grant under paragraph (1), can establish and operate one or
more satellite centers which would be located in areas not served by a
university affiliated facility and which would provide, in coordination
with demonstration facilities and training programs for which a grant
was made under paragraph (1), services for persons with developmental
disabilities. If the Secretary approves an application of a university
affiliated facility under this paragraph for such a study, the Secretary
may for such study increase the amount of the facility's grant under
paragraph (1) by an amount not to exceed $25,000. Such a study shall be
carried out in consultation with the State Planning Council for the
State in which the facility is located and where the satellite center
would be established.
"(b) The Secretary may make grants to pay part of the costs of
establishing satellite centers and may make grants to satellite centers
to pay part of their administration and operation costs. The Secretary
may approve an application for a grant under this subsection only if the
feasibility of establishing or operating the satellite center for which
the grant is applied for has been established by a study assisted under
subsection (a)(2).
" Sec. 122. //42 USC 6032.// (a) No grant may be made under section
121 unless an application therefor is 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 require.
Such an application may be approved by the Secretary only if the
application contains or is supported by reasonable assurances that the
making of the grant applied for will not result in any decrease in the
level of State, local, and other non-Federal funds for services for
persons with developmental disabilities and training of persons to
provide such services which funds would (except for such grant) be
available to the applicant, but that such grant will be used to
supplement, and, to the extent practicable, to increase the level of
such funds.
"(b) The Secretary shall give special consideration to applications
for grants under section 121(a) for programs which demonstrate an
ability and commitment to provide within a community rather than in an
institution services for persons with developmental disabilities.
" Sec. 123. //42 USC 6033.// (a) For the purpose of making grants
under section 121 there are authorized to be appropriated $15,000,000
for fiscal year 1976, $18,000,000 for fiscal year 1977, and $21,000,000
for fiscal year 1978.
"(b)(1) Of the sums appropriated under subsection (a) for fiscal
years 1976 and 1977, not less than $5,000,000 shall be made available
for grants in each such fiscal year under section 121 (a)(1). The
remainder of the sums appropriated for such fiscal years shall be made
available as follows:
"(A) First, $750,000 shall be made available in each such
fiscal year for studies described in section 121 (a)(2). The
portion of such $750,000 not required for such studies shall be
made available for grants under section 121(a)(1).
"(B) Second, any remaining sums shall be made available as the
Secretary determines except that at least 40 per centum of such
sums shall be made available for grants under section 121(b).
"(2) Of the sums appropriated under subsection (a) for fiscal year
1978, not less than $5,500,000 shall be made available for grants in
such fiscal year under section 121(a)(1). The remainder of the sums
appropriated for such fiscal year shall be made available as the
Secretary determines except that at least 40 per centum of the remainder
shall be made available for grants under section 121(b).
" Sec. 125. //42 USC 6041.// The Secretary may make grants--
"(1) to university-affiliated facilities to assist them in
meeting the costs of the renovation or modernization of buildings
which are being used in connection with an activity assisted by a
grant under section 121(a); and
"(2) to university-affiliated facilities for the construction,
renovation, or modernization of buildings to be used as satellite
centers.
"sec. 126. //42 USC 6042.// No grant may be made under section 125
unless an application therefor is 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 require.
Such an application may be approved by the Secretary only if it contains
or is supported by reasonable assurances that--
"(1) the plans and specifications for the project to be
assisted by the grant applied for are in accord with regulations
prescribed by the Secretary under section 109;
"(2) title to the site for such project is or will be vested in
the applicant or in the case of a grant for a satellite center, in
a public or other nonprofit entity which is to operate the center;
"(3) adequate financial support will be available for
completion of the construction, renovation, or modernization of
the project and for its maintenance and operation when completed;
"(4) all laborers and mechanics employed by contractors or
subcontractors in the performance of work on the project will be
paid at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of
Labor in accordance with the Act of March 3, 1931 (40 U.S.C.
276a--276a-5, known as the Davis-Bacon Act) //40 USC 276a note.//
; and the Secretary of Labor shall have with respect to the labor
standards specified in this paragraph the authority and functions
set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R.
3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13,
1934 (40 U.S.C. 267c); and
"(5) the building which will be constructed, renovated, or
modernized with the grant applied for will meet standards adopted
pursuant to the Act of August 12, 1968 (42 U.S.C. 4151 - 4156)
(known as the Architectural Barriers Act of 1968).
" Sec. 127. //42 USC 6043.// For the purpose of making payments
under grants under section 125, there are authorized to be appropriated
$3,000,000 for fiscal year 1976, $3,000,000 for fiscal year 1977, and
$3,000,000 for fiscal year 1978."
Sec. 110. (a) Section 131 of the Act is amended to read as follows:
" Sec. 131. //42 USC 6061.// For allotments under section 132, there
are authorized to be appropriated $40,000,000 for fiscal year 1976,
$50,000,000 for fiscal year 1977, and $60,000,000 for fiscal year 1978.
(b) Subsection (a) of section 132 of the Act //42 USC 6062.// is
amended to read as follows:
"(a)(1)(A) In each fiscal year, the Secretary shall, in accordance
with regulations and this paragraph, allot the sums appropriated for
such year under section 131 among the States on the basis of--
"(i) the population,
"(ii) the extent of need for services and facilities for
persons with developmental disabilities, and
"(iii) the financial need,
of the respective States. Sums allotted to the States under this
section shall be used in accordance with approved State plans under
section 134 //42 USC 6063.// for the provision under such plans of
services and facilities for persons with developmental disabilities.
"(B)(i) Except as provided by clause (ii)--
"(I) the allotment of the Virgin Islands, American Samoa, Guam,
and the Trust Territory of the Pacific Islands under subparagraph
(A) of this paragraph in any fiscal year shall not be less than
$50,000; and
"(II) the allotment of each other State in any fiscal year
shall not be less than the greater of $150,000, or the amount of
the allotment (determined without regard to subsection (d))
received by the State for the fiscal year ending June 30, 1974.
"(ii) If the amount appropriated under section 131 for any fiscal
year exceeds $50,000,000, the minimum allotment of a State for such
fiscal year shall be increased by an amount which bears the same ratio
to the amount determined for such State under clause (i) as the
difference between the amount so appropriated and the amount authorized
to be appropriated for such fiscal year bears to $50,000,000.
"(2) In determining, for purposes of paragraph (1)(A)(ii), the extent
of need in any State for services and facilities for persons with
developmental disabilities, the Secretary shall take into account the
scope and extent of the services specified, pursuant to section 134(b)
(5), in the State plan of such State approved under section 134.
"(3) Sums allotted to a State in a fiscal year and designated by it
for construction and remaining unobligated at the end of such year shall
remain available to such State for such purpose in the next fiscal year
(and in such year only), in addition to the sums allotted to such State
in such next fiscal year; except that if the maximum amount which may
be specified for construction (pursuant to section 134(b) (15)) for a
year plus any part of the amount so specified pursuant to such section
for the preceding fiscal year and remaining unobligated at the end of
such fiscal year is not sufficient to pay the Federal share of the cost
of construction of a specific facility included in the construction
program of the State developed pursuant to section 134(b) (13), the
amount specified pursuant to section 134(b)( 15) for such preceding year
shall remain available for a second additional year for the purpose of
paying the Federal share of the cost of construction of such facility.
"(4) Of the amount allotted any State under paragraph (1) for fiscal
year 1976, not less than 10 per centum of that allotment shall be used
by such State, in accordance with the plan submitted pursuant to section
134(b)(20), for the purpose of assisting it in developing and
implementing plans designed to eliminate inappropriate placement in
institutions of persons with developmental disabilities; and of the
amount allotted to any State under paragraph (1) for each succeeding
fiscal year, not less than 30 per centum of that allotment shall be used
by such State for such purpose."
(c) Subsection (d) of section 132 of the Act //42 USC 6062.// is
amended by inserting after "as he may fix" the following: "(but not
earlier than thirty days after he has published notice of his intention
to make such reallotment in the Federal Register)".
(d) Section 132(e) of the Act is repealed.
(e)(1) Subsection (b) of section 132 of the Act is amended by
striking out "this part" each place it occurs and inserting in lieu
thereof "the State plan".
(2) Section 134(b)(4) of the Act //42 USC 6063.// is amended by
striking out "under this part" and inserting in lieu thereof "under
section 132".
(3) Section 138 of the Act //42 USC 6065.// is amended by striking
out "under this part" each place it occurs and inserting in lieu thereof
"under section 132".
Sec. 111. (a) Subsection (b) of section 134 //42 USC 6063.// is
amended as follows:
(1) Paragraph (1) of such subsection is amended by striking out "a
State planning and advisory council" and inserting in lieu thereof "a
State Planning Council as prescribed by section 141".
(2) Paragraph (3) of such subsection is amended by striking out
"policies and procedures" and inserting in lieu thereof "priorities,
policies, and procedures".
(3) Paragraph (5) of such subsection is amended to read as
follows:
"(5) describe the quality, extent, and scope of treatment,
services, and habilitation being provided or to be provided in
implementing the State plan to persons with developmental
disabilities;".
(4) Paragraph (7) of such subsection is amended to read as
follows:
"(7) include provisions, meeting such requirements as the
United States Civil Service Commission may prescribe, relating to
the establishment and maintenance of personnel standards on a
merit basis;".
(5) Paragraph (8) of such subsection is amended to read as
follows:
"(8) provide that the State Planning Council be adequately
staffed and identify the staff assigned to the Council;".
(6) Paragraph (9) of such subsection is amended by striking out "
State planning and advisory council" and inserting in lieu thereof "
State Planning Council".
(7) Paragraph (15) of such subsection is amended by striking out "50
per centum" and inserting in lieu thereof "10 per centum".
(8) Paragraph (14) of such subsection is amended by striking out "and
assign" and inserting in lieu thereof "assign", and by inserting before
the semicolon a comma and the following: "and require that construction
of projects be done in accordance with standards prescribed by the
Secretary pursuant to the Act of August 12, 1968 (42 U.S.C. 4151 - 4156)
(known as the Architectural Barriers Act of 1968)".
(9) Such subsection is amended by striking out "and" after the
semicolon at the end of paragraph (17), by redesignating paragraph
(18) as paragraph (30), and by inserting the following new
paragraphs after paragraph (17):
"(18) provide reasonable assurance that adequate financial
support will be available to complete the construction of, and to
maintain and operate when such construction is completed, any
facility, the construction of which is assisted with sums allotted
under section 132; //42 USC 6062.//
"(19) provide reasonable assurance that all laborers and
mechanics employed by contractors or subcontractors in the
performance of work on any construction project assisted with sums
allotted under section 132 will be paid at rates not less than
those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Act of
March 3, 1931 (40 U.S.C. 276a--276a-5, known as the Davis-Bacon
Act); and the Secretary of Labor shall have with respect to the
labor standards specified in this paragraph the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (15
F.R. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June
13, 1934 (40 U.S.C. 276c);
"(20) contain a plan designed (A) to eliminate inappropriate
placement in institutions of persons with developmental
disabilities, and (B) to improve the quality of care and the state
of surroundings of persons for whom institutional care is
appropriate;
"(21) provide for the early screening, diagnosis, and
evaluation (including maternal care, developmental screening, home
care, infant and preschool stimulation programs, and parent
counseling and training) of developmentally disabled infants and
preschool children, particularly those with multiple handicaps;
"(22) provide for counseling, program coordination,
follow-along services, protective services, and personal advocacy
on behalf of developmentally disabled adults;
"(23) support the establishment of community programs as
alternatives to institutionalization and support such programs
which are designed to provide services for the care and
habilitation of persons with developmental disabilities, and which
utilize, to the maximum extent feasible, the resources and
personnel in related community programs to assure full
coordination with such programs and to assure the provision of
appropriate supplemental health, educational, or social services
for persons with developmental disabilities;
"(24) contain or be supported by assurances satisfactory to the
Secretary that the human rights of all persons with developmental
disabilities (especially those without familial protection) who
are receiving treatment, services, or habilitation under programs
assisted under this title will be protected;
"(25) provide for a design for implementation which shall
include details on the methodology of implementation of the State
plan, priorities for spending of funds provided under this part, a
detailed plan for the use of such funds, specific objectives to be
achieved under the State plan, a listing of the programs and
resources to be used to meet such objectives, and a method for
periodic evaluation of the design's effectiveness in meeting such
objectives;
"(26) provide for the maximum utilization of all available
community resources including volunteers serving under the
Domestic Volunteer Service Act of 1973 //42 USC 4951 note.//
(Public Law 93 - 113) and other appropriate voluntary
organizations except that volunteer services shall supplement, but
shall not be in lieu of, services of paid employees;
"(27) provide for the implementation of an evaluation system in
accordance with the system developed under section 110;
"(28) provide, to the maximum extent feasible, an opportunity
for prior review and comment by the State Planning Council of all
State plans of the State which relate to programs affecting
persons with developmental disabilities;
"(29) provide for fair and equitable arrangements (as
determined by the Secretary after consultation with the Secretary
of Labor) to protect the interests of employees affeected by
actions to carry out the plan described in paragraph (20)(A),
including arrangements designed to preserve employee rights and
benefits and to provide training and retraining of such employees
where necessary and arrangements under which maximum efforts will
be made to guarantee the employment of such employees; and".
(b) Section 134 of the Act //42 USC 6063.// is amended by adding
after subsection (c) the following new subsection:
"(d)(1) At the request of any State, a portion of any allotment or
allotments of such State under this part for any fiscal year shall be
available to pay one-half (or such smaller share as the State may
request) of the expenditures found necessary by the Secretary for the
proper and efficient administration of the State plan approved under
this section; except that not more that 5 per centum of the total of
the allotments of such State for any fiscal year, or $50,000, whichever
is less, shall be available for such purpose. Payments under this
paragraph may be made in advance or by way of reimbursement, and in such
installments, as the Secretary may determin.
"(2) Any amount paid under paragraph (1) to any State for any fiscal
year shall be paid on condition that there shall be expended from the
State sources for such year for administration of the State plan
approved under this section not less than the total amount expended for
such purposes from such sources during the fiscal year ending June 30,
1975."
Sec. 112. Sections 135 and 136 of the Act //42 USC 2675, 2676.// are
repealed.
Sec. 113. Section 137 of the Act //42 USC 6064.// is amended as
follows:
(1) The heading for such section is amended by inserting
"construction," after " PLANNING,".
(2) Subsection (a) of such section is amended by striking out "(1)"
and by striking out paragraph (2).
(3) Subsection (b) is amended to read as follows:
"(b)(1) Upon certification to the Secretary by the State agency,
designated pursuant to section 134(b)(1), based upon inspection by it,
that work has been performed upon a construction project, or purchases
have been made for such project, in accordance with the approved plans
and specifications and that payment of an installment is due to the
applicant, such installment shall be paid to the State with respect to
such project, from the applicable allotment of such State, except that
(A) if the State is not authorized by law to make payments to the
applicant, the payment shall be made directly to the applicant, (B) if
the Secretary, after investigation or otherwise, has reason to believe
that any act (or failure to act) has occurred requiring action pursuant
to section 136, payment may, after he has given the State agency so
designated notice of opportunity for hearing pursuant to such section,
be withheld, in whole or in part, pending corrective action or action
based on such hearing, and (C) the total of payments under this
subsection with respect to such project may not exceed an amount equal
to the Federal share of the cost of construction of such project.
"(2) In case the estimated cost of a project is revised upward, any
additional payment with respect thereto may be made from the applicable
allotment of the State for the fiscal year in which such revision is
approved."
Sec. 114. Section 138 of the Act //42 USC 6065.// is amended as
follows:
(1) The heading for such section is amended by inserting
"construction," after " PLANNING,".
(2) Such section is amended by striking out " State planning and
advisory council" and inserting in lieu thereof " State Planning
Council", and by striking out " State council" and inserting in lieu
thereof " State Council".
(3) Such section is amended by inserting "(a)" after "138.), by
redesignating paragraphs (a) and (b) as paragraphs (1) and (2),
respectively, and by adding at the end the following new subsection:
"(b) The State Planning Council of a State shall review the State's
plan (including the design for implementation of such plan) under
section 134 //42 USC 6063.// and the actions of the State under such
plan for thepurpose determining if the State is complying with the
requirements of the plan (and its design for implementation). For the
purpose of assisting the Secretary in the implementation of this
section, a State Planning Council may notify the Secretary of the
results of any review carried out under this subsection."
Sec. 115. Section 140 of the Act is amended to read as follows:
" Sec. 140. //42 USC 6066.// In determining the amount of any
State's Federal share of the expenditures incurred by it under a State
plan approved under section 134, //42 USC 6063.// there shall be
disregarded (1) any portion of such expenditures which are financed by
Federal funds provided under any provision of law other than section
132, //42 USC 6062.// and (2) the amount of any non-Federal funds
required to be expended as a condition of receipt of such Federal
funds."
Sec. 116. Part C of the Act is amended by inserting after section 140
the following new section:
" Sec. 141. //42 USC 6067.// (a) Each State which receives
assistance under this part shall establish a State Planning Council
which will serve as an advocate for persons with developmental
disabilities. The members of a State's State Planning Council shall be
appointed by the Governor of such State. Each State Planning Council
shall at all times include in its membership representatives of the
principal State agencies, local agencies, and nongovernmental agencies,
and groups concerned with services to persons with developmental
disabilities. At least one-third of the membership of such a Council
shall consist of person with developmental disabilities, or their
parents or guardians, who are not officers of any entity, or employees
of any State agency or of any other entity, which receives funds or
provides services under this part.
"(b) The State Planning Council shall--,
"(1) supervise the development of and approve the State plan
required by this part;
"(2) monitor and evaluate the implementation of such State
plan;
"(3) to the maximum extent feasible, review and comment on all
State plans in the State which relate to programs affecting
persons with developmental disabilities, and
"(4) submit to the Secretary, through the Governor, such
periodic reports on its activities as the Secretary may reasonably
request.
"(c) Each State receiving assistance under this part shall provide
for the assignment to its State Planning Council of personnel adequate
to insure that the Council has the capacity to fulfill its
responsibilities under subsection (b)."
Sec. 117. Part C of the Act is amended by inserting after section
141 (added by section 116 of this Act) the following new section:
" Sec. 142. //42 USC 6068.// If any State is dissatisfied with the
Secretary's action under section 134(c) or section 136, //42 USC 6063;//
such State may appeal to the United States court of appeals for the
circuit in which such State is located, by filing a petition with such
court within sixty days after such action. A copy of the petition shall
be forthwith transmitted by the clerk of the court to the Secretary, or
any officer designated by him for that purpose. The Secretary thereupon
shall file in the court the record of the proceedings on which he based
his action, as provided in section 2112 of title 28, United States Code.
Upon the filing of such petition, the court shall have jurisdiction to
affirm the action of the Secretary or to set it aside, in whole or in
part, temporarily or permanently, but until the filing of the record,
the Secretary may modify or set aside his order. The findings of the
Secretary as to the facts, if supported by substantial evidence, shall
be conclusive, but the court, for good cause shown, may remand the case
to the Secretary to take further evidence, and the Secretary may
thereupon make new or modified findings of the fact and may modify his
previous action, and shall file in the court the record of the further
proceedings. Such new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence. The judgment of the
court affirming or setting aside, in whole or in part, any action of the
Secretary shall be final, subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in section
1254 of title 28, United States Code. The commencement of proceedings
under this section shall not, unless so specifically ordered by the
court, operate as a stay of the Secretary's action."
Sec. 120. Part D of the Act is amended to read as follows:
" Sec. 145. //42 USC 6081.// (a) The Secretary, after consultation
with the National Advisory Council on Services and Facilities to the
Developmentally Desabled, may make project grants to public or nonprofit
private entities for--
"(1) demonstrations (and research and evaluation in connection
therewith) for establishing programs which hold promise of
expanding or otherwise improving services to persons with
developmental disabilities (especially those who are disadvantaged
or multihandicapped), including programs for parent counseling and
training, early screening and intervention, infant and preschool
children, seizure control systems, legal advocacy, and community
based counseling, care, housing, and other services or systems
necessary to maintain a person with developmental disabilities in
the community;
"(2) public awareness and public education programs to assist
in the elimination of socia, attitudinal, and envirmontal barriers
confronted by persons with developmental disabilities;
"(3) coordinating and using all available community resources
in meeting the needs of persons with developmental disabilities
(especially those from disadvantaged backgrounds);
"(4) demonstrations of the provision of services to persons
with developmental disabilities who are also disadvantaged because
of their economic status; "(5) technical assistance relating to
services and facilities for persons with developmental
disabilities, including assistance in State and local planning or
administration respecting such services and facilities;
"(6) training of specialized personnel needed for the provision
of services for persons with developmental disabilities or for
research directly related to such training;
"(7) developing or demonstrating new or improved techniques for
the provision of services to persons with developmental
disabilities (including model integrated service projects);
"(8) gathering and disseminating information relating to
developmental disabilities; and
"(9) improving the quality of services provided in and the
administration of programs for such persons.
"(b) No grant may be made under subsection (a) unless an application
therefor has been submitted to, and approved by, the Secretary. Such
application shall be in such form, submitted in such manner, and contain
such information, as the Secretary shall by regulation prescribe. The
Secretary may not approve such an application unless the State in which
the applicant's project will be conducted has a State plan approved
under part C. The Secretary shall provide to the State Planning Council
for the State in which an applicant's project will be conducted an
opportunity to review the application for such project and to submit its
comments thereon.
(c) Payments under grants under subsection (a) may be made in advance
or by way of reimbursement, and at such intervals and on such
conditions, as the Secretary finds necessary. The amount of any grant
under subsection (a) shall be determined by the Secretary. In
determining the amount of any grant under subsection (a) for the costs
of any project, there shall be excluded from such costs an amount equal
to the sum of (1) the amount of any other Federal grant which the
applicant has obtained, or is assured of obtaining, with respect to such
project, and (2) the amount of any non-Federal funds required to be
expended as a condition of such other Federal grant.
"(d) For the purpose of making payments under grants under subsection
(a), there are authorized to be appropriated $18,000,000 for fiscal year
1976, $22,000,000 for fiscal year 1977, and $25,000,000 for fiscal year
1978.
"(e) Of the funds appropriated under subsection (d) for any fiscal
year, not less than 25 per centum of such funds shall be used for
projects which the Secretary determines (after consultation with the
National Advisory Council on Services and Facilities for the
Developmentally Disabled) are of national significance.
"(f) No funds appropriated under the Public Health Service Act, under
this Act (other than under subsection (d) of this section), or under
section 304 of the Rehabilitation Act of 1973 //29 USC 774.// may be
used to make grants under subsection (a)."
Sec. 125. Part A of the Act is amended to read as follows:
" Sec. 101. This tilte may be cited as the ' Developmental
Disabilities Services and Facilities Construction Act'. //42 USC 6001
note.//
" Sec. 102. //42 USC 6001.// For purposes of this title:
"(1) The term ' State' includes Puerto Rico, Guam, American Samoa,
the Virgin Islands, the Trust Territory of the Pacific Islands, and the
District of Columbia.
"(2) The term 'facility for persons with developmental disabilities'
means a facility, or a specified portion of a facility, designed
primarily for the delivery of one or more services to persons with one
or more developmental disabilities.
"(3) The terms 'nonprofit facility for persons with developmental
disabilities' and 'nonprofit private institution of higher learning'
mean, respectively, a facility for persons with developmental
disabilities and an institution of higher learning which are owned and
operated by one or more nonprofit corporations or associations no part
of the net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual; and the term
'nonprofit private agency or organization' means an agency or
organization which is such a corporation or association or which is
owned and operated by one or more of such corporations or associations.
"(4) The term 'construction' includes construction of new buildings,
acquisition, expansion, remodeling, and alteration of existing
buildings, and initial equipment of any such buildings (including
medical transportation facilities); including architect's fees, but
excluding the cost of offsite improvements and the cost of the
acquisition of land.
"(5) The term 'cost of construction' means the amount found by the
Secretary to be necessary for the construction of a project.
"(6) The term 'title', when used with reference to a site for a
project, means a fee simple, or such other estate or interest (including
a leasehold on which the rental does not exceed 4 per centum of the
value of the land) as the Secretary finds sufficient to assure for a
period of not less than fifty years undisturbed use and possession for
the purposes of construction and operation of the project.
"(7) The term 'developmental disability' means a disability of a
person which--
"(A)(i) is attributable to mental retardation, cerebral palsy,
epilepsy, or autism;
"(ii) is attributable to any other condition of a person found
to be closely related to mental retardation because such condition
results in similar impairment of general intellectual functioning
or adaptive behavior to that of mentally retarded persons or
requires treatment and services similar to those required for such
persons; or
"(iii) is attributable to dyslexia resulting from a disability
described in clause (i) or (ii) of this subparagraph;
"(B) originates before such person attains age eighteen;
"(C) has continued or can be expected to continue indefinitely;
and
"(D) constitutes a substantial handicap to such person's
ability to function normally in society.
"(8) The term 'services for persons with developmental disabilities'
means specialized services or special adaptations of generic services
directed toward the alleviation of a developmental disability or toward
the social, personal, physical, or economic habilitation or
rehabilitation of an individual with such a disability; and such term
includes diagnosis, evaluation, treatment, personal care, day care,
domiciliary care, special living arrangements, training, education,
sheltered employment, recreation, counseling of the individual with such
disability and of his family, protective and other social and
socio-legal services, information and referral services, follow-along
services, and transportation services necessary to assure delivery of
services to persons with developmental disabilities.
"(9) The term 'satellite center' means an entity which is associated
with one or more university affiliated facilities and which functions as
a community or regional extension of such university affiliated
facilities in the delivery of training, services, and programs to the
developmentally disabled and their families, to personnel of State
agencies concerned with developmental disabilities, and to others
responsible for the care of persons with developmental disabilities.
"(10) The term 'university affiliated facility' means a public or
nonprofit facility which is associated with, or is an integral part of,
a college or university and which aids in demonstrating the provision of
specialized services for the diagnosis and treatment of persons with
developmental disabilities and which provides education and training
(including interdisciplinary training) of personnel needed to render
services to persons with developmental disabilities.
"(11) The term ' Secretary' means the Secretary of Health, Education,
and Welfare.
" Sec. 103.(a) //42 USC 6002.// The Federal share of any project to
be provided through grants under part B and allotments under part C may
not exceed 75 per centum of the necessary cost thereof as determined by
the Secretary, except that if the project is located in an urban or
rural poverty area, the Federal share may not exceed 90 per centum of
the project's necessary costs as so determined.
"(b) The non-Federal share of the cost of any project assisted by a
grant or allotment under this title may be provided in kind.
"(c) For the purpose of determining the Federal share with respect to
any project, expenditures on that project by a political subdivision of
a State or by a nonprofit private entity shall, subject to such
limitations and conditions the Secretary may by regulation prescribe, be
deemed to be expenditures by such State in the case of a project under
part C or by a university-affiliated facility or a satellite center, as
the case may be, in the case of a project assisted under part B.
" Sec. 104. //42 USC 6003.// Except as otherwise specifically
provided, nothing in this title shall be construed as conferring on any
Federal officer or employee the right to exercise any supervision or
control over the administration, personnel, maintenance, or operation of
any facility for persons with developmental disabilities with respect to
which any funds have been or may be expended under this title.
" Sec. 105. //42 USC 6004.// (a) Each recipient of assistance under
this title shall keep such records as the Secretary shall prescribe,
including (1) records which fully disclose (A) the amount and
disposition by such recipient of the proceeds of such assistance, (B)
the total cost of the project or undertaking in connection with which
such assistance is given or used, and (C) the amount of that portion of
the cost of the project or undertaking supplied by other sources, and
(2) such other records as will facilitate an effective audit.
"(b) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipients of assistance under this title that are
pertinent to such assistance.
" Sec. 106. //42 USC 6005.// As a condition of providing assistance
under this title, the Secretary shall require that each recipient of
such assistance take affirmative action to employ and advance in
employment qualified handicapped individuals on the same terms and
conditions required with respect to the employment of such individuals
by the provisions of the Rehabilitation Act of 1973 //29 USC 701 note.//
which govern employment (1) by State rehabilitation agencies and
rehabilitation facilities, and (2) under Federal contracts and
subcontracts.
" Sec. 107. //42 USC 6006.// If any facility with respect to which
funds have been paid under part B or C shall, at any time within twenty
years after the completion of construction--
"(1) be sold or transferred to any person, agency, or
organization which is not a public or nonprofit private entity, or
"(2) cease to be a public or other nonprofit facility for
persons with developmental disabilities,
the United States shall be entitled to recover from either the
transferor or the transferee (or, in the case of a facility which has
ceased to be a public or other nonprofit facility for persons with
developmental disabilities, from the owners thereof) an amount bearing
the same ratio to the then value (as determined by the agreement of the
parties or by action brought in the district court of the United States
for the district in which the facility is situated) of so much of such
facility as constituted an approved project or projects, as the amount
of the Federal participation bore to the cost of the construction of
such project or projects. Such right of recovery shall not constitute a
lien upon such facility prior to judgment. The Secretary, in accordance
with regulations prescribed by him, may, upon finding good cause
therefor, release the applicant or other owner from the obligation to
continue such facility as a public or other nonprofit facility for
persons with developmental disabilities."
Sec. 126. (a) Section 133 of the Act is //42 USC 6007.// transferred
to part A of the Act (as amended by section 125), is redesignated as
section 108, and is amended as follows:
(1) Subsection (a) of such section is amended to read as
follows:
"(a)(1) There is established a National Advisory Council on Services
and Facilities for the Developmentally Disabled (hereinafter in this
section referred to as the ' Council') which shall consist of nine ex
officio members and sixteen members appointed by the Secretary. The ex
officio members of the Council are the Deputy Commissioner of the Bureau
of Education for the Handicapped, the Commissioner of Rehabilitation
Services Administration, the Administrator of the Social and
Rehabilitation Service, the Director of the National Institute of Child
Health and Human Development, the Director of the National Institute of
Neurological Disease and Stroke, the Director of the National Institute
of Mental Health, and three other representatives of the Department of
Health, Education, and Welfare selected by the Secretary. The appointed
members of the Council shall be selected from persons who are not
full-time employees of the United States and shall be selected without
regard to the provisions of title 5, United States Code, //5 USC 101 et
seq.// governing appointments in the competitive service. The appointed
members shall be selected from advocates in the field of services to
persons with developmental disabilities, including leaders in State or
local government, in institutions of higher education, and in
organizations which have demonstrated advocacy on behalf of such
persons. At least five such members shall be representatives of State
or local public or nonprofit private agencies responsible for services
to persons with developmental disabilities, and at least five other such
members shall be persons with developmental disabilities or the parents
or guardians of such persons.
"(2) The Secretary shall from time to time designate one of the
appointed members to serve as Chairman of the Council.
"(3) The Council shall meet at least twice a year.
"(4) The Federal Advisory Committee Act //5 USC app. I.// shall not
apply with respect to the duration of the Council."
(2) Subsection (b) of such section //42 USC 6007.// is
amended--
(A) by inserting "appointed" after " Each", and
(B) by striking out ", and except that" and all that follows in
that subsection and inserting in lieu thereof a period and the
following: " An individual who has served as a member of the
Council may not be reappointed to the Council before two years has
expired since the expiration of his last term of office as a
member."
(3) Subsection (c) of such section is amended to read as
follows:
"(c) It shall be the duty and function of the Council to--
"(1) advise the Secretary with respect to any regulations
promulgated or proposed to be promulgated by the Secretary in the
implementation of the provisions of this title;
"(2) study and evaluate programs authorized by this title to
determine their effectiveness in carrying out the purposes for
which they were established;
"(3) monitor the development and execution of this title and
report directly to the Secretary any delay in the rapid execution
of this title;
"(4) review grants made under this title and advise the
Secretary with respect thereto; and
"(5) submit to the Congress annually an evaluation of the
efficiency of the administration of the provisions of this title.
(4) Subsection (e) of such section is amended (A) by striking
out " Members" and inserting in lieu thereof " Appointed members",
and (B) by striking out "they" and inserting in lieu thereof "all
of the members".
(b) The amendments made by subsection (a) //42 USC 6007 note.// do
not affect the term of office of persons who on the date of the
enactment of this Act are members of the National Advisory Council on
Services and Facilities for the Developmentally Disabled. The Secretary
of Health, Education, a d Welfare shall make appointments to such
Council in accordance with section 108 of the Act as vacancies occur in
the membership of such Council on and after the date of the enactment of
this Act. The ex officio members prescribed by section 108 of the Act
shall take office as of the date of the enactment of this Act.
Sec. 127. Section 139 of the Act //42 USC 6008.// is transferred to
part A of the Act (as amended by sections 125 and 126), is redesignated
as section 109, and is amended as follows:
(1) Paragraphs (a), (b), and (c) are each amended by striking
out "this part" and inserting in lieu thereof "part C".
(2) Paragraphs (a), (b), (c), and (d) are redesignated as
paragraphs (1), (2), (3), and (4), respectively.
(3) The last sentence is repealed and the following new
sentences are inserted in lieu thereof: " Regulations of the
Secretary shall provide for approval of an application submitted
by a State for a project to be completed by two or more political
subdivisions, by two or more public or nonprofit private entities,
or by any combination of such subdivisions and entities. Within
one hundred and eighty days of the date of the enactment of any
amendments to this title, the Secretary shall promulgate such
regulations as may be required for implementation of such
amendments."
Sec. 128. Part A of the Act (as amended by sections 125, 126, 127) is
amended by adding after section 109 the following new section:
" Sec. 110. //42 USC 6009.// (a) The Secretary, in consultation with
the National Advisory Council on Services and Facilities for the
Developmentally Disabled, shall within two years of the date of the
enactment of the Developmentally Disabled Assistance and Bill of Rights
Act develop a comprehensive system for the evaluation of services
provided to persons with developmental disabilities through programs
(including residential and nonresidential programs) assisted under this
title. Within six months after the development of such a system, the
Secretary shall require, as a condition to the receipt of assistance
under this title, that each State submit to the Secretary, in such form
and manner as he shall prescribe, a time-phased plan for the
implementation of such system. Within two years after the date of the
development of such a system, the Secretary shall require, as a
condition to the receipt of assistance under this title, that each State
provide assurances satisfactory to the Secretary that the State is using
such a system.
"(b) The evaluation system to be developed under subsection (a)
shall--
"(1) provide objective measures of the developmental progress
of persons with developmental disabilities using data obtained
from individualized habilitation plans as required under section
112 or other comparable individual data;
"(2) provide a method of evaluating programs providing services
for persons with developmental disabilities which method uses the
measures referred to in paragraph (1); and
"(3) provide effective measures to protect the confidentiality
of records of, and information describing, persons with
developmental disabilities.
"(c) Not later than two years after the date of the Developmentally
Disabled Assistance and Bill of Rights Act, Secretary shall submit to
the Congress a report on the evaluation system developed pursuant to
subsection (a). Such report shall include an estimate of the costs to
the Federal Government and the States of developing and implementing
such a system.
"(d) The Secretary, in consultation with the National Advisory
Council on Services and Facilities for the Developmentally Disabled, may
make grants to public and private nonprofit entities and may enter into
contracts with individuals and public and nonprofit private entities to
assist in developing the evaluation to be developed under subsection
(a), except that such a grant or contract may not be entered into with
entities or individuals who have any financial or other direct interest
in any of the programs to be evaluated under such a system. Contracts
may be entered into under this subsection without regard to sections
3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C.5)."
Sec. 201. Part A of the Act (as amended by title I) is amended by
inserting after section 110 the following new section:
" Sec. 111. //42 USC 6010.// Congress makes the following findings
respecting the rights of persons with developmental disabilities:
"(1) Persons with developmental disabilities have a right to
appropriate treatment, services, and habilitation for such disabilities.
"(2) The treatment, services, and habilitation for a person with
developmental disabilities should be designed to maximize the
developmental potential of the person and should be provided in the
setting that is least restrictive of the person's personal liberty.
"(3) The Federal Government and the States both have an obligation to
assure that public funds are not provided to any institutional or other
residential program for persons with developmental disabilities that--,
"(A) does not provide treatment, services, and habilitation
which is appropriate to the needs of such persons; or
"(B) does not meet the following minimum standards:
"(i) Provision of a nourishing, well-balanced daily diet to the
persons with developmental disabilities being served by the
program.
"(ii) Provision to such persons of appropriate and sufficient
medical and dental services.
"(iii) Prohibition of the use of physical restraint on such
persons unless absolutely necessary and prohibition of the use of
such restraint as a punishment or as a substitute for a
habilitation program.
"(iv) Prohibition on the excessive use of chemical restraints
on such persons and the use of such restraints as punishment or as
a substitute for a habilitation program or in quantities that
interfere with services, treatment, or habilitation for such
persons.
"(v) Permission for close relatives of such persons to visit
them at reasonable hours without prior notice.
"(vi) Compliance with adequate fire and safety standards as may
be promulgated by the Secretary.
"(4) All programs for persons with developmental disabilities should
meet standards which are designed to assure the most favorable possible
outcome for those served, and--,
"(A) in the case of residential programs serving persons in
need of comprehensive health-related, habilitative, or
rehabilitative services, which are at least equivalent to those
standards applicable to intermediate care facilities for the
mentally retarded promulgated in regulations of the Secretary on
January 17, 1974 (39 Fed. Reg. pt. II), as appropriate when taking
into account the size of the institutions and the service delivery
arrangements of the facilities of the programs;
"(B) in the case of other residential programs for persons with
developmental disabilities, which assure that care is appropriate
to the needs of the persons being served by such programs, assure
that the persons admitted to facilities of such programs are
persons whose needs can be met through services provided by such
facilities, and assure that the facilities under such programs
provide for the humane care of the residents of the facilities,
are sanitary, and protect their rights; and
"(C) in the case of nonresidential programs, which assure the care
provided by such programs is appropriate to the persons served by the
programs."
Sec. 202. Part A of the Act is amended by inserting after section 111
(added by section 201) the following new section:
" Sec. 112. //42 USC 6011.// (a) The Secretary shall require as a
condition to a State's receiving an allotment under part C after
September 30, 1976, that the State provide the Secretary satisfactory
assurances that each program (including programs of any agency,
facility, or project) which receives funds from the State's allotment
under such part (1) has in effect for each developmentally disabled
person who receives services from or under the program a habilitation
plan meeting the requirements of subsection (b), and (2) provides for an
annual review, in accordance with subsection (c), of each such plan.
"(b) A habilitation plan for a person with developmental disabilities
shall meet the following requirements:
"(1) The plan shall be in writing.
"(2) The plan shall be developed jointly by (A) a
representative or representatives of the program primarily
responsible for delivering or coordinating the delivery of
services to the person for whom the plan is established, (B) such
person, and (c) where appropriate, such person's parent or
guardian or other representative.
"(3) Such plan shall contain a statement of the long-term
habilitation goals for the person and the intermediate
habilitation objectives relating to the attainments of such goals.
Such objectives shall be stated specifically and in sequence and
shall be expressed in behavioral or other terms that provide
measurable indices of progress. The plan shall (A) describe how
the objectives will be achieved and the barriers that might
interfere with the achivevement of them, (B) state an objective
criteria and an evaluation procedure and schedule for determining
whether such objectives and goals are being achieved, and (C)
provide for a program coordinator who will be responsible for the
implementation of the plan.
"(4) The plan shall contain a statement (in readily
understandable form) of specific habilitation services to be
provided, shall identify each agency which will deliver such
services, shall describe the personnel (and their qualifications)
necessary for the provision of such services, and shall specify
the date of the initiation of each service to be provided and the
anticipated duration of each such service.
"(5) The plan shall specify the role and objectives of all
parties to the implementation of the plan.
"(c) Each habilitation plan shall be reviewed at least annually by
the agency primarily responsible for the delivery of services to the
person for whom the plan was established or responsible for the
coordination of the delivery of services to such person. In the course
of the review, such person and the person's parents or guardian or other
representative shall be given an opportunity to review such plan and to
participate in its revision."
Sec. 203. Part A of the Act is amended by inserting after section 112
(added by section 202) the following new section:
" Sec. 113. //42 USC 6012.// (a) The Secretary shall require as a
condition to a State receiving an allotment under part C for a fiscal
year ending before October 1, 1977, that the State provide the Secretary
satisfactory assurances that not later than such date (1) the State will
have in effect a system to protect and advocate the rights of persons
with development disabilities, and (2) such system will (A) have the
authority to pursue legal, administrative, and other appropriate
remedies to insure the protection of the rights of such persons who are
receiving treatment, services, or habilitation within the State, and (B)
be independent of any State agency which provides treatment, services,
or habilitation to persons with developmental disabilities. The
Secretary may not make an allotment under part C to a State for a fiscal
year beginning after September 30, 1977, unless the State has in effect
a system described in the preceding sentence.
"(b)(1) To assist States in meeting the requirements of subsection
(a), the Secretary shall allot to the States the sums appropriated under
paragraph (2). Such allotments shall be made in accordance with
subsections (a)(1)(A) and (b) of section 132. //42 USC 6062.//
"(2) For allotments under paragraph (1), there are authorized to be
appropriated $3,000,000 for fiscal year 1976, $3,000,000 for fiscal year
1977, and $3,000,000 for fiscal year 1978."
Sec. 204. (a) The Secretary of Health, Education, and Welfare
(hereinafter in this section referred to as the " Secretary") shall
conduct or arrange for the conduct of the following: //42 USC 6010
note.//
(1) A review and evaluation of the standards and quality
assurance mechanisms applicable to residential facilities and
community agencies under the Rehabilitation Act of 1973, //29 USC
701 note.// titles I and VI of the Elementary and Secondary
Education Act of 1965, //20 USC 331 note, 871.// titles XVIII,
XIX, and XX of the Social Security Act, //42 USC 1395, 1396,
1397.// and any other Federal law administered by the Secretary.
Such standards and mechanisms shall be reviewed and evaluated (A)
for their effectiveness in assuring the rights, described in
section 111 of the Act, of persons with developmental
disabilities, (B) for their affectiveness in insuring that
services rendered by such facilities and agencies to persons with
developmental disabilites are consistent with current concepts of
quality care concerning treatment, services, and habilitation of
such persons, (C) for conflicting requirements, and (D) for the
relative effectiveness of their enforcement and the degree and
extent of their effectiveness.
(2) The development of recommendations for standards and
quality assurance mechanisms (including enforcement mechanisms)
for residential facilities and community agencies providing
treatment, services, or habilitation for persons with
developmental disabilities which standards and mechanisms will
assure the rights stated in section 111 of the Act. Such
recommendations shall be based upon performance criteria for
measuring and evaluating the developmental progress of persons
with developmental disabilities which criteria are consistent with
criteria used in the evaluation system developed under section 110
of the Act.
(3) The development of recommendations for changes in Federal
law and regulations administered by the Secretary after taking
into account the review and evaluation under paragraph (1) and the
recommended standards or mechanisms developed under paragraph (2).
(b)(1) The Secretary may in consultation with the National Advisory
Council on Services and Facilities for the Developmentally Disabled,
obtain (through grants or contracts) the assistance of public and
private entities in carrying out subsection (a).
(2) In carrying out subsection (a), the Secretary shall consult with
appropriate public and private entities and individuals for the prupose
of receiving their expert assistance, advice, and recommendations. Such
agencies and individuals shall include persons with developmental
disabilities, representative of such individuals, the appropriate
councils of the Joint Commission on Accreditation of Hospitals,
providers of health care, and State agencies. Persons to be consulted
shall include the following officers of the Department of Health,
Education, and Welfare: The Commissioner of the Medical Services
Administration, the Commissioner of the Rehabilitation Services
Administration, the Deputy Commissioner of the Bureau of Education for
the Handicapped, the Assistant Secretary for Human Development, the
Commissioner of the Community Services Administration, and the
Commissioner of the Social Security Administration.
(c) The Secretary shall within eighteen months after the date of
enactment of this Act complete the review and evaluation and development
of recommendations prescribed by subsection (a) and shall make a report
to the Committee on Labor and Public Welfare of the Senate and the
Committee on Interstate and Foreign Commerce of the House of
Representatives on such review and evaluation and recommendations.
Sec. 301. (a) The Secretary of Health, Education, and Welfare //42
USC 6001 note.// (hereinafter in this section referred to as the "
Secretary") shall, in accordance with section 101 (7) of the Act
(defining the term "developmental disability") (as amended by title I of
this Act), determine the conditions of persons which should be included
as developmental disabilities for purposes of the programs aughorized by
title I of the Act. Within six months of the date of enactment of this
Act the Secretary shall make such determination and shall make a report
thereon to the Congress specifying the conditions which he determined
should be so included, the conditions which he determined should not be
so included, and the reasons for each such determination. After making
such report, the Secretary shall periodically, but not less often than
annually, review the conditions not so included as developmental
disabilities to determine if they should be so included. The Secretary
shall report to the Congress the results of each such review.
(b)(1) The Secretary shall contract for the conduct of an independent
objective study to determine (A) if the basis of the definition of the
developmental disabilities (as amended by title I of this Act) with
respect to which assistance is authorized under such title is
appropriate and, to the extent that it is not, to determine an
appropriate basis for determining which disabilities should be included
and which disabilities should be excluded from the definition, and (B)
the nature and adequacy of services provided under other Federal
programs for persons with disabilities not included in such definition.
(2) A final report giving the results of the study required by
paragraph (1) and providing specifications for the definition of
developmental disabilities for purposes of title I of the Act shall be
submitted by the organization conducting the study to the Committee on
Inter-State and Foreign Commerce of the House of Representatives and the
Committee on Labor and Public Welfare of the Senate not later than
eighteen months after the date of enactment of this Act.
Sec. 302. (a) Sections 134, 137, 138, 140, 141, and 142 of the Act
//42 USC 6063 - 6068.// are redesignated as sections 133, 134, 135, 136,
137, and 138, respectively.
(b)(1) Section 132 of the Act //42 USC 6062.// is amended by striking
out "134" each place it occurs and inserting in lieu thereof "133".
(2) Section 133(b)(1) //42 USC 6063.// is amended by striking out
"141" and inserting in lieu thereof "137".
(3) Section 135 of the Act //42 USC 6065.// (as so redesignated) is
amended (A) by striking out "134" each place it occurs and inserting in
lieu thereof "133", and (B) by striking out "136" in subsection (b) and
inserting in lieu thereof "135".
(4) Section 136 of the Act //42 USC 6066.// (as so redesignated) is
amended by striking out "134" each place it occurs and inserting in lieu
thereof "133".
(5) Section 138 of the Act //42 USC 6068.// (as so redesignated) is
amended (A) by striking out "134" and inserting in lieu thereof "133",
and (B) by striking out "136" and inserting in lieu thereof "135".
(c) Sections 100 and 130 of the Act and title IV of the Mental
Retardation Facilities and Community Mental Health Centers Construction
Act of 1963 //42 USC 2661 note, 2670, 2691, 2693 - 2697b.// are
repealed.
Sec. 303. The amendments made by this Act shall take effect with
respect to appropriations under the Act for fiscal years beginning after
June 30, 1975. //42 USC 6001 note.//
LEGISLATIVE HISTORY
HOUSE REPORTS: No. 94 0 58 (Comm. on Interstate and Foreign
Commerce) and No. 94 - 473 (Comm. of Conference).
SENATE REPORT No. 94 - 160 accompanying S. 462 (Comm. on Labor and
Public Welfare).
CONGRESSIONAL Record, Vol. 121 (1975):
Apr. 10, considered and passed House.
June 2, considered and passed Senate, amended, in lieu of S.
462.
Sept. 18, House agreed to conference report.
Sept. 23, Senate agreed to conference report.
Public Law 94-102, 89 Stat. 485, Federal Reclamation Projects.
Rehabilitation and Betterment Loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of the Act entitled " An Act to provide for the return of rehabilitation
betterment costs of Federal reclamation projects", approved October 7,
1949, //43 USC 504.// is amended to read as follows: " Expenditures of
funds hereafter specifically appropriated for rehabilitation and
betterment of any project constructed under authority of the Small
Reclamation Projects Act //43 USC 422k.// (Act of August 6, 1956, 70
Stat. 1044, and Acts amendatory thereof and supplementary thereto) and
of irrigation systems on projects governed by the Federal reclamation
laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or
supplementary thereto) //43 USC 391 note.// , shall be made only after
the organizations concerned shall have obligated themselves for the
return thereof, in installments fixed in accordance with their ability
to pay, as determined by the Secretary of the Interior in the light of
their outstanding repayment obligations, and which shall, to the fullest
practicable extent, be scheduled for return with their construction
charge installments or otherwise scheduled as he shall determine:
Provided, That repayment of such loans made for small reclamation
projects shall include interest in accordance with the provisions of
said Small Reclamation Projects Act.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 102 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 380 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 212 (1975):
Apr. 8, considered and passed House.
Sept. 22, considered and passed Senate.
Public Law 94-101, 89 Stat. 484.
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 the date of enactment in the second column below, an
amount not to exceed that shown opposite such river basin in the third
column below:
Baisn Date Amount
Arkansas River Basin June 28, 1938 $4,000,000
Mississippi River and
Tributaries May 15, 1928 158,000,000
North Branch Susquehana
River Basin July 3, 1958 22,000,000
Santa Ana River Basin June 22, 1936 2,000,000
(b) The total amount authorized to be appropriated by this section
shall not exceed $186,000,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 440 accompanying H.R. 8757 (Comm. on Public
Works and Transportation).
SENATE REPORT N. 94 - 362 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 4, considered and passed Senate.
Sept. 19, considered and passed House, lieu of H.R. 8757.
Public Law 94-100, 89 Stat. 483, Defense Production Act of 1950,
Amendments.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first sentence of
section 717(a) of the Defense Production Act of 1950 //50 USC app.
2166.// is amended by striking out " September 30, 1975" and inserting
in lieu thereof " November 30, 1975".
Sec. 2. The last sentence of subsection (j) of Public Law 93 - 311
//15 USC 1026.// is amended by striking out " September 30, 1975" and
inserting in lieu thereof " November 30, 1975".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 29, considered and passed House.
Sept. 30, considered and passed Senate.
Public Law 94-99, 89 Stat. 481, Emergency Petroleum Allocation Act of
1975.
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 " Emergency Petroleum
Allocation Act of 1975". //15 USC 751 note.//
Sec. 2. Section 4(g)(1) of the Emergency Petroleum Allocation Act of
1973 //15 USC 753.// is amended by striking out " August 31, 1975,"
wherever it appears and inserting in lieu thereof " November 15, 1975,".
Sec. 3. It is the intent of the Congress that the regulations
promulgated under the Emergency Petroleum Allocation Act of 1973 //15
USC 753 note.// shall be effective for the period between August 31,
1975, and the date of enactment of this Act. //15 USC 751 note.//
Sec. 4. The purpose of this limited extension of the Emergency
Petroleum Allocation Act //15 USC 753 note.// is to provide Congress and
the Executive adequate time and opportunity to reach mutual agreement on
a long-term petroleum pricing policy. During the period of this
extension it is the intent of the Congress that the status quo shall be
maintained and the President shall institute no major change in
petroleum pricing policy under section 4(g)(2) of the Act prior to
November 1, 1975. Any adjustment the President may make in price shall
be in accord with his policy on inflation impact statements and economic
justification set forth in Executive Order Numbered 11821 and in
Circular Numbered A-107, January 28, 1975, Office of Management and
Budget.
Sec. 5. Any Senate resolution to disapprove a Presidential decontrol
proposal submitted under section 4(g)(2) //15 USC 753 note.// shall be
immediately placed upon the Senate legislative calendar and any motion
by the Majority Leader or his designee thereafter to proceed to the
consideration of such disapproval resolution shall be decided without
debate and by majority vote; and within forty-eight hours after the
disapproval resolution is made the pending business or sooner if
otherwise ordered by the Senate, the Chair shall direct the Clerk to
call the roll on the final disposition of the disapproval resolution
without any further debate or intervening motion, any other rule or
provision of law notwithstanding.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 11, considered and passed House
Sept. 11, 26 considered and passed Senate, amended, in lieu of
S. 2299.
sept. 26, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40:
Sept. 29, Presidential statement.
Public Law 94-98, 89 Stat. 480.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, The Regents of the
Smithsonian Institution are authorized to prepare plans for museum
support facilities to be used for //20 USC 50 note.// (1) the care,
curation, conservation, deposit, preparation, and study of the national
collections of scientific, historic, and artistic objects, specimens,
and artifacts; (2) the related documentation of such collections of the
Smithsonian Institution; and (3) the training of museum conservators.
Sec. 2. The museum support facilities referred to in section 1 shall
be located on federally owned land within the metropolitan area of
Washington, District of Columbia. Any Federal agency is authorized to
transfer land under its jurisdiction to the Smithsonian Institution for
such purposes without reimbursement.
Sec. 3. There are hereby authorized to be appropriated to the
Smithsonian Institution such sums as may be necessary to accomplish the
purposes of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 258 accompanying H.R. 5328 (Comm. on House
Administration).
SENATE REPORT No. 94 - 298 (Comm. on Rules nd Administration).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 25, considered and passed Senate.
Sept. 3, considered and passed House, amended, in lieu of H.R.
5328
Setp. 8, Senate concurred in House amendment.
Public Law 94-97, 89 Stat. 470.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, effective January
1, 1978, section 6103(a) of title 5, United States Code, is amended by
striking out--
" Veterans Day, the fourth Monday in October." and inserting in lieu
thereof--
" Veterans Day, November 11.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 451 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 94 - 34 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975)d
Mar. 13, considered and passed Senate.
Sept. 9, considered and passed House.
Public Law 94-96, 89 Stat. 478.
Whereas in the congestion and the complexities, the tensions and
frustrations of today's life, the need for outdoor recreation--the
opportunity to "get away from it all"--has become of crucial importance;
and
Whereas there are few pursuits providing a better chance for healthy
exercise, peaceful solitude, and appreciation of the great outdoors than
hunting and fishing; and
Whereas this is evident in the fact that more than fifteen million
hunting licenses and twenty-four million fishing licenses were issued in
1970; and
Whereas this income provides a rich source of funds for fish and
wildlife conservation and management and for the salvation,
preservation, and propagation of vanishing species; and
Whereas hunters and anglers traditionally have led in the effort to
preserve our natural resources; and
Whereas outdoor sportsmen also have led in the promotion of proper
respect for private as well as public property, of courtesy in the field
and forest, and in boating and firearm safety programs; and
Whereas there is no present national recognition of the many and
worthwhile contributions of the American hunter and angler: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States declare the fourth Saturday of September 1975, as "
National Hunting and Fishing Day" to provide that deserved national
recognition, to recognize the esthetic, health, and recreational virtues
of hunting and fishing, to dramatize the continued need for gun and boat
safety, and to rededicate ourselves to the conservation and respectful
use of our wildlife and natural resources.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 457 accompanying H.J. Res. 209 (Comm. on Post
Office and Civil Service).
SENATE REPORT No. 94 - 109 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 8, considered and passed Senate.
Sept. 9, considered and passed House in lieu of H. J. Res.
209.
Public Law 94-95, 89 Stat. 477.
Whereas Elizabeth Seton, who was born in New York City on August 28,
1774, and who died in Emmitsburg, Maryland, on January 8, 1821, who was
the founder of the first religious order for women in the United States
and who also established the first Catholic parish school in the United
States, will be canonized and proclaimed to be a saint on September 14,
1975, at official ceremonies in Saint Peter's Basilica in Rome, thus
becoming the first person born in what is now the United States to be so
recognized; and
Whereas Elizabeth Seton, who will then be known as Saint Elizabeth
Seton, through her own life and work and through the work of thousands
of women who traced the origins of their religious foundations to her
founding of the Sisters of Charity of Saint Joseph of Emmitsburg,
Maryland, on July 31, 1809, made an extraordinary contribution to the
religious and moral life of our country as well as to the education,
health, and welfare of vast numbers of our citizens: 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
authorized and requested to issue a proclamation designating Sunday,
September 14, 1975, as " National Saint Elizabeth Seton Day" and calling
upon the people of the United States and interested groups and
organizations to observe that day with appropriate ceremonies and
activities.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 458 accompanying H. J. Res. 597 (Common. on
Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 8, considered and passed Senate.
Sept. 9, considered and passed House, in lieu of H. J. Res.
597.
Public Law 94-94, 89 Stat. 468, Education Division and related
Agencies Appropriation Act, 1976.
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 Education Division and related agencies, for the
fiscal year ending June 30, 1976, and the period ending September 30,
1976, and for other purposes, namely:
For carrying out, to the extent not otherwise provided, title I, part
A ($2,023,981,000), title I, part B ($24,769,000), title IV, part C
($172,888,000), and title VII of the Elementary and Secondary Education
Act ($97,770,000) //20 USC 241c, 241d, 1831, 880b.// ; title VII of the
Education Amendments of 1974; the Environmental Education Act //20 USC
1901; 20 USC 1531 note.// ($3,000,000): section 417(a) (2) of the
General Education Provisions Act; //20 USC 1226c.// part J of the
Vocational Education Act; //20 USC 1393.// part IV of title III of the
Communications Act of 1934; the Alcohol and Drug Abuse Education Act;
//47 USC 390; 21 USC 1001 note.// and part B of the Headstart-Follow
Through Act //42 USC 2929.// ($59,000,000), $2,414,158,000, of which
$12,500,000 shall be for educational broadcasting facilities and shall
remain available until expended: Provided, That of the amounts
appropriated above the following amounts shall become available for
obligation on July 1, 1976, and shall remain available until September
30, 1977: title I, part A ($2,023,981,000), title I, part B
($24,769,000), title IV, part C ($172,888,000) of the Elementary and
Secondary Education Act and section 417(a)(2) of the General Education
Provisions Act ($1,250,000): Provided further, That amounts
appropriated for carrying out title I of the Elementary and Secondary
Education Act in the fiscal year 1976, //20 USC 241a.// shall be
available for carrying out section 822 of Public Law 93 - 380. //20 USC
241c note.// For carrying out title IV of the Elementary and Secondary
Education Act //20 USC 1801.// an additional $11,633,852 for fiscal year
1977: Provided, That none of such funds may be paid to any State for
which the allocation for fiscal year 1977 exceeds the allocation for
comparable purposes for fiscal year 1974.
For carrying out title I of the Act of September 30, 1950, //20 USC
236 et seq.// as amended (20 U.S.C., ch. 13), $660,000,000 of which
$46,000,000 shall be for payments under section 6, //20 USC 241.//
$603,000,000 shall be for payments under sections 2, 3, and j in
accordance with subsection 5(c) of said Act, //20 USC 237, 238, 239,
240.// and $11,000,000 shall be for payments under subparagraphs (B) and
(C) of section 305 of the Education Amendments of 1974. //20 USC 238.//
For carrying out the Act of September 23, 1950, //20 USC 631 et seq.//
as amended (20 U.S.C., ch. 19), $20,000,000, which shall remain
available until expended, shall be for providing school facilities as
authorized by said Act of September 23, 1950: Provided, That, with the
exception of up to $5,000,000 for repairs for facilities constructed
under section 10, //20 USC 640.// none of the funds contained herein for
providing school facilities shall be available to pay for any other
section of the Act of September 23, 1950, until payment has been made of
100 per centum of the amounts payable under section 5 and subsections
14(a) and 14(b) //20 USC 635, 644.// : Provided further, That of the
funds provided herein for carrying out the Act of September 23, 1950, no
more than 47.5 per centum may be used to fund section 5 of said Act:
Provided further, That the Commissioner of Education is hereby
authorized to provide amounts necessary to meet the costs of providing
increased school facilities in communities located near the Trident
Support Site, Bangor, Washington; notwithstanding section 421 A
(c)(2)(A) of the General Education Provisions Act, //20 USC 1231.// the
Commissioner is authorized to approve applications for funds for this
purpose on such terms and conditions as he may reasonably require
without regard to any provision in law. For " School assistance in
federally affected areas" for the period July 1, 1976, through September
30, 1976, $70,000,000.
For carrying out title IV of the Civil Rights Act of 1964 //42 USC
2000c.// and the Emergency School Aid Act, //20 USC 1601 note.//
$241,700,000. For carrying out title IV of the Civil Rights Act of 1964
and the Emergency School Aid Act, for the period July 1, 1976, through
September 30, 1976, $325,000.
For carrying out, to the extent not otherwise provided, the Education
of the Handicapped Act, //20 USC 1401 note.// $236,375,000: Provided,
That of this amount, $110,000,000 for part B shall become available for
obligation on July 1, 1976, and shall remain available until September
30, 1977. For " Education for the handicapped" for the period July 1,
1976, through September 30, 1976, $10,500,000.
For carrying out, to the extent not otherwise provided, section 102
(b) ($20,000,000), parts B and C ($433,529,100), D, F ($40,994,000), G
($19,500,000), H ($9,849,000) and I of the Vocational Education Act of
1963, as amended (20 U.S.C. 1241 - 1391), and parts B-1, D, and F of the
Education Professions Development Act, //20 USC 1101, 1119, 1119c.// and
the Adult Education Act of 1966, //20 USC 1201 note.// $669,650,100,
including $16,000,000 for exemplary programs under part D of said 1963
Act //20 USC 1301.// of which 50 per centum shall remain available until
expended and 50 per centum shall remain available through June 30, 1977,
and not to exceed $18,000,000 for research and training under part C of
said 1963 Act: //20 USC 1281.// : Provided, That of this amount
$71,500,000 for the Adult Education Act shall become available for
obligation on July 1, 1976, and shall remain available until September
30, 1977. For " Occupational, vocational, and adult education" for the
period July 1, 1976, through September 30, 1976, $151,000,000.
For carrying out, to the extent not otherwise provided, titles I,
III, IV, and parts A, B, C, and D of title IX and section 1203 of the
Higher Education Act, the Emergency Insured Student Loan Act of 1969,
//20 USC 1001, 1051, 1070, 1134, 1134d, 1134i, 1134n, 1142b.// as
amended, section 207 and title VI of the National Defense Education Act,
//20 USC 1078a note.// the Mutual Educational and Cultural Exchange Act
of 1961, section 22 of the Act of June 29, 1935, //20 USC 427, 511; 22
USC 2451 note.// (7 U.S.C. 329), section 421 of the General Education
Provisions Act, //20 USC 1230.// title IX of the Elementary and
Secondary Education Act, and Public Law 92 - 506, //20 USC 900; 86
Stat. 907.// $2,439,309,000, of which $240,093,000 for supplemental
educational opportunity grants and amounts available for work-study
grants and for incentive grants shall remain available through September
30, 1977, $23,750,000 shall be for veterans cost-of-instruction payments
to institutions of higher education, $715,000,000 shall be for basic
opportunity grants (including not to exceed $11,500,000 for
administrative expenses) of which $703,500,000 shall remain available
through September 30, 1977, and $542,000,000 for subsidies on guaranteed
student loans shall remain available until expended. For " Higher
education" for the period July 1, 1976, through September 30, 1976,
$124,000,000, to remain available until expended.
For carrying out, to the extent not otherwise provided, titles I
($49,155,000) and III ($2,594,000) of the Library Services and
Construction Act (20 U.S.C., ch. 16); titles II and VI //20 USC 352,
355e.// ($7,500,000) of the Higher Education Act; and title IV, part B
($147,330,000) of the Elementary and Secondary Education Act, //20 USC
1021, 1121.// $218,054,000: Provided, That the amount appropriated
above for title IV, part B of the Elementary and Secondary Education Act
//20 USC 1821.// shall become available for obligation on July 1, 1976,
and shall remain available until September 30, 1977.
For carrying out the Special Projects Act //20 USC 1851 note.//
(Public Law 93 - 380), $36,893,000.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the Office of Education, as authorized by law,
$2,000,000, to remain available until expended: Provided, That this
appropriation shall be available, in addition to other appropriations to
such office, for payments in the foregoing currencies.
For " Educational activities overseas (special foreign currency
program)" for the period July 1, 1976, through September 30, 1976,
$200,000, to remain available until expended.
For carrying out, to the extent not otherwise provided, the General
Education Provisions Act, //20 USC 1221 note;// and the Education
Amendments of 1974, //20 USC 821 note.// including rental of conference
rooms in the District of Columbia, $105,224,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $24,643,000.
For the Student Loan Insurance Fund authorized by the Higher
Education Act of 1965, //20 USC 1001 note.// $201,787,000, to remain
available until expended.
For the " Student Loan Insurance Fund" for the period July 1, 1976,
through September 30, 1976, $30,000,000, to remain available until
expended.
For the payment of such insufficiencies as may be required by the
trustee on account of outstanding beneficial interest or participations
in assets of the Office of Education authorized by the Department of
Health, Education, and Welfare Appropriation Act, 1968, //81 Stat.
386.// to be issued pursuant to section 302(c) of the Federal National
Mortgage Association Charter Act (12 U.S.C. 1717(c)), $2,192,000, to
remain available until expended, and the Secretary is hereby authorized
to make such expenditures, within the limits of funds available in the
Higher Education Facilities Loan and Insurance Fund, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitation as provided by section 104 of the Government Corporation
Control Act (31 U.S.C. 849) as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for such
fund.
For " Higher Education Facilities Loan and Insurance Fund" for the
period July 1, 1976, through September 30, 1976, for the payment of such
insufficiencies as may be required by the trustee on account of
outstanding beneficial interest or participations in assets of the
Office of Education authorized by the Department of Health, Education,
and Welfare Appropriation Act, 1968, to be issued pursuant to section
302(c) of the Federal National Mortgage Association Charter Act (12 U.
S.C. 1717(c)), $548,000, to remain available until expended, and the
Secretary is hereby authorized to make such expenditures, within the
limits of funds available in the Higher Education Facilities Loan and
Insurance Fund, and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitation as provided by
section 104 of the Government Corporation Control Act (31 U.S.C. 849) as
may be necessary in carrying out the program for the current fiscal
period for such fund.
For carrying out section 405 of the General Education Provisions Act,
//20 USC 1221e.// including rental of conference rooms in the District
of Columbia, $70,000,000, of which up to $30,000,000 shall be made
available by the Institute to the educational laboratories and research
and development centers: Provided, That none of the funds appropriated
under this heading may be used to award a grant or contract to any
educational laboratory, research and development center, or any other
project if any employee of said laboratory, center, or project is
compensated, directly or indirectly, in whole or in part from Federal
funds at an annual salary in excess of the salary paid to the U.S.
Commissioner of Education or the Director of the National Institute of
Education.
For " National Institute of Education" for the period July 1, 1976,
through September 30, 1976, $20,000,000.
For necessary expenses to carry out sections 402, 404, and 406 of the
General Education Provisions Act, //20 USC 1221b, 1221d, 1221e-1.//
$32,500,000, of which not to exceed $1,500 may be for official reception
and representation expenses.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $5,599,000, of which not to exceed $400 may be for
official reception and representation expenses.
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
- 105), $2,408,000.
For " American Printing House for the Blind" for the period July 1,
1976, through September 30, 1976, $602,000.
For carrying out the National Technical Institute for the Deaf Act
(20 U.S.C. 681, et seq.), $9,836,000.
For " National Technical Institute for the Deaf" for the period July
1, 1976, through September 30, 1976, $2,932,000.
For carrying out the Model Secondary School for the Deaf Act (80
Stat. 1027) and for the partial support of Gallaudet College authorized
by the Act of June 18, 1954, //68 Stat. 265.// $22,435,000, of which
$2,255,000 shall be for construction and shall remain available until
expended: Provided, That if requested by the college, such construction
shall be supervised by the General Services Administration.
For " Gallaudet College" for the period July 1, 1976, through
September 30, 1976, $5,606,000.
For the partial support of Howard University, $84,158,000, of which
$10,000,000 shall be for construction and shall remain available until
expended: Provided, That if requested by the university, such
construction shall be supervised by the General Services Administration.
For " Howard University" for the period July 1, 1976, through
September 30, 1976, $18,728,000.
Sec. 301. Appropriations contained in this Act, available for
salaries and expenses, shall be availble for services as authorized by 5
U.S.C. 3109 but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18.
Sec. 302. Appropriations contained in this Act available for salaries
and expenses shall be available for expenses of attendance at meetings
which are concerned with the functions or activities for which the
appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities.
Sec. 303. 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 Public
Law 93 - 554. //88 Stat. 1784.//
Sec. 304. No part of any appropriation contained in this Act shall be
used to finance any Civil Service Interagency Board of Examiners.
Sec. 305. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, a grant, the salary of or
any remuneration whatever to any individual applying for admission,
attending, employed by, teaching at, or doing research at an institution
of higher education who has engaged in conduct on or after August 1,
1969, which involves the use of (or the assistance to others in the use
of) force or the threat of force or the seizure of property under the
control of an institution of higher education, to require or prevent the
availability of certain curriculum, or to prevent the faculty,
administrative officials, or students in such institution from engaging
in their duties or pursuing their studies at such institution.
Sec. 306. The Secretary of Health, Education, and Welfare is
authorized to transfer unexpended balances of prior appropriations to
accounts corresponding to current appropriations provided in this Act:
Provided, That such transferred balances are used for the same purpose,
and for the same periods of time, for which they were originally
appropriated.
Sec. 307. Funds contained in this Act used to pay for contract
services by profitmaking consultant firms or to support consultant
appointments shall not exceed the fiscal year 1973 level: Provided,
That obligations made from funds contained in this Act for consultant
fees and services to any individual or group of consulting firms on any
one project in excess of $25,000 shall be reported to the Senate and
House of Representatives at least twice annually.
Sec. 308. No part of any appropriation contained in this Act shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 309. No part of any appropriation contained in this Act shall be
available for paying to the Administrator of the General Services
Administration in excess of 90 percent of the standard level user charge
established pursuant to section 210(j) of the Federal Property and
Administrative Services Act of 1949, //40 USC 490.// as amended, for
space and services.
Sec. 310. None of the funds provided herein shall be used to pay any
recipient of a grant for the conduct of a research project an amount
equal to as much as the entire cost of such project.
Sec. 311. None of the funds contained in this Act shall be used for
any activity the purpose of which is to require any recipient of any
project grant for research, training, or demonstration made by any
officer or employee of the Department of Health, Education, and Welfare
to pay to the United States any portion of any interest or other income
earned on payments of such grant made before July 1, 1964; nor shall
any of the funds contained in this Act be used for any activity the
purpose of which is to require payment to the United States of any
portion of any interest or other income earned on payments made before
July 1, 1964, to the American Printing House for the Blind.
Sec. 312. Funds appropriated in this Act to the American Printing
House for the Blind, Howard University, the National Technical Institute
for the Deaf, and Gallaudet College shall be awarded to these
institutions in the form of lump-sum grants and expenditures made
therefrom shall be subject to audit by the Secretary of Health,
Education, and Welfare.
Sec. 313. None of the funds contained in this Act shall be available
for additional permanent Federal positions in the Washington area if the
proportion of additional positions in the Washington area in relation to
the total new positions is allowed to exceed the proportion existing at
the close of fiscal year 1966.
Sec. 314. No part of the funds contained in this Act may be used to
force any school or school district which is desegregated as that term
is defined in title IV of the Civil Rights Act of 1964, //42 USC
2000c.// Public Law 88 - 352, to take any action to force the busing of
students; to force on account of race, creed, or color the abolishment
of any school so desegregated; or to force the transfer or assignment
of any student attending any elementary or secondary school so
desegregated to or from a particular school over the protest of his or
her parents or parent.
Sec. 315. (a) No part of the funds contained in this Act shall be
used to force any school or school district which is desegregated as
that term is defined in title IV of the Civil Rights Act of 1964, Public
Law 88 - 352, to take any action to force the busing of students; to
require the abolishment of any school so desegregated; or to force on
account of race, creed, or color the transfer of students to or from a
particular school so desegregated as a condition precedent to obtaining
Federal funds otherwise available to any State, school district, or
school.
(b) No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
This Act may be cited as the " Education Division and Related
Agencies Appropriation Act, 1976".
Carl Albert,
Speaker of the House of
Representatives.
Richard (Dick) Stone,
Acting President of the Senate
pro tempore.
September 9, 1975,
The House of Representatives having proceeded to reconsider the bill
(H.R. 5901) entitled " An Act making appropriations for the Education
Division and related agencies, for the fiscal year ending June 30, 1976,
and the period ending September 30, 1976, and for other purposes",
returned by the President of the United States with his objections, to
the House of Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Attest:
W. Pat Jennings,
Clerk.
By Benjamin J. Guthrie,
Assistant to the Clerk.
I certify that this Act originated in the House of Representatives
W. Pat Jennings,
Clerk.
September 10, 1975,
The Senate having proceeded to reconsider the bill (H.R. 5901)
entitled " An Act making appropriations for the Education Division and
related agencies, for the fiscal year ending June 30, 1976, and the
period ending September 30, 1976, and for other purposes", returned by
the President of the United States with his objections to the House of
Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
Francis R. Valeo,
Secretary.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 142 (Comm. on Appropriations) and No. 94 -
347 (Comm. of Conference).
SENATE Report No. 94 - 198 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 16, July 16, 18, considered and passed House.
June 27, July 17, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 30:
July 25, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 9, House overrode veto.
Sept. 10, Senate overrode veto.
Public Law 94-93, 89 Stat. 466.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That appropriations
provided for advances to the unemployment trust fund and other funds in
the Second Supplemental Appropriations Act, 1975, //26 USC 3304 note.//
shall also 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: Provided, That no loan
may be made for any month beginning after June 30, 1976, and that the
aggregate of such loans will not exceed $5,000,000.
Sec. 201. Section 3201 of the Railroad Retirement Tax Act //26 USC
3201.// is amended by striking out "compensation paid to such employee"
and inserting in lieu thereof "compensation paid in any calendar month
to such employee".
Sec. 202. Section 3211(a) of the Railroad Retirement Tax Act //26 USC
3211.// is amended by striking out "compensation paid to such employee
representative" and inserting in lieu thereof "compensation paid in any
calendar month to such employee representative".
Sec. 203. Section 3221(a) of the Railroad Retirement Tax Act //26 USC
3221.// is amended by striking out "compensation paid by such employer"
and inserting in lieu thereof "compensation paid in any calendar month
by such employer".
Sec. 204. Section 3231(a)(1) of the Railroad Retirement Tax //26 USC
3231.// Act is amended by striking out the first sentence and inserting
in lieu thereof:
" The term 'compensation' means any form of money remuneration paid
to an individual for services rendered as an employee to one or more
employers."
Sec. 205. Section 3231(e)(2) of the Railroad Retirement Tax Act is
amended by striking out the first sentence thereof.
Sec. 206. Section 3231(e)(2) of the Railroad Retirement Tax Act is
amended by adding as the first sentence thereof:
" An employee shall be deemed to be paid compensation in the period
during which such compensation is earned only upon a written request by
such employee, made within six months following the payment, and a
showing that such compensation was earned during a period other than the
period in which it was paid.".
Sec. 207. The amendments made by sections 201 through 205 of this
title //26 USC 3201// shall apply for taxable years ending on or after
the date of the enactment of this Act and for taxable years ending
before the date of the enactment of this Act as to which the period for
assessment and collection of tax or the filing of a claim for credit or
refund has not expired on the date of enactment of this Act. The
amendment made by section 206 of this title shall apply for taxable
years beginning on or after the date of enactment of this Act:
Provided, however, That with respect to payment made prior to the date
of enactment of this Act, the employee may file a written request under
section 206 within six months after the enactment of this Act.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Aug. 1, considered and passed House; considered and passed
Senate, amended; House concurred in Senate amendment.
Public Law 94-92, 89 Stat. 461.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. (a) Section 1(h) of the Railroad Unemployment Insurance
Act //45 USC 351.// is amended--,
(1) by inserting "for a 'period of continuing sickness' (as
defined in section 2(a) of this Act)" immediately after the words
"a statement of sickness" each time those words appear in the
second paragraph thereof; and
(2) by striking out from the second paragraph "and ends with
the thirteenth day thereafter" and inserting in lieu thereof "and
ends with whichever is the earlier of (i) the thirteenth day
thereafter, or (ii) the day immediately preceding the day with
respect to which a statement of sickness for a new 'period of
continuing sickness' (as defined in section 2(a) of this Act) is
filed in his behalf".
(b) Section 1(k) of such Act is amended by striking out "$3" from the
second sentence and inserting in lieu thereof "$10".
(c) Section 2(a) of such Act //45 USC 352.// is amended--,
(1) by striking out the first paragraph and inserting in lieu
thereof the following:
"(a) Benefits shall be payable to any qualified employee for each day
of unemployment in excess of four during any registration period:
Provided, however, That notwithstanding the provisions of section 1(h)
of this Act, in any case in which the Board finds that his unemployment
was due to a stoppage of work because of a strike in the establishment,
premises, or enterprise at which he was last employed, other than a
strike subject to the disqualification in section 4(a-2) (iii), //45 USC
354.// none of the first seven days of unemployment due to such stoppage
of work shall be included in any registration period; and subject to
the registration provisions of section 1(h), so many of the ensuing
seven consecutive calendar days during which his unemployment continues
to be caused by such stoppage of work shall constitute a registration
period, during which benefits shall be payable for each day of
unemployment. Benefits shall be payable to any qualified employee for
each day of sickness after the fourth consecutive day of sickness in a
period of continuing sickness, but excluding four days of sickness in
any registration period. A period of continuing sickness means (i) a
period of consecutive days of sickness, whether from one or more causes,
or (ii) a period of successive days of sickness due to a single cause
without interruption of more than ninety consecutive days which are not
days of sickness."; and
(2) by striking out the second paragraph and inserting in lieu
thereof the following:
" The daily benefit rate with respect to any such employee for such
day of unemployment or sickness shall be in an amount equal to 60 per
centum of the daily rate of compensation for the employee's last
employment in which he engaged for an employer in the base year, but not
less than $12.70: Provided, however, That for registration periods
beginning after June 30, 1975, but before July 1, 1976, such amount
shall not exceed $24 per day of such unemployment or sickness and that
for registration periods beginning after June 30, 1976, such amount
shall not exceed $25 per day of such unemployment or sickness. The
daily rate of compensation referred to in this paragraph shall be
determined by the Board on the basis of information furnished to the
Board by the employee, his employer, or both.".
(d) Section 2(c) of such Act //45 USC 352.// is amended--,
(1) by inserting "except that notwithstanding the provisions of
section 1(i) of this Act, in determining the employee's
compensation in the base year for purposes of this proviso and the
second proviso of this subsection, any money remuneration paid to
the employee for services rendered as an employee not in excess of
$775 in any month shall be taken into account" immediately before
the colon at the end of the first proviso; and
(2) by inserting immediately after the colon at the end of the
first proviso the following: " Provided further, That, with
respect to an employee who has less than ten years of service as
defined in section 1(f) of the Railroad Retirement Act of 1974,
//45 USC 231.// who did not voluntarily retire and did not
voluntarily leave work without good cause, and who had current
rights to normal benefits for days of unemployment in a benefit
year but has exhausted such rights, the maximum number of days of,
and amount of payment for, unemployment within such benefit year
(as extended by the provisions of subsection (h) of this section)
for which benefits may be paid shall be enlarged, but not by more
than sixty-five days, to include all compensable days of
unemployment within an extended benefit period determined pursuant
to the provisions of subsection (h) of this section, but the total
amount of benefits which may be paid to an employee for days of
unemployment within such extended benefit period shall in no case
exceed 50 per centum of the employee's compensation in the base
year:".
(e) Section 2 of such Act //45 USC 352.// is further amended by
adding at the end thereof the following new subsection:
"(h) (1) For purposes of the second proviso of subsection (c) of this
section, an extended benefit period, with respect to an employee, shall
begin on the first day of unemployment within a period of high
unemployment following the day on which the employee exhausted his then
current rights to normal benefits for unemployment and shall continue
for seven successive fourteen-day periods (each of which periods shall
constitute a registration period). If the general benefit year in which
an employee's extended benefit period began ends within such extended
benefit period, such benefit year shall, in the case of such employee,
be deemed not to be ended until the last day of the extended benefit
period. If an employee unemployed within a period of high unemployment
is not a 'qualified employee' for the general benefit year then current
but was a 'qualified employee' for the preceding general benefit year,
such preceding general benefit year shall, for purposes of the second
proviso of subsection (c) of this section, in the case of such employee,
be deemed not to be ended until the last day of such employee's extended
benefit period determined pursuant to the provisions of this subsection.
"(2) For purposes of subdivision (1) of this subsection, a 'period of
high unemployment' shall begin with the twentieth day after whichever of
the following first occurs: (A) there is a national 'on' indicator as
defined in section 203(d) of Public Law 91 - 373, as amended, //26 USC
3304 note.// or (B) a period of three consecutive calendar months in
which, for each month included in such period, the rate of railroad
unemployment (seasonally adjusted) equalled or exceeded the lowest
applicable unemployment rate specified for the national 'on' indicator
in section 203(d) of Public Law 91 - 373, as amended, and shall end with
the twentieth day after both of the following occur: (A) there is a
national 'off' indicator as defined in section 203(d) of Public Law 91 -
373, as amended, and (B) a period of three consecutive calendar months,
in which, for each month included in such period, the rate of railroad
unemployment (seasonally adjusted) was less than the lowest applicable
unemployment rate specified for the national 'off' indicator in section
203(d) of Public Law 91 - 373, as amended.
"(3) For purposes of subdivision (2) of this subsection, the term
'rate of railroad unemployment' for a month means the percentage arrived
at by dividing (A) the average weekly number of individuals who filed
bona fide claims for benefits for days of unemployment in such month,
excluding from such number those individuals whose unemployment was due
to a stoppage of work because of a strike, lockout, or other labor
dispute, by (B) the average midmonth count of employees of class I
railroads and class I switching and terminal companies, as reported to
the Interstate Commerce Commission, adjusted, as determined by the
Board, to include all employees covered by this Act for the twelve
months ending with the second calendar quarter preceding such month.
"(4) Determinations under this subsection shall be made by the Board
in accordance with regulations prescribed by it. When a determination
has been made that a 'period of high unemployment' is beginning or
ending, the Borad shall cause notice of such determination to be
published in the Federal Register. The Board shall also cause to be
published in the Federal Register the formula which it uses to adjust
the mid-month count of employees of class I railroads and class I
switching and terminal companies to include all employees covered by
this Act, and the formula it uses to make seasonal adjustments in the
rate of railroad unemployment.".
(f) Section 3 of such Act //45 USC 353.// is amended by striking out
"seven" and inserting in lieu thereof "five".
(g) Section 8(a) of such Act //45 USC 358.// is amended by striking
out the last five lines in the table contained therein and inserting in
lieu thereof the following:
"$300,000,000 or more-----------------------------0.5
$200,000,000 or more but less than $300,000,000---4.0
$100,000,000 or more but less than $200,000,000---5.5
$50,000,000 or more but less than $100,000,000----7.0
Less than $50,000,000----------------------------8.0".
(h) Section 8(b) of such Act is amended by striking out the first
sentence thereof and inserting in lieu thereof the following: " Each
employee representative shall pay a contribution with respect to so much
of the compensation paid to him for services performed as an employee
representative during any month after December 1975 as is not, for any
such calendar month, in excess of $400, at the rate applicable to
employers in accordance with subsection (a) of this section.".
(i) Section 10(a) of such Act //45 USC 360.// is amended--,
(1) by striking out "0.25" from cklause (i) and inserting in
lieu thereof "0.5"; and
(2) by striking out "and pursuant to subsection (h) of this
section" from clause (ii).
(j) Section 11(a) of such Act //45 USC 361.// is amended by striking
out "0.25" from clause (i) and inserting in lieu thereof "0.5".
Sec. 2. (a) The amendment made by section 1(a) of this Act shall be
effective with respect to days of sickness in registration periods
beginning after June 30, 1975. //45 USC 351 note.//
(b) The amendment with respect to wualifying conditions made by
section 1(f) shall be effective for services rendered after December 31,
1973.
(c) The amendments made by sections 1(b), 1(c), and 1(d) (1) of this
Act shall be effective with respect to days of unemployment and days of
sickness in registration periods beginning after June 30, 1975:
Provided, however, That the amount of benefits paid for days of
unemployment or days of sickness in a registration period beginning
after June 30, 1975, and prior to the date of enactment of this Act
shall, if paid to an employee who is covered by a nongovernmental plan
for unemployment or sickness insurance and who has been paid benefits
under such plan for one or more days within the registration period, be
reduced by the amount, if any, by which the benefits paid to him under
the nongovernmental plan would have been reduced if this Act had been
enacted prior to July 1, 1975, so that the employee will receive the
full amount of the combined benefits that he would have received under
the Railroad Unemployment insurance Act //45 USC 367.// and the
nongovernmental plan if the benefit increases provided by this Act had
been enacted prior to said date. The amount of each such reduction in
the benefits paid under the amendment made by section 1(c) (2) of this
Act shall be paid over by the Board to the insurer of the
nongovernmental plan or to the employer if a self-insurer. Reductions
in benefits and payments to insurers and employers hereunder shall be
made on claims filed with the Board by such insurers and employers
within thirty days after the date of enactment of this Act.
(d) The amendments made by sections 1(d) (2) and 1(e) of this Act
shall be effective with respect to days of unemployment in registration
periods beginning after June 30, 1975.
(e) The amendments made by sections 1(g), 1(h), 1(i) (1), and 1(j) of
this Act shall be effective with respect to compensation paid for
services rendered after December 31, 1975.
(f) The amendment made by section 1(i) (2) of this Act shall be
effective on the date of enactment of this Act.
Sec. 201. (a) Section 15(a) of the Railroad Retirement Act of 1974 is
amended by striking out "authorized to be" in the second sentence
thereof.
(b) Section 15(b) os such Act //45 USC 231n.// is amended by striking
out "authorized to be" the first time it appears therein.
(c) Section 15(c) of such Act is amended by striking out "authorized
to be" the second sentence thereof and by adding immediately after "
June 30, 1975," the words "out of any moneys in the Treasury not
otherwise appropriated,".
(d) Section 15 of such Act //45 USC 231n.// is further amended by
inserting at the end thereof the following new subsection:
"(h) There are hereby authorized to be appropriated from time to time
such sums as may be necessary to provide for the expenses of the Board
in administering the provisions of this Act."
(e) The amendments made by this section shall be effective January 1,
1975.
Sec. 202. (a) Section 204 of the Act entitled " An Act to amend the
Railroad Retirement Act of 1937 to revise the retirement system for
employees of employers covered thereunder, and for other purposes",
approved October 16, 1974 (88 Stat. 1352), //45 USC 231 note.// is
amended by adding at the end thereof the following new subsection:
"(c) An individual who was awarded an annuity under section 2(a) of
the Railroad Retirement Act of 1937 //45 USC 228b.// shall not be
entitled to an annuity amount computed under the provisions of section
3(c) of the Railroad Retirement Act of 1974: //45 USC 231b.// Provided,
however, That the provisions of this subsection shall not be applicable
(i) to an individual who will have rendered at least twelve months of
service as an employee to an employer (as defined in the Railroad
Retirement Act of 1974) after December 31, 1974.".
(b) The amendment made by this section shall be effective January 1,
1975.
Sec. 203. (a) Section 1402(b) of the Internal Revenue Code of 1954
//26 USC 1402.// is amended by striking out "but solely with respect to
the tax imposed by section 1401(b)," from item (B) of the secon sentence
thereof.
(b) Section 3231(e) of the Internal Revfenue Code of 1954 //26 USC
3231.// is amended by striking out "$3" from the fifth sentence of
paragraph (1) and inserting in lieu thereof "$25".
(c) The amendments made by this section shall be effective January 1,
1975, and shall apply only with respect to compensation paid for
services rendered on or after that date. //26 USC 1402 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 384 (Comm. on Interstate and Foreign Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 24, considered and passed House.
July 29, considered and passed Senate, amended.
July 30, House concurred in Senate amendment,
Public Law 94-91, 89 Stat. 441, Treasury, Postal Service and General
Government Appropriations Act, 1976.
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 Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending June 30, 1976, and the period
ending September 30, 1976, and for other purposes, namely:
For necessary expenses in the Office of the Secretary, including the
operation and maintenance of the Treasury building and Annex thereof;
hire of passenger motor vehicles; and not to exceed $10,000 for
official reception and representation expenses; $27,500,000, of which
not to exceed $100,000 shall be available for unforeseen emergencies of
a confidential character, to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on his certificate, and of which $3,482,000 shall be for repairs
and improvements to Treasury buildings and shall remain available until
expended.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $6,875,000.
For necessary expenses in the Office of Revenue Sharing, including
the hire of passenger motor vehicles, $2,490,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $622,500.
For necessary expenses of the Federal Law Enforcement Training
Center, including necessary relocation costs, purchase and hire of
vehicles, and services as authorized by 5 U.S.C. 3109; $12,000,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $3,500,000.
For necessary expenses of the Bureau of Government Financial
Operations, $120,000,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $30,000,000.
For payment of Government losses in shipment, in accordance with
section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $700,000, to
remain available until expended.
For " Payment of Government losses in shipment," for the period July
1, 1976, through September 30, 1976, $175,000.
For payments to Eisenhower College as provided by Public Law 93 -
441, $1,000,000. //31 USC 391 note.//
For payments to the Hoover Institution on War, Revolution, and Peace
as provided by Public Law 93 - 585, //88 Stat. 1918// $7,000,000, to
remain available Until January 2, 1980.
For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms
including purchase of (not to exceed two hundred and forty for
replacement only, for police-type use), and hire of passenger motor
vehicles; hire of aircraft; and services of expert witnesses at such
rates as may be determined by the Director; $101,339,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $25,334,000.
For necessary expenses of the United States Customs Service,
including purchase of three hundred and twenty-nine passenger motor
vehicles (for replacement only), including three hundred and nineteen
for police-type use; acquisition (purchase of four), operation, and
maintenance of aircraft; hire of passenger motor vehicles and aircraft;
and awards of compensation to informers as authorized by the Act of
August 13, 1954 (22 U.S.C. 401); $310,000,000, of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations.
For " Salaries and expenses," for the period July 1, 1976, through
September 30, 1976, $77,500,000.
For necessary expenses of the Bureau of the Mint, including purchase
of one passenger motor vehicle for replacement only; and not to exceed
$2,500 for the expenses of the annual assay commission; $41,230,000.
For "salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $10,307,500.
For expenses necessary for construction of Mint facilities,
$3,350,000, to remain available until expended.
For necessary expenses connected with any public-debt issues of the
United States, $98,000,000.
For " Administering the public debt" for the period July 1, 1976,
through September 30, 1976, $24,500,000.
For necessary expenses of the Internal Revenue Service, not otherwise
provided for, including executive direction, administrative support, and
internal audit and security; hire of passenger motor vehicles; and
services of expert witnesses at such rates as may be determined by the
Commissioner; $44,500,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $11,125,000.
For necessary expenses of the Internal Revenue Service for processing
tax returns, revenue accounting, providing assistance to taxpayers,
securing unfiled tax returns, and collecting unpaid taxes; hire of
passenger motor vehicles; and services of expert witnesses at such
rates as may be determined by the Commissioner; including not to exceed
$10,000,000 for employees on temporary appointments and not to exceed
$183,000 for salaries of personnel engaged in preemployment training of
data transcriber applicants; $771,500,000.
For " Accounts, collection and taxpayer service" for the period July
1, 1976, through September 30, 1976, $192,875,000.
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities, and for investigation and
enforcement activities, including purchase (not to exceed three hundred
and twenty-six of which one hundred and ninety-eight shall be for
replacement only, for police-type use) and hire of passenger motor
vehicles; and services of expert witnesses at such rates as may be
determined by the Commissioner; $830,000,000.
For " Compliance" for the period July 1, 1976, through September 30,
1976, $207,500,000.
For necessary expenses for the operation of the United States Secret
Service, including purchase (not to exceed seventy-seven for police-type
use for replacement only) and hire of passenger amotor vehicles; hire
of aircraft; training and assistance requested by State and local
governments which may be provided without reimbursement; rental of
buildings in the District of Columbia, and fencing, lighting, guard
booths, and other facilities on private or other property not in
Government ownership or control as may be necessary to perform
protective functions; $95,250,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $28,360,000.
SEC. 101. Appropriations in this Act to the Treasury Department shall
be available for uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901 - 2) including maintenance, repairs, and cleaning;
purchase of insurance for official motor vehicles operated in foreign
countries; entering into contracts with the Department of State for the
furnishing of health and medical services to employees and their
dependents sedrving in foreign countries; and services as authorized by
5 U.S.C. 3109.
SEC. 102. MOTOR vehicles for police-type use by the Treasury
Department may be purchased without regard to the general purchase price
limitation for the current fiscal year.
This title may be cited as the " Treasury Department Appropriations
Act, 1976".
For payment to the Postal SERVICE Fund for public service costs and
for revenue foregone on free and reduced rate mail, pursuant to 39 U.S.
C. 2401 (b) and (c), and for meeting the liabilities of the former Post
Office Department to the Employees' Compensation Fund and to postal
employees for earned and unused annual leave as of June 30, 1971,
pursuant to 39 U.S.C. 2004, $1,582,185,000.
For "payment to the Postal Service fund" for the period July 1, 1976,
through September 30, 1976, $416,481,000.
There shall be appropriated to the United States Postal Service,
$5,000,000, for the establishment and operation of a Revolving Fund
pursuant to section 2602(c) of title 39, United States Code.
This title may be cited as the " Postal Service Appropriation Act,
1976".
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000.
For " Compensation of the President" for the period July 1, 1976,
through September 30, 1976, $62,500.
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $1,600,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $400,000.
For necessary expenses of the Council on International Economic
Policy, including hire of passenger motor vehicle, $1,650,000 of which,
an amount not to exceed $1,000 may be expended for official
entertainment.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $412,000 of which, an amount not to exceed $250 may
be expended for official entertainment.
For expenses, including compensation for the Deputy Director at a
rate not to exceed the rate for level V of the Executive Schedule, //5
USC 5316.// necessary for the Council on Wage and Price Stablity as
authorized by the Council on Wage and Price Stability Act of 1974
(Public Law 93 - 387) $1,550,000. //12 USC 1904 note.//
For necessary expenses of the Domestic Council, including services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the pe R diem equivalent of the rte for grade GS-18; and other personal
services without regard to the provisions of law regulating the
employment and compensation of persons in the Government service;
$1,310,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $327,000.
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, and to
pay administrative expenses (including personnel, in his discretion and
without regard to any provision of law regulating employment and pay of
persons of the government service or regulation expenditures of
government funds) incurred with respect thereto, $1,000,000.
For " Unanticipated needs" for the period July 1, 1976, through
September 30, 1976, $250,000.
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures,p of the Executive Residence%, to be expended as the President
may determine, notwithstanding the provisions of this or any other Act,
and official entertainment expenses of the President to be accounted for
solely on his certificate, $1,826,000.
For " Operating expenses" for the period July 1, 1976, through
September 30, 1976, $457,000.
For the care, maintenance, repair and alteration, furnishing,
improvement, heating and lighting, including electric power and
fixtures, of the official residence of the Vice President, $274,000;
Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
For " Operating expenses" for the period July 1, 1976, through
September 30, 1976, $26,000.
For necessary expenses of the National Commission on Productivity and
Work Quality, including services as authorized by 5 U.S.C. 3109, and
hire of passenger motor vehicles, $2,000,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $500,000.
For expenses necessary for the National Security Council, including
services as authorized by 5 U.S.C. 3109, $2,980,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $650,000.
For expenses necessary for the Office of Management and Budget,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, $23,750,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $5,937,500.
For expenses of the Office of Federal Procurement Policy, including
services as authorized by 5 U.S.C. 3109, $730,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $182,500.
For expenses necessary for the conduct of telecommunications
functions assigned to the Director of the Office of Telecommunications
Policy, including hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, $8,500,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $2,100,000.
For expenses necessary to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem equivalent of the rate for grade
GS-18, compensation for one position at a rate not to exceed the rate of
level II of the Executive schedule, //5 USC 5313.// and other personal
services without regard to the provisions of law regulating the
employment and compensation of persons in the Government service,
including hire of passenger motor vehicles, $978,000.
For " Special assistance to the President" for the period July 1,
1976, through September 30, 1976, $244,000.
For expenses necessary for the White House Office as authorized by
law, including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109, at such per diem rates for individuals as the President may
specify, and other personal services without regard to the provisions of
law regulating the employment and compensation of persons in the
Government service; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be accounted for solely on the certificate of the President); and
not to exceed $10,000 for official entertainment expenses to be
available for allocation within the Executive Office of the President;
$16,763,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $4,191,000.
This title may be cited as the " Executive Office Appropriations Act,
1976".
For necessary expenses of the Administrative Conference of the United
States, established by the Administrative Conference Act, as amended (5
U.S.C. 571 et seq.), $785,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $196,000.
For expenses necessary to carry out the provisions of the Act of
September 24, 1959 (73 Stat. 703 - 706), //42 USC 4271.// $1,200,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $300,000.
For necessary expenses of the Advisory Committee on Federal Pay,
established by 5 U.S.C. 5306, $135,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $34,000.
For necessary expenses, including services as authorized by 5 U.S.C.
3109; medical examinations performed for veterans by private physicians
on a fee basis; rental of conference rooms in the District of Columbia;
hire of passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; and advances or reimbursements
to applicable funds of the Commission and the Federal Bureau of
Investigation for expenses incurred under Executive Order 10422 of
January 9, 1953, as amended; //22 USC 287 note.// $94,700,000 together
with not to exceed $20,843,000 for current fiscal year administrative
expenses for the retirement and insurance programs to be transferred
from the appropriate trust funds of the Commission in amounts determined
by the Commission without regard to other statutes: Provided, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds for administrative expenses of effecting
statutory annuity adjustments. No part of the appropriation herein made
to the Civil Service Commission shall be available for the salaries and
expenses of the Legal Examining Unit of the Commission, established
pursuant to Executive Order 9358 of July 1, 1943, or any successor unit
of like purpose. //3 CFR 1943 - 1948 Comp., p. 256.//
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $23,675,000, including an amount not to exceed $700
for official reception and representation expenses, together with not to
exceed $5,248,000 for administrative expenses for the retirement and
insurance programs to be transferred from the appropriate trust funds of
the Commission in amounts determined by the Commission without regard to
other statutes.
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
//5 USC 8901 et seq.// and the Retired Federal Employees Health Benefits
Act, (74 Stat. 849), as amended, $338,650,000.
For " Government payment for annuitants, employees health benefits"
for the period July 1, 1976, through September 30, 1976, $94,437,000.
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special acts, to be credited to
the Civil Service retirement and disability funds, $1,280,970,000:
Provided, That annuities authorized by the Act of May 29, 1944, as
amended (2 C.Z.C. 181) //33 USC 776.// and the Act of August 19, 1950,
as amended (33 U.S.C. 771 - 775) may hereafter be paid out of the Civil
Service retirement and disability fund.
For " Payment to civil service retirement and disability fund" for
annuities under special acts for the period July 1, 1976, through
September 30, 1976, $245,000.
For expenses necessary to carry out functions of the Civil Service
Commission under Executive ORDER NO. 11491 of October 29, 1969, //5 USC
7301 note.// as amended, $1,150,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses per diem
in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government Service, and Compensation as
authorized by 5 U.S.C. 3109.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $278,000.
For grants to improve State and local personnel administration, as
authorized by the Intergovernmental Personnel Act of 1970, //42 USC 4701
note.// $15,000,000, to remain available until expended.
For " Intergovernmental personnel assistance" for the period July 1,
1976, through September 30, 1976, $4,000,000, to remain available until
expended.
For expenses necessary to carry out the provisions of the Act of
December 27, 1974, Public Law 93 - 556, //44 USC 3501 note.// $100,000.
For expenses necessary to carry out functions of the Commission on
the Review of the National Policy Toward Gambling, established by
section 804 of the Organized Crime Control Act of 1970 (P.L. 91 - 452;
84 Stat. 938), //18 USC 1955 note.// $745,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $186,000.
For expenses necessary for the Committee for Purchase from the Blind
and Other Severely Handicapped, established by the Act of June 23, 1971,
Public Law 92 - 28, //41 USC 46.// including hire of passenger motor
vehicles, $255,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $64,000.
For expenses necessary to carry out the provisions of the Federal
Election Campaign Act Amendments of 1974 //2 USC 431 note.// $5,000,000.
For "salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,250,000.
Not to exceed $6,000,000 of any proceeds received by the General
Services Administration during the current fiscal year from transfers of
excess property and the disposal of surplus real and related personal
property shall be deposited to this appropriation, and shall be
available for necessary expenses incurred in the Federal Buildings Fund
in carrying out surplus property functions, pursuant to the Land and
Water Conservation Act of 1965, as amended (16 U.S.C. 460 1 - 5).
For " Disposal of surplus real and related personal property,
operating expenses" for the period July 1, 1976, through September 30,
1976, $1,450,000.
The revenues and collections depositied into a fund pursuant to
Section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490(.f)), shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
Government agencies (including space adjustments) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings and moving; repair and
alteration of federally owned buildings, including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolitition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
conversion and extension of federally owned buildings: preliminary
planning and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings); and payment
of principal, interest, taxes, and any other obligations for public
buildings acquired by purchase contract; in the aggregate amount of
$1,131,554,000 of which (1) not to exceed $63,786,000 shall remain
available by project until expended (except as provided herein) for
construction of buildings previously specified in annual appropriation
acts and additional construction projects as authorized by law at
locations and at maximum construction improvement costs (including funds
for sites and expenses) as follows:
New Construction:
Alaska: Haines, Border Station, $2,723,000
Florida: Maimi, Courthouse and Federal Office Building,
$14,702,000 Miami, Motor Pool and Vehicle Maintenance Facility,
$2,153,000
Oklahoma: Oklahoma City Federal Office Building (Tunnel),
$1,200,000
Conversions:
Louisiana: New Orleans, Customhouse, $6,732,000
Acquisition of excess properties for real property activities:
$2,700,000:
Provided, That the immediately foregoing limits of costs may be exceeded
to the extent that savings are effected in other such projects, but by
not to exceed 10 per centum: Provided further, That all amounts
remaining unobligated on September 30, 1976, in connection with projects
specified in Public Law 93 - 381, //88 Stat. 613.// under the heading "
Federal Buildings Fund, Limitations on Availability of Revenue",
subsection 7(a), are hereby rescinded and shall be deposited in
miscellaneous receipts of the Treasury of the United States; (2) not to
exceed $110,768,000, of which not to exceed $40,000,000 shall remain
available until expended for alterations and major repairs; (3) not to
exceed $60,000,000 for payment on purchase contracts entered into prior
to July 1, 1975; (4) not to exceed $443,500,000 for rental of space;
(5) not to exceed $390,000,000 for real property operations; and (6)
not to exceed $63,500,000 for program direction and centralized
services: Provided further, That for the purposes of this
authorization, buildings constructed pursuant to the Public Buildings
Purchase Contract Act of 1954 (40 U.S.C. 356), the Public Buildings
Amendments of 1972 (40 U.S.C. 490) and buildings under the control of
another department or agency where alterations of such buildings are
required in connection with the moving of such other department or
agency from buildings then, or thereafter to be, under the control of
General Services Administration shall be considered to be federally
owned buildings: Provided further, That amounts necessary to provide
reimbyrsable special services to other agencies under Section 210(f) (6)
of the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 490 (f) (6)) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, as amended, shall be
available from such revenues and collections: Provided further, That
any revenues and collections and any other sums accruing to this Fund,
during fiscal year 1976, excluding reimbursements under section 210 (f)
(6) of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 490 (f) (6)), in excess of $1,059,300,000 shall be deposited in
miscellaneous receipts of the Treasury of the United States.
From revenues and collections available during the period July 1,
1976, through September 30, 1976, an aggregate amount of $278,950,000,
of which (1) not to exceed $27,700,000 shall remain available until
expended for alterations and major repairs; (2) not to exceed
$27,000,000 for purchase contract payments; (3) not to exceed
$110,875,000 for rental of space; (4) not to exceed $97,500,000 for
real property operations; (5) not to exceed $15,875,000 for program
direction and centralized services: Provided further, That any revenues
and collections and any other sums accruing to this fund in the current
period excluding reimbursements under section 210 (f) (6) of the Federal
Property and Administrative Services Act of 1949 (40 U. S.C. 490 (f)
(6)), in excess of $278,950,000 shall be deposited in miscellaneous
receipts of the Treasury of the United States: Provided further, //40
USC 490a.// That money s now or hereafter deposited into the fund
established by section 210(f) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 490(f)), and available
pursuant to annual appropriation Acts, may be transferred and
consolidated on the books of the Treasury Department into a special
acount pursuant to section 9 of the Act of June 14, 1946, 60 Stat. 259
(40 U.S.C. 296), in accordance with and the purposes specified in such
section.
For expenses, not otherwise provided, necessary for supply
distribution (including contractual services incident to receiving,
handling and shipping supply items), procurement, inspection,
standardization, and supply management activities as authorized by law,
transportation, public utilities, the utilization of excess property,
the disposal of surplus property, the rehabilitation of personal
property, the national stock pile established by the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98 - 98h), the
supplemental stockpile established by section 104(b) of the Agricultural
Trade Developmental and Assistance Act of 1954 (68 Stat. 4568 as
amended by 73 Stat. 607), //7 USC 1704.// and the inventory maintained
under the Defense Production Act of 1950, as amended (50 U. S.C. 2061 -
2166), including services as authorized by 5 U.S.C. 3109, $159,000,000:
Provided, That during the current fiscal year the General Services
Administration is authorized to acquire leasehold interests in property,
for periods not in excess of twenty years, for the storage, security,
and maintenance of strategic, critical, and other materials in the
national and supplemental stockpiles, provided said leasehold interests
are at nominal cost to the Government: Provided further, That during
the current fiscal year there shall be no limitation on the value of
surplus strategic and critical materials which, in accordance with
section 6 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98e), may be transferred without reimbursement to the national
stockpile: Provided further, That during the current fiscal year
materials in the inventory maintained under the Defense Production Act
of 1950, as amended (50 U.S.C. App. 2061 - 2166), and excess, materials
in the national stockpile and supplemental stockpile, the disposition of
which is authorized by law, shall be available, without reimbursement,
for transfer at fair market value to contractors as payment for expenses
(including transportation and other accessorial expenses) of acquisition
of materials, or of refining, processing, or otherwise beneficiating
materials, or of rotating materials, pursuant to section 3 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), and
of processing and refining materials pursuant to section 303(d) of the
Defense Production Act of 1950, as amended (50 U.S.C.App. 2093(d)).
For " Operating expenses" for the period July 1, 1976, through
September 30, 1976, $39,750,000.
For necessary expenses for the " General Supply Fund", $40,000,000.
For necessary expenses in connection with Federal records management
and related activities, as provided by law, including reimbursement for
security guard services, contractual services incident to movement or
disposal of records, and acceptance and utilization of voluntary and
uncompensated services, $60,200,000, of which $2,000,000 for allocations
and grants for historical publications as authorized by 44 U.S.C. 2504,
as amended, and $200,000 for preparation of any necessary environmental
impact statement for purposes of 44 U.S.C. 2108, shall remain available
until expended.
For " Operating expenses" for the period July 1, 1976, through
September 30, 1976, $15,050,000: Provided, That not to exceed $500,000
shall be available until expended for allocations and grants from
historical publications as authorized by 44 U.S.C. 2504, as amended.
For expenses necessary for the review and declassification of
documents, and related records management activities, pursuant to
Executive Order 11652, //50 USC 401 note.// directives issued pursuant
thereto, and other applicable authorities, including expenses not
otherwise provided for, and acceptance and utilization of voluntary and
uncompensated services, $1,350,000.
For " Records declassification" for the period July 1, 1976, through
September 30, 1976, $337,000.
For expenses, not otherwise provided, necessary for carrying out
Government-wide responsibilities relating to automated data management,
telecommunications and related activities, as authorized by law,
including services as authorized by 5 U.S.C. 3109, $7,250,000.
For " Operating expenses" for the period July 1, 1976, through
September 30, 1976, $1,812,000.
For expenses necessary for emergency preparedness functions,
including activities authorized by 50 U.S.C. 404 (b) (3), app. 2251 -
2297, and the disposal of excess materials in the national stockpile
established by the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98 - 98h), the supplemental stockpile established by section
104(b) of the Agricultural Trade Development and Assistance Act of 1954
(68 Stat. 456, as amended by 73 Stat. 607, //7 USC 1704.// and the
inventory maintained under the Defense Production Act of 1950, as
amended (50 U.S.C. 2061 - 21ll), including services as authorized by 5
U.S.C. 3109 and expenses of attendance of cooperating officials and
individuals at meetings concerned with the work of emergency planning,
and the provision of transportation in connection with the continuity of
Government program, to the same extent and in the same manner as
permitted the Secretary of a military department under 10 U.S.C. 2632,
$15,500,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $3,875,000.
For expenses of general management and agency operations of
activities under the control of the General Services Administration,
$12,000,000: Provided, That not to exceed $2,500 shall be available for
reception and representation expenses.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $3,000,000.
For expenses, not otherwise provided, necessary for Government-wide
policy functions in the areas of financial management, procurement
management, property management, automatic data processing management,
and management systems development, pursuant to Executive Order 11717,
//31 USC 16 note.// dated May 9, 1973, $1,100,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $275,000.
For expenses necessary to provide accounting records management, and
other support incident to adjudication of Indian Tribal claims by the
Indian Claims Commission, $2,600,000. For " Indian trust accounting"
for the period July 1, 1976, through September 30, 1976, $650,000.
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), $275,000: Provided, That the Administrator
of General Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of sections (a) and
(c) of such Act.
For " Allowances and office staff for former Presidents" for the
period July 1, 1976, through September 30, 1976, $68,500.
For administrative expenses necessary in providing general
administrative and staff support services within the General Services
Administration, not otherwise provided for, $50,300,000: Provided, That
this appropriation shall be available, subject to reimbursement by the
applicable agency, for services performed for other agencies pursuant to
section 601 of the Economy Act of 1932, as amended (31 U.S. C. 686).
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $12,575,000.
Sec. 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with (1) cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129); and (2) appropriations or funds
available to other agencies, and transferred to the General Services
Administration, in connection with property transferred to the General
Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C.
451ff), and such appropriations or funds may be so transferred, with the
approval of the Office of Management and Budget.
Sec. 2. Funds available to the General Services Administration shall
be available for the hire of passenger motor vehicles.
Sec. 3. none of the funds available under this Act or under section
111 of the Federal Property and Administrative Services Act of 1949 //40
USC 759.// shall be obligated or expended for the procurement by
purchase, lease or any other arrangement, in whole or in part, of any or
all the automatic data processing system, data communications network,
or related software and services for the joint General Services
Administration-Department of Agriculture MCS project 97 - 72 contained
in the Request for Proposal CDPA 74 - 14, any successor to such project,
or any other common user shared facilities authorized under section 111
of the Federal Property and Administrative Services Act of 1949.
For payment to the Harry S. Truman Memorial Scholarship Trust Fund,
$10,000,000.
For necessary expenses, including contract reporting, and other
services as authorized by 5 U.S.C. 3109, $6,600,000: Provided, That
travel expenses of the judges shall be paid upon the written certificate
of the judge. //26 USC 7443 note.//
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,650,000.
For expenses, not otherwise provided for, necessary for carrying out
civil defense activities including the hire of motor vehicles; and
financial contributions to the States for civil defense purposes, as
authorized by law; $65,000,000: Provided, That not to exceed
$29,600,000 shall be available for allocation under section 205 of the
Federal Civil Defense Act of 1950, as amended.
For " Operation and maintenance" for the period July 1, 1976, through
September 30, 1976, $14,300,000: Provided, That not to exceed
$7,560,000 shall be available for allocation under section 205 of the
Federal Civil Defense Act of 1950, as amended. //50 USC app. 2286.//
For expenses, not otherwise provided for, necessary for studies and
research to deverlop measures and plans for civil defense; continuing
shelter surveys, marking, and equipping surveyed spaces; and financial
contributions to the States under section 201(i) of the Federal Civil
Defense Act, //50 USC app. 2281.// which shall be equally matched, for
emergency operating centers and civil defense equipment; $20,000,000:
Provided, That appropriations made available for Research, shelter
survey, and marking, prior to fiscal year 1975, shall not be available
for obligation after September 30, 1976.
For " Research, shelter survey, and marking" for the period July 1,
1976, through September 30, 1976, $5,000,000.
Sec. 1. Appropriations contained in this Act for carrying out civil
defense activities shall not be available in excess of the limitations
on appropriations contained in section 408 of the Federal Civil Defense
Act, as amended (50 U.S.C.App. 2260).
Sec. 2. No part of any appropriation in this Act shall be available
for the construction of warehouse or for the lease of warehouse space in
any building which is to be constructed specifically for civil defense
activities.
This title may be cited as the " Independent Agencies Appropriations
Act, 1976".
Sec. 501. Where appropriations in this Act are expendable for travel
expenses of employees and no specific limitation has been placed
thereon, the expenditures for such travel expenses may not exceed the
amount set forth therefor in the budget estimates submitted for the
appropriations: Provided, That this section shall not apply to travel
performed by uncompensated officials of local boards and appeal boards
of the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of the
Veterans Administration; or to payments to interagency motor pools
where separately set forth in the budget schedules.
Sec. 502. No part of any appropriation contained in this Act shall
be available to pay the salary of any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service and has within
ninety days after his release from such service or from hospitalization
continuing after discharge for a period of not more than one year made
application for restoration to his former position and has been
certified by the Civil Service Commission as still qualified to perform
the duties of his former position and has not been restored thereto.
Sec. 503. No part of any appropriation made available in this Act
shall be used for the purchase or sale of real estate or for the purpose
of establishing new offices outside sthe District of Columbia:
Provided, That this limitation shall not apply to programs which have
been approved by the Congress and appropriations made therefor.
Sec. 504. 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. 505. No part of any appropriation contained in this Act shall
be available for the procurement of or for the payment of the salary of
any person engaged in the procurement of any hand or measuring tool(s)
not produced in the United States or its possession except to the extent
that the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quantity of hand or
measuring tools produced in the United States or its possessions cannot
be procured as and when needed from sources in the United States and its
possessions or except in accordance with procedures prescribed by
section 6 - 104.4(b) of Armed Services Procurement Regulation dated
January 1, 1969, as such regulation existed on June 15, 1970. This
section shall be applicable to all solicitations for bids opened after
its enactment.
Sec. 506. 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 210j of the Federal Property and
Administrative Services Act of 1949, as amended, //40 USC 490.// for
space and services.
Sec. 507. None of the funds available under this Act shall be
available for administrative expenses in connection with the execution
of purchase contracts pursuant to section 5 of the Public Buildings
Amendments of 1972 (Public Law 92 - 313) //40 USC 602a.// during the
period beginning July 1, 1975, and ending September 30, 1976.
Sec. 601. Unless otherwise specifically provided the maximum amount
allowable during the current fiscal year in accordance with section 16
of the Act of August 2, 1946 (60 Stat. 810), //31 USC 638a// for the
purchase of any passenger motor vehicle (exclusive of buses and
ambulances), is hereby fixed at $2,700 except station wagons for which
the maximum shall be $3,100: //31 USC 638c note.// Provided, That these
limits may be exceeded by not to exceed $1,700 for police-type vehicles.
Sec. 602. //31 USC 699b.// Unless otherwise specified and during the
current fiscal year, and the period July 1, 1976, through September 30,
1976, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the Unites States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in continental United States unless such person
(1) is a citizen of the Unites States, (2) is a person in the service of
the United States on the date of enactment of this Act, who, being
eligible for citizenship, has filed a declaration of intention to become
a citizen of the United States prior to such date and is actually
residing in the United States, (3) is a person who owes allegiance to
the United States, or (4) is an alien from Cuba, Poland, South Viet Nam,
or the Baltic countries lawfully admitted to the United States for
permanent residence: Provided, That, for the purpose of this section,
an affidavit signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his
status have been compied with: Provided further, That any person making
a false affidavit shall be guilty of a felony, and, upon conviction,
shall be fined bot more than $4,000 or imprisoned for not more than one
year, or both: Provided further, That the above penal-clause shall be
in addition to, and not in substitution for, any other provisions of
existing law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be recoverable
in action by the Federal Government. This section shall not apply to
citizens of the Republic of the Philippines or to nationals of those
countries allied with the Unites States in the current defense effort,
or to temporary employment of translators, or to temporary employment in
the field service (not to exceed sixty days) as a result of emergencies.
Sec. 603. Appropriations of the executive departments and
independent establishments for the current fiscal year, and the period
July 1, 1976, through September 30, 1976, available for expenses of
travel or for the expenses of the activity concerned, are hereby made
available for quarters allowances and cost-of-living allowances, in
accordance with 5 U.S.C. 5922 - 5924.
Sec. 604. No part of any appropriation for the current fiscal year
and the period July 1, 1976, through September 30, 1976, contained in
this or any other Act shall be paid to any person for the filling of any
position for which he or she has been nominated after the Senate has
voted not to approve the nomination of said person
Sec. 605. Funds made available by this or any other Act for
administrativer expenses in the current fiscal year and the period July
1, 1976, through September 30, 1976, of the corporations and agencies
subject to the Government Corporation Control Act, as amended (31 U.S.
C. 841), shall be available, in addition to objects for which such funds
are otherwise available, for rent in the District of Columbia; services
in accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 606. Pursuant to section 1415 of the Act of July 15, 1952 (66
Stat. 662), foreign credits (including currencies) owed to or owned by
the United States may be used by Federal agencies for any purpose for
which appropriations are made for the current fiscal year and the period
July 1, 1976, through September 30, 1976, (including the carrying out of
Acts requiring or authorizing the use of such credits), only when
reimbursement therefor is made to the Treasury from applicable
appropriations of the agency concerned: Provided, That such credits
received as exchange allowances or proceeds of sales of personal
property may be used in whole or part payment for acquisition of similar
items, to the extent and in the manner authorized by law, without
reimbursement to the Treasury.
Sec. 607. (a) No part of any appropriation contained in this or any
other Act, or of the funds available for expenditure by any corporation
or agency, shall be used for publicity or propaganda purposes designed
to support or defeat legislation pending before Congress.
(b) No part of any appropriation contained in this Act shall be
available for the payment of the salary of any officer or employee of
the United States Postal Service, who--,
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any officer or employee of the United States Postal
Service from having any direct oral or written communication or
contact with any Member or committee of Congress in connection
with any matter pertaining to the employment of such officer or
employee or pertaining to the United States Postal Service in any
way, irrespective of whether such communication or contact is at
the initiative of such officer or employee or in response to the
request or inquiry of such Member or committee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment
of, any officer or employee of the United States Postal Service,
or attempts or threatens to commit any of the foregoing actions
with respect to such officer or employee, by reason of any
communication or contact of such officer or employee with any
Member or committee of Congress as described in paragraph (1) of
this subsection.
Sec. 608. No part of any appropriation contained in this or any
other Act, shall be available to finance interdepartmental boards,
commissions, councils, committees, or similar groups under section 214
of the Independent Offices Appropriations Act, 1946 (31 U.S.C. 691)
which do not have prior and specific congressional approval of such
method of financial support.
Sec. 609. Appropriations available to any department or agency
during the current fiscal year and the period July 1, 1976, through
September 30, 1976, for necessary expenses, including maintenance or
operating expenses, shall also be available for payment to the General
Services Administration for charges for space and services and those
expenses of renovation and alteration of buildings and facilities which
constitute public improvements, performed in accordance with the Public
Buildings Act of 1959 (73 Stat. 749), //73 Stat. 479.// the Public
Buildings Amendments of 1972 (86 Stat. 216), //40 USC 601 note.// or
other applicable law.
Sec. 610. Funds made available by this or any other Act to the fund
created by the Public Buildings Amendments of 1972 (86 Stat. 216), and
the " Postal Service fund" (39 U.S.C. 2003), //40 USC 603 note.// shall
be available for employment of guards for all buildings and areas owned
or occupied by the United States or the Postal Service and under the
charge and control of the General Services Administration or the Postal
Service, and such guards shall have, with respect to such property, the
powers of special policement provided by the first section of the Act of
June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted
to certain Federal property as other wise required by the proviso
contained in said section, and, as to property owned or occupied by the
Postal Service, the Postmaster General may take the same actions as the
Administrator of General Services may take under the provisions of
sections 2 and 3 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C.
318a, 318b) attaching thereto penal consequences under the authority and
within the limits provided in section 4 of the Act of June 1, 1948 (62
Stat. 281; 40 U.S.C. 318c).
Sec. 611. None of the funds available under this act shall be
available for administrative expenses in connection with the transfer of
any functions, personnel, facilities, equipment, or funds out of the
United States Customs Service unless such transfers have been
specifically authorized by the Congress.
Sec. 612. None of the funds available under this Act shall be
available for administrative expenses for the prupose of transferring
the border control activities of the United States Customs Service to
any other agency of the Federal Government.
This Act may be cited as the " Treasury, Postal Service, and General
Government Appropriation Act, 1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 350 (Comm. on Appropriations) and 94 - 421
(Comm. of Conference).
SENATE REPORT No. 94 - 294 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 16, 17 considered and passed House.
July 26, considered and passed Senate, amended.
July 30, House and Senate agreed to conference report;
resolved amendments in disagreement.
Public Law 94-90, 89 Stat. 439.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 1306 of
the Federal Aviation Act of 1958 (49 U.S.C. 1536) is amended by adding
at the end thereof the following new subsection:
"(f) Upon the request of the Secretary, the Secretary of the Treasury
may invest all or any part of the revolving fund in interest-bearing
securities of the United States. The interest on, and the proceeds from
the sale or redemption of, any securities held in the revolving fund
shall be credited to and form a part of the revolving fund.".
(b) That portion of the table of contents contained in the first
section of such Act which appears under--,
(1) the center heading
is amended by striking out
" Sec. 1306. Collection and disbursement of funds." and by
inserting in lieu thereof
" Sec. 1306. Collection, disbursement, and investment of
funds."; and
(2) the side heading
" Sec. 1306. Collection, disbursement, and investment of
funds." is amended by adding at the end thereof the following:
(c) The section heading of section 1306 of such Act is amended by
striking out
and inserting in lieu thereof
SEC. 2. Section 1312 of the Federal Aviation Act of 1958 (49 U.S.C.
1542) is amended by striking out " September 7, 1975", and inserting in
lieu thereof " May 7, 1976".
SEC. 3. (a) The President shall conduct a full and complete
investigation and study of the possible expansion of the war risk
insurance authorized by title XIII of the Federal Aviation Act of 1958
(49 U.S.C. 1531 et seq.), and by other provisions of law, to provide
coverage for losses and damage resulting from riots, civil disorder,
hijacking, or other silimar acts. //49 USC 1531 note.//
(b) In carrying out this section, the President shall consult with
the Secretaries of Transportation, Defense, and State, and the heads of
such other departments, agencies, and instrumentalities of the Federal
Government as he determines necessary.
(c) The President shall report to Congress not later than the
ninetieth day after the date of enactment of this section the results of
the investigation and study authorized by this section together with his
recommendations for legislation (if any) which he determines necessary
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 410 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 29, considered and passed House.
July 31, considered and passed Senate.
Public Law 94-89, 89 Stat. 438
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by inserting immediately after item 907.80 the
following new items:
911.00, Zinc-bearing (provided for in item 602.20, part 1,
schedule 6) Free on zinc content, No change, On or before 6/30/
78.
911.01, Zinc dross and zinc skimmings (provided for in item
603.30, part 1, schedule 6), Free, No change, On or before 6/30/
78.
911.02, Zinc-bearing materials (provided for in items 603.49,
603.50, 603.54 and 603.55, part 1 schedule 6), Free on zinc
content, No change, On or before 6/30/78.
911.03, Zinc waste and scrap (provided for in items 626.10,
part 2, schedule 6), Free, No change, On or before 6/30/78.
SEC. 2 Items 911.10, 911.11, and 911.12 of the Appendix to the Tariff
Schedules of the United States (19 U.S.C. 1202) are amended by striking
out "6/30/75" each place it apepars therein and inserting in lieu
thereof "6/30/78".
SEC. 3. (a) The amendment made by the first section of this Act shall
apply with respect to articles entered, or withdrawn from warehouse, for
consumption on or after the date of the enactment of this Act. //19 USC
1202 note.//
(b) The amendments made by section 2 of this Act apply with respect
to articles entered, or withdrawn from warehouse, for consumption on or
after the date of enactment of this Act.
(c) Upon request therefore filed with the customs officer concerned
before the 121st day after the date of enactment of this Act, the entry
or withdrawal of any article classified under the items amended under
section 2 of this Act which was made after June 30, 1975, and before the
date of enactment of this Act, shall, nothwithstanding the provisions of
section 514 of the Tariff Act of 1930 //19 USC 1514.// or any other
provision of law, be liquidated or reliquidated as though such entry or
withdrawal had been made on the date of enactment of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 300 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 279 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed House.
July 17, considered and passed Senate, amended.
Aug. 1, House concurred in Senate amendments.
Public Law 94-88, 89 STAT. 433.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That general headnote
3(a) (i) of the Tariff Schedules of the United States (19 U.S.C. 1202)
is amended by inserting immediately after "50 percent of their total
value" the following: "(or more than 70 percent of their total value
with respect to watches and watch movements)". //19 USC 1202 note.//
SEC. 2. The amendment made by the first section of this Act shall
apply with respect to articles entered, or withdrawn from warehouse, for
consumption on or after the date of enactment of this Act.
SEC. 201. (a) If the Governor of any State, which has an approved
State plan under part A of title IV of the Social Security Act, //42 USC
602 note.// submits to the Secretary of Health, Education, and Welfare
(hereinafter in this section referred to as the " Secretary"), a request
that any provision of section 402 (a)(26) of the Social Security Act
//42 USC 601.// or section 402(a)(27) of such Act //42 USC 602.// not be
made applicable to such State prior to a date specified in the request
(which shall not be later than June 30, 1976) and--,
(1) such request is accompanied by a certification, with
respect to such provision, of the Governor that the State cannot
implement such provision because of the lack of authority to do so
under State law, and
(2) such request fully explains the reasons why such provision
cannot be implemented, and sets forth any provision of State law
which impedes the implementation thereof,
the Secretary shall, if he is satisfied that such a waiver is justified,
grant the waiver so requested.
(b) During any period with respect to which a waiver, obtained under
subsection (a) with respect to section 402(a)(26)(A) of the Social
Security Act, is in effect with respect to any State, the provisions of
section 454 (4) and (5) of such Act //42 USC 654.// shall be applied to
such State in like manner as if the phrase "with respect to whom an
assignment under section 402(a)(26) of this title is effective" did not
appear therein, and the provisions of section 458 of such Act //42 USC
658.// shall be applied to such State in like manner as if the phrase
"support rights assigned under section 402(a)(26)" read "child support
obligations".
(c) Section 455 of the Social Security Act //42 USC 655.// is amended
to read as follows:
" SEC. 455. From the sums appropriated therefor, the Secretary shall
pay to each State for each quarter, beginning with the quarter
commencing July 1, 1975, an amount--,
"(1) equal to 75 percent of the total amounts expended by such
State during such quarter for the operation of the plan approved
under section 454 //42 USC 654.// and
"(2) equal to 50 percent of the total amounts expended by such
State during such quarter for the operation of a plan which meets
the conditions of section 454 except as is provided by a waiver by
the Secretary which is granted pursuant to specific authority set
forth in the law;
except that no amount shall be paid to any State on account of
furnishing child support collection or paternity determination services
(other than the parent locator services) to individuals under section
454(6) during any period beginning after June 30, 1976.".
(d) The Secretary shall from time to time, submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives, full and complete reports (the first of which shall
not be later than September 15, 1975) regarding any requests which he
has received for waivers under subsection (a) and any waivers granted by
him under such subsection, and such reports shall include copies of all
such requests for such waivers and any supportin documents submitted
with or in connection with any such requests. //42 USC 602 note.//
SEC. 202. Section 402(a) of the Social Security Act //42 USC 602.//
is amended--,
(1) by striking out "and" at the end of paragraph (26);
(2) by striking out the period at the end of paragraph (27) and
inserting in lieu thereof ";and"; and
(3) by adding after paragraph (27) the following new paragraph:
"(28) provide that, in determining the amount of aid to which
an eligible family is entitled, any portion of the amounts
collected in any particular month as child support pursuant to a
plan approved under part D, //42 USC 651.// and retained by the
State under section 457, //42 USC 657.// which (under the State
plan approved under this part as in effect both during July 1975
and during that particular month) would not have caused a
reduction in the amount of aid paid to the family if such amounts
had been paid directly to the family, shall be added to the amount
of aid otherwise payable to such family under the State plan
approved under this part.".
SEC. 203. (a) In the case of any State the law of which on August 1,
1975, meets the requirements of section 402(a)(26)(A) of the Social
Security Act, //42 USC 602.// the requirements of such section shall be
effective, with respect to individuals who are recipients on August 1,
1975, at such time as may be determined by the State agency, but not
later than the time of the first redetermination of eligibility required
after August 1, 1975, and in any event not later than February 1, 1976.
//42 USC 602 note.//
(b) In the case of any State described in subsection (a), the
provisions of section 454 (4) and (5) of the Social Security Act, //42
USC 654.// shall, during the period beginning August 1, 1975, and ending
December 31, 1975, be applied, with respect to all recipients of aid
under the State plan of such State (approved under part A of title IV of
such Act) //42 USC 601.// who have not made an assignment pursuant to
section 402(a)(26)(A) of such Act, //42 USC 602.// in the case of such
State in like manner as if the phrase "with respect to whom an
assignment under section 402(a)(26) of this title is effective" did not
appear therein, and the provisions of section 458 of such Act shall,
during such period, be applied in the case of such State in like manner
as if the phrase "support rights assigned under section 402(a)( 26)"
read "child support obligations."
SEC. 204. Section 403(a) of the Social Security Act //42 USC 603.//
is amended by inserting before the period at the end thereof "or section
402(a)(26)".
SEC. 205. (a) Section 455 of the Social Security Act (as added by the
Social Services Amendments of 1974 and amended by section 201(c) of this
Act) is amended by inserting "(a)" immediately after " SEC. 455." and by
adding at the end thereof the following new subsection:
"(b)(1) Prior to the beginning of each quarter, the Secretary shall
estimate the amount to which a State will be entitled under subsection
(a) for such quarter, such estimates to be based on (A) a report filed
by the State containing its estimate of the total sum to be expended in
such quarter in accordance with the provisions of such subsection, and
stating the amount appropriated or made available by the State and its
political subdivisions for such expenditures in such quarter, and if
such amount is less than the State's proportionate share of the total
sum of such estimated expenditures, the source or sources from which the
difference is expected to be derived, and (B) such other investigation
as the Secretary may find necessary.
"(2) The Secretary shall then pay, in such installments as he may
determine, to the State the amount so estimated, reduced or increased to
the extent of any overpayment or underpayment which the Secretary
determines was made under this section to such State for any prior
quarter and with respect to which adjustment has not already been made
under this subsection.
"(3) Upon the making of any estimate by the Secretary under this
subsection, any appropriations available for payments under this section
shall be deemed obligated.".
SEC. 206. Notwithstanding any other provison of law, amounts expended
in good faith by any State (or by any of its political subdivisions)
during July 1975 in employing and comepnsating staff personnel, leasing
office space, purchasing equipment, or carrying out other organizational
or administrative activities, in preparation for or implementation of
the child support program under part D of Title IV of the Social
Security Act, //42 USC 651.// shall be considered for purposes of
section 455 of suc Act (as amended by this Act), //42 USC 655.// to the
that payment for the activities involved would be made under such
section (as so amended) if section 101 of the Social Services Amendments
of 1974 //88 Stat. 2351// had become effective on July 1, 1975, to have
been expended by the State for the operation of the State plan or for
the conduct of activities specified in such section (as so amended).
//42 USC 655 note.//
SEC. 207. Section 402(a)(9) of the Social Security Act, //42 USC
602.// (as amended by the Social Services Amendments of 1974) is amended
to read as follows:
"(9) provide safeguards which restrict the use of disclosure of
information concerning appellicants or recipients to purposes
directly connected with (A) the administration of the plan of the
State approved under this part, the plan or program of the State
under part B, C, or D of this title or under title I, X, XIV, XVI,
XIV, or XX, or the supplemental security income program
established by title XVI, //42 USC 620, 630, 651, 301, 1201, 1351,
1381, 1396, 1397.// (B) any investigation, proseuction, or
criminal or civil proceeding, conducted in connection with the
administration of any such plan or program, and (C) the
administration of any other Federal or federally assisted program
which provides assistance, in cash or in kind, or services,
directly to individuals on the basis of need; and the safeguards
so provided shall prohibit disclosure, to any committee or a
legislative body, of any information which identifies by name or
address any such applicant or recipient;"
SEC. 208. (a) Section 402(a)(26)(B) of the Social Security Act //42
USC 602.// (as added by the Social Services Amendments of 1974) is
amended by insedrting immediately after "such applicant or such child"
the following: ", unless (in either case) such applicant or recipient
is found to have good cause for refusing to cooperate as determined by
the State agency in accordance with standards prescirbed by the
Secretary, which standards shall take into consideration the best
interests of the child on whose behalf aid is claimed;".
(b) Section 454(4)(A) of such Act //42 USC 654.// as so added) is
amended by inserting after "such child," the following: "unless the
agency administering the plan of the State under part A of this title
//42 USC 601.// determines in accordance with the standards prescribed
by the Secretary pursuant to section 402(a)(26)(B) that it is against
the best interests of the child to do so,".
(c) Section 454(4)(B) of such Act (as so added) is amended by
inserting immediately after "other States" the following: "(unless the
agency administering the plan of the State under part A of this title
determines in accordance with the standards prescribed by the Secretary
pursuant to section 402(a)(26)(B) that it is against the best interests
of the child to do so)".
(d)(1) The Secretary of Health, Education, and Welfare shall submit
to the Congress any proposed standards authorized to be prescribed by
him under section 402(a)(26)(b) of the Social Security Act //42 USC
602.// (as added by the Social Services Amendments of 1974 and as
amended by subsection (a) of this section). //42 USC 602 note.// Such
standards shall take effect at the end of the period which ends 60 days
after such proposed standards are so submitted to such committees
unless, within such period, either House of the Congress, adopts a
resolution of disapproval.
(2) For purposes of this subsection, the term "resolution" means
only--,
(A) a concurrent resolution of the two Houses of the Congress,
the matter after the resolving clause of which is as follows: "
That the Congress does not approve the standards (as authorized
under section 402(a)(26)(B) of the Social Security Act) //42 USC
602.// transmitted to the Congress on .", the blank space being
filled with the appropriate date; and
(B) a resolution of either House of the Congress, the matter
after the resolving clause of which is as follows: " That the
does not approve the standards (as authorized under section 402
(a)(26)(B) of the Social Security Act) transmitted to the Congress
on .". with the first blank space being filled with the name of
the resolving House, and the second blank space being filled with
the appropriate date.
(3) The provisions of subsection (b), (c), (d), (e), and (f) of
section 152 of the Trade Act of 1974 //19 USC 2192.// shall be
applicable to resolutions under this subsection, except that the "20
hours" referred to in subsections (d)(2) and (e) (2) of such section
shall be deemed to read "4 hours".
SEC. 209. Section 402(a)(27) //42 USC 602.// is amended by striking
out " States have" and inserting in lieu thereof " State has".
SEC. 210. The amendments made by this title shall, unless otherwise
specified therein, become effective August 1, 1975. //42 USC 602
note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 298 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 273 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975).
JUNE 24, considered and passed House.
AUG. 1, considered and passed Senate, amended; House concurred
in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 33:
Aug. 11, Presidential statement.
Public Law 94-87, 89 Stat. 432, Council on International Economic
Policy, Appropriation Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 208 of the
International Economic Policy Act of 1972 //22 USC 2847.// is amended by
striking out the second sentence of paragraph (b)(1) and inserting in
lieu thereof the following: " The staff of the Council shall be
appointed and compensated without regard to the provisions of law
regulating the employment and compensation of persons in the Government
service: Provided, That, except for the officers provided for in
paragraph (2) and for not to exceed eight persons who may receive
compensation not in excess of the rate now or hereafter provided for
GS-18, no staff personnel shall receive compensation in excess of the
rate now or hereafter provided for GS-15."
SEC. 2 Section 209 of the International Economic Policy Act of 1972,
//22 USC 2848.// as amended, is further amended by striking out " June
30, 1977" and inserting in lieu thereof " September 30, 1977".
SEC. 3. Section 210 of the International Economic Policy Act of 1972,
as amended, //22 USC 2849.// is further amended by striking out said
section and inserting in lieu thereof the following:
" SEC. 210. For the purpose of carrying out the provisions of this
title, there are authorized to be appropriated $1,657,000 for fiscal
year ending June 30, 1976, and $1,670,000 for the fiscal year ending
September 30, 1977.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 219 (Comm. on International Relations).
SENATE REPORT No. 94 - 355 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD Vol. 121 (1975):
July 9, considered and passed House.
July 31, considered and passed Senate.
Public Law 94-86, 89 Stat. 427, National Science Foundation
Authorization Act, 1976.
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 Science Foundation for the
fiscal year ending June 30, 1976, for the following categories:
(1) Scientific Research Project Support, $377,600,000.
(2) National and Special Research Programs, $109,800,000.
(3) National Research Centers, $60,200,000.
(4) Research Applied to National Needs, $70,500,000.
(5) Science Education Innovation, $39,800,000.
(6) Science Education Support, $35,300,000.
(7) Graduate Student Support, $16,400,000.
(8) Science Information Activities, $6,600,000.
(9) International Cooperative Scientific Activities,
$8,000,000.
(10) Intergovermental Science and R. & D. Incentives Program,
$10,000,000.
(11) Science Assessment, Policy, and Advisory Activities,
$11,100,000.
(12) Program Development and Management, $41,700,000.
SEC. 2. (a) Notwithstanding any other provision of this or any other
Act--,
(1) of the total amount authorized under section 1, not less
than $39,800,000 shall be available for the purpose of Science
Education Innovation";
(2) of the total amount authorized under section 1, not less
than $35,300,000 shall be available for the purpose of " Science
Education Support";
(3) of the total amount authorized under section 1, not less
than $16,400,000 shall be available for the purpose of " Graduate
Student Support";
(4) of the total amount authorized under section 1, category
(6), not less than $3,000,000 shall be available for "
Undergraduate Research Participation";
(5) of the total amount authorized under section 1, category
(6), not less than $2,500,000 shall be available for " Secondary
School Student Science Projects";
(6) of the total amount authorized under section 1, category
(6), not less than $2,000,000 shall be available for "science
Faculty Fellowship";
(7) of the total amount authorized under section 1, not less
than $6,600,000 shall be available for "science Information
Activities";
(8) of the total amount authorized under section 1, category
(4), not less than $25,000,000 shall be available for
environmental research, including $5,500,000 for earthquake
engineering;
(9) of the total amount authorized under section 1, category
(4), not less than $23,000,000 shall be available for " Applied
Social Research" and for " Policy-Sciences Research" directed
toward increasing the cost-effectiveness of policies and programs
dealing with urban and human service problems at the Federal,
State, and local government levels. Such funds shall not be
available for use with respect to any program or activity if such
use would result in a substantial duplication of any program or
funds may be used to identify, analyze, and contribute knowledge
to improve productivity in the public sector; identify, analyze,
and evaluate more effective, efficient, and equitable ways to
deliver human services; and develop the data base and analytical
techniques required for improving applied research on municipal
systems and human service delivery;
(10) of the total amount authorized under section 1, category
(4), not less than $1,000,000 shall be available for the purpose
of " Fire Research." The transfer of this program to the Fire
Research Center of the National Bureau of Standards (15 U.S.C.
278 f.) during the fiscal year ending June 30, 1976, is
authorized;
(11) of the total amount authorized under section 1, category
(4), not less than 7.5 per centum of such amount shall be expended
to small business concerns;
(12) of the total amount authorized under section 1, category
(6), not less than $7,000,000 shall be available for " Ethnic
Minorities and Women in Science Program"; and not less than
$1,500,000 thereof shall be available to develop and test methods
of increasing the flow of women into careers in science;
(13) of the total amount authorized under section 1, category
(10), not less than $8,000,000 shall be available for the "
Intergovernmental Science Program";
(14) of the total amount authorized under section 1, category
(11), not less than $1,500,000 shall be available for programs
related to the ethical and human value implications of science and
technology; and
(15) the amount of $5,500,000 for " Institutional Improvement
for Science" which was authorized and appropriated to the National
Science Foundation for the fiscal year ending June 30, 1975, and
which remains unobligated as of the close of the fiscal year
ending June 30, 1975, shall be merged with and added to the amount
authorized under section 1, category (6) (" Science Education
Support"), of this Act.
(b) After the date of encactment of this Act //42 USC 186a.// the
Director of the National Science Foundation, shall require, as a
condition of any award made by the National Science Foundation for the
purpose of precollege science curriculum development activites, that the
awardee, and any subcontractors involved in the distribution, marketing,
or selling of such science curricula, shall include in any testing
agreement, sales contract, or other comparable legal instrument a
provision requiring that all instructional materials, including
teacher's manuals, films, tapes, or other supplementary instructional
materials developed or provided under such award, subcontract, or other
legal instrument, will be made available within the school district
using such materials for inspection by parents or guardians of children
engaged in educational programs or projects of that school district. In
addition, the Director of the National Science Foundation shall take
such action as may be necessary and feasible to modify awards made for
the purpose of precollege science curriculum development and
implementation activities on or before the date of enactment of this Act
to include such a provision in all possible cases.
(c) The National Science Foundation is authorized and directed to
conduct a Research Initiation and Support program, referred to
hereinafter as RIAS. RIAS shall have the purpose of strengthening
programs of training and research for young scientists at the graduate
and postgraduate levels at educational institutions. Awards under this
program may include support for exploratory research by such young
scientists, the acquisition of instruments, equipment, and facilities
for research and training, and other programs and activities aimed at
meeting departmental, interdepartmental, or institutionwide training and
research needs, or a combination thereof. Awards under RIAS shall be
made on a competitive basis and may cover periods not to exceed four
years. Notwithstanding any provisions of this or any other Act, of the
total amount authorized under section 1, category (6), not less than
$5,000,000 shall be available for RAIS.
(d) The National Science Foundation is authorized and directed to
conduct a Comprehensive Assistance to Undergraduate Science Education
program, referred to hereinafter as CAUSE. CAUSE shall have the purpose
of strengthening the science education capabilities of predominantly
undergraduate educationakl institutions and departments or groups of
departments thereof through awards to four-year colleges, to two-year
colleges, to the undergraduate cokmponent of advanced degree
institutions, and to groups of such institutions. Notwithstanding any
provisions of this or any other Act, of the total amount authorized
under section 1, category (6), not less than $15,000,000 shall be
available for CAUSE and not less than $3,500,000 thereof shall be
awarded to two-year institutions. Awards within each category of CAUSE
shall be made ohn a competitive basis.
(e) As used in this Act, " Science Education Innovation" means
projects aimed at the development of new approaches to the teaching of
science to students, teachers, and professionals, including but not
limited to new curricula, new technologies, new methods, and retraining
or other efforts to make the existing scientific manpower pool better
able to fulfill the Nation's manpower needs. As used in this Act, "
Science Education Support" means projects aimed at building a capability
to teach science, including but not limited to awards for equipment,
conferences, and institutional development.
SEC. 3. The Director of the National Science Foundation is authorized
and directed to prepare a comprehensive plan for the establishment and
conduct of a " Science for Citizens Program". //42 USC 1864 note.//
Such program shall be designed--,
(1) to improve public understanding of public policy issues
involving science and technology;
(2) to facilitate the participation of experienced scientists
and engineers as well as graduate and undergraduate students in
public activities, including community and citizen group
activities, aimed at the resolution of public policy issues having
significant scientific and technical aspects;
(3) to enable nonprofit citizens public interest groups to
acquire necessary technical expertise to assist them in dealing
with the scientific and technical aspects of public policy issues;
and
(4) to provide grants and contracts to academic and other
nonprofit organizations for the conduct of applied research
designed to improve the effectiveness of the programs conducted
under paragraphs (1), (2), and (3) of this section.
The comprehensive plan provided for in this section shall be submitted
to the committee on Science and Technology of the House of
Representatives and the Committee on Labor and Public Welfare of the
Senate within six months from the date of enactment of this Act.
Sec. 4. The Director of the National Science Foundation is authorized
and directed to prepare a comprehensive plan to facilitate the
participation of members of the public in the formulation, development,
and conduct of the National Science Foundation's programs, policies, and
priorities and to submit the resulting recommendations, plans, and other
findings to the Committee on Science and Technology of the House of
Representatives and the Committee on Labor and Public Welfare of the
Senate within one hundred and twenty days from the date of enactment of
this Act. //42 USC 1864 note.//
SEC. 5. In the conduct of the energy research and development
activities under the " Research Applied to National Needs" category, the
National Science Foundation shall coordinate all new project awards with
the Administrator of the Energy Research and Development Administration
or his designee. //42 USC 5820 note.//
SEC. 6. (a) The National Science Foundation is authorized to
establish the Alan T. Waterman Award for research or advanced study in
the mathematical, physical, medical, biological, engineering, social, or
other sciences. The award authorized by this section //42 USC 1881a.//
shall consist of a suitable medal and a grant not to exceed $50,000 per
year for a period not to exceed three years to support further research
or study by the recipient.
(b) Awards under this section shall be made to recognize and
encourage the work of younger scientists whose capabilities and
accomplishments show exceptional promise of significant future
achievement.
(c) No more than one award shall be made under this section in any
one fiscal year.
SEC. 7. Appropriations made pursuant to this Act may be used, but not
to exceed $5,000, for official consultation, representation, or other
extraordinary expenses upon the approval or authority of the Director of
the National Science Foundation, and his determination shall be final
and conclusive upon the accounting officers of the Government.
SEC. 8. In addition to such sums as are authorized by section 1, not
to exceed $4,000,000 is authorized to be appropriated for the fiscal
year ending June 30, 1976, for expenses of the National Science
Foundation incurred outside the United States to be paid for in foreign
currencies which the Treasury Department determines to be excess to the
normal requirements of the United States.
SEC. 9. Appropriations made pursuant to authority provided in
sections 1 and 8 shall remain available for obligation, for expenditure,
or for obligation and expenditure, for such period or periods as may be
specified in the Acts making such appropriations.
SEC. 10. No funds may be transferred from any particular category
listed in section 1 to any other category or categories listed in such
section if the total of the funds so transferred from that particular
category would exceed 10 per centum thereof, and no funds may be
transferred to any particular category listed in section 1 from any
other category or categories listed in such section if the total of the
funds so transferred to that particular category would exceed 10 per
centum thereof, unless--,
(A) a period of thirty legislative days has passed after the
Director of the National Science Foundation 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
Labor and Public Welfare of the Senate a written report containing
a full and complete statement concerning the nature of the
transfer and the reason therefor, or
(B) each such committee before the expiration of such period
has transmitted to the Director written notice to the effect that
such committee has no objection to the proposed action.
SEC. 11. Notwithstanding any other provision of this or any other
Act, //42 USC 1882.// the Director of the National Science Foundation
shall keep the Committee on Science and Technology of the House of
Representatives and the Committee on Labor and Public Welfare of the
Senate fully and currently informed with respect to all of the
activities of the National Science Foundation.
SEC. 12. This Act may be cited as the " National Science Foundation
Authorization Act, 1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: Nos. 94 - 66 and 94 - 99 (Comm. on Science and
Technology) and No. 94 - 422 (Comm. of Conference).
SENATE REPORTS: No. 94 - 112 accompanying S. 1539 (Comm. on Labor
and Public Welfare) and No. 94 - 339 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 9, considered and passed House.
May 13, considered and passed Senate, amended, in lieu of S.
1539.
June 17, considered in House.
July 30, Senate agreed to conference report.
Aug. 1, House agreed to conference report.
Public Law 94-85, 89 Stat. 426.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first paragraph
of section 26 of the Merchant Marine Act, 1920 (46 U.S.C. 882), is
amended by striking out the period at the end of the last proviso
thereto and inserting in lieu thereof the following: ": And provided
further, That in any case in which the Secretary of the Department in
which the Coast Guard is operating, finds that an emergency situation so
requires, and subject to such regulations as he may prescribe, any
vessel documented under the laws of the United States and not engaged in
an international voyage may carry in excess of sixteen persons in
addition to the crew.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 182 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 344 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 5, considered and passed House.
Aug. 1, considered and passed Senate.
Public Law 94-84, 89 Stat. 425.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal office
building at 230 South Dearborn Street, Chicago, Illinois, shall
hereafter be known and designated as the " John C. Kluczynski Federal
Building". Any reference in a law, map, regulation, document, record,
or other paper of the United States to such building shall be held to be
a reference to the John C. Kluczynski Federal building.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 186 (Comm. on Public Works and Transportation).
SENATE REPORT No. 94 - 348 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 19, considered and passed House.
Aug. 1, considered and passed Senate,
Public Law 94-83, 89 Stat. 424, Environmental Impact Statements,
Preparation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 102(2) of
the National Environmental Policy Act of 1969 (83 Stat. 852) //42 USC
4332.// is amended by redesignating subparagraphs (D), (E), (F), (G),
and (H) as subparagraphs (E), (F), (G), (H), and (I), respectively; and
by adding immediately after subparagraph (C) the following new
subparagraph:
"(D) Any detailed statement required under subparagraph (C)
after January 1, 1970, for any major Federal action funded under a
program of grants to Stes shall not be deemed to be legally
insufficient solely by reason of having been prepared by a State
agency or official, if:
"(i) the State agency or official has statewide jurisdiction
and has the responsibility for such action,
"(ii) the responsible Federal official furnishes guidance and
participates in such preparation,
"(iii) the responsible Federal official independently evaluates
such statement prior to its approval and adoption, and
"(iv) after January 1, 1976, the responsible Federal official
provides early notification to, and solicits the views of, any
other State or any Federal land management entity of any action or
any alternative thereto which may have significant impacts upon
such State or affected Federal land management entity and, if
there is any disagreement on such impacts, prepares a written
assessment of such impacts and views for incorporation into such
detailed statement.
The procedures in this subparagraph shall not relieve the Federal
official of his responsibilities for the scope, objectivity, and content
of the entire statement or of any other responsibility under this Act;
and further, this subparagraph does not affect the legal sufficiency of
statements prepared by State agencies with less than statewide
jurisdiction.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 144 (Comm. on Merchant Marine and Fisheries)
and No. 94 - 388 (Comm. of Conference).
SENATE REPORTS: No. 94 - 152 (Comm. on Interior and Insular Affairs)
and 94 - 331 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 121 (1975):
April 21, considered and passed House.
May 22, considered and passed Senate, amended.
July 25, Senate agreed to conference report.
July 29, House agreed to conference report.
Public Law 94-82, 89 Stat. 419.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Section 410(b) of title 39, United States Code, is
amended--,
(1) by striking out the word "and" at the end of paragraph (5);
(2) by striking out the period at the end of paragraph (6) and
inserting in lieu of the period a semicolon and the word "and";
and
(3) by adding immediately below paragraph (6) the following
paragraph:
"(7) section 19 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 668).".
Sec. 201. This title may be cited as the " Executive Salary
Cost-of-Living Adjustment Act". //5 USC 5312 note.//
Sec. 202. (a) Subchapter II of chapter 53 of title 5, United States
Code, relating to Executive Schedule pay rates, is amended by adding at
the end thereof the following new section:
" Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an adjustment
takes effect under section 5305 of this title //5 USC 5305.// in the
rates of pay under the General Schedule, //5 USC 5332 note.// the annual
rate of pay for positions at each level of the Executive Schedule shall
be adjusted by an amount, rounded to the nearest multiple of $100 (or if
midway between multiples of $100, to the next higher multiple of $100),
equal to the percentage of such annual rate of pay which corresponds to
the overall average percentage (as set forth in the report transmitted
to the Congress under such section 5305) of the adjustment in the rates
of pay undee the General Schedule.".
(b)(1) That part of section 5312 (relating to level I of the
Executive Schedule) of title 5, United States Code, immediately below
the section heading and immediately above clause (1) is amended to read
as follows:
" Level I of the Executive Schedule applies to the following
positions for which the annual rate of basic pay shall be the rate
determined with respect to such level under chapter 11 of title 2, //2
USC 351 et. seq.// as adjusted by section 5318 of this title:".
(2) That part of section 5313 (relating to level II of the Executive
Schedule) of title 5, United States Code, immediately below the section
heading and immediately above clause (1) is amended to read as follows:
" Level II of the Executive Schedule //5 USC 5313.// applies to the
following positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of title 2,
as adjusted by section 5318 of this title:". //2 USC 351 et seq.//
(3) That part of section 5314 (relating to level III of the Executive
Schedule) of title 5, United States Code, immediately below the section
heading and immediately above clause (1) is amended to read as follows:
" Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the rate
determined with respect to such level under chapter 11 of title 2, as
adjusted by section 5318 of this title:".
(4) That part of section 5315 (relating to level IV of the Executive
Schedule) of title 5, United States Code, immediately below the section
heading and immediately above clause (1) is amended to read as follows:
" Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the rate
determined with respect to such level under chapter 11 of title 2, as
adjusted by section 5318 of this title:".
(5) That part of section 5316 (relating to level V of the Executive
Schedule) of title 5, United States Code, immediately below the section
heading and immediately above clause (1) is amended to read as follows:
" Level V of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the rate
determined with respect to such level under chapter 11 of title 2, as
adjusted by section 5318 of this title:".
(6) The analysis of subchapter II of chapter 53 of title 5, United
States Code, is amended by adding the following new item at the end
thereof:
(c)(1) Subsection (a) of section 5305 of title 5, United States Code,
relating to annual pay reports, is amended by adding at the end thereof
the following new sentence: " The report transmitted to the Congress
under this subsection shall specify the overall percentage of the
adjustment in the rates of pay under the General Schedule and of the
adjustment in the rates of pay under the other statutory pay systems.".
(2) Subsection (c)(1) of section 5305 of title 5, United States Code,
relating to annual pay reports, is amended by adding at the end thereof
the following new sentence: " The report transmitted to the Congress
under this subsection shall specify the overall percentage of the
adjustment in the rates of pay under the General Schedule //5 USC 5332
note.// and of the adjustment in the rates of pay under the other
statutory pay systems.".
SEC. 203. Section 104 of title 3, United States Code, relating to the
rate of salary of the Vice President, is amended by striking out
"$62,500, to be paid monthly." and inserting in lieu thereof "the rate
determined for such position under chapter 11 of title 2, as adjusted
under this section. Effective at the beginning of the first month in
which an adjustment takes effect under section 5305 of title 5 in the
rates of pay under the General Schedule, the salary of the Vice
President shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to the nearest
higher multiple of $100), equal to the percentage of such per annum rate
which corresponds to the overall average percentage (as set forth in the
report transmitted to the Congress under section 5305 of title 5) of the
adjustment in such rates of pay. Such salary shall be paid on a monthly
basis.".
SEC. 204 (a) Section 601(a) of the Legislative Reorganization Act of
1946 (2 U.S.C. 31) is amended to read as follows:
" SEC. 601. (a)(1) The annual rate of pay for--,
"(A) each Senator, Member of the House of Representatives, and
Delegate to the House of Representatives, and the Resident
Commissioner from Puerto Rico,
"(B) the President pro tempore of the Senate, the Majority
leader and the minority leader of the Senate, and the majority
leader and the minority leader of the House of Representatives,
and
"(C) the Speaker of the House of Representatives, shall be the rate
determined for such positions under section 225 of the Federal Salary
Act of 1967 (2 U.S.C. 351 - 361), as adjusted by paragraph (2) of this
subsection.
"(2) Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an adjustment
takes effect under section 5305 of title 5, United States Code, in the
rates of pay under the General Schedule, //5 USC 5332 note.// each
annual rate referred to in paragraph (1) shall be adjusted by an amount,
rounded to the nearest multiple of $100 (or if midway between multiples
of $100, to the next higher multiple of $100), equal to the percentage
of such annual rate which corresponds to the overall average percentage
(as set forth in the report transmitted to the Congress under such
section 5305) of the adjustment in the rates of pay under the General
Schedule.".
(b) Subsections (a) through (d) of section 203 of the Federal
Legislative Salary Act of 1964 (78 Stat. 415), relating to the annual
rate of pay of certain legislative officials, are amended to read as
follows:
" SEC. 203 (a) The compensation of the Comptroller General of the
United States //31 USC 42a.// shall be at an annual rate which is equal
to the rate for positions at level II of the Executive Schedule of
subchapter II of chapter 53 of title 5, United States Code. //5 USC
5313.//
"(b) The compensation of the Deputy Comptroller General of the United
States //31 USC 42a.// shall be at an annual rate which is equal to the
rate for positions at level III of such Executive Schedule. //5 USC
5314.//
"(c) The compensation of the General Counsel of the United States
General Accounting Office, the Librarian of Congress, and the Architect
of the Capitol //2 USC 136a; 31 USC 51a; 40 USC 162a.// shall be at an
annual rate which is equal to the rate for positions at level IV of such
Executive Schedule. //5 USC 5315.//
"(d) The compensation of the Deputy Librarian of Congress and the
Assistant Architect of the Capitol //2 USC 136a-1; 40 USC 166b.// shall
be at an annual rate which is equal to the rate for positions at level V
of such Executive Schedule.". //5 USC 5316.//
(c)(1) Section 303 of title 44, United States Code, relating to the
compensation of the Public Printer and Deputy Printer, is amended to
read as follows:
" The annual rate of pay for the Public Printer shall be a rate which
is equal to the rate for level IV of the Executive Schedule of
subchapter II of chapter 53 of title 5. The annual rate of pay for the
Deputy Public Printer shall be a rate which is equal to the rate for
level V of such Executive Schedule.".
(2) The item relating to section 303 in the chapter analysis for
chapter 3 of title 44, United States Code, is amended to read as
follows:
(d) Section 4(d) of the Federal Pay Comparability Act of 1970 (84
Stat. 1952) is amended by striking out "level V" and "section 5316" and
inserting in lieu thereof "level III" and "section 5314", respectively.
//2 USC 60a note.//
SEC. 205. (a)(1) Chapter 21 of title 28, United States Code, relating
to general provisions applicable to courts and judges, is amended by
adding at the end thereof the following new section:
"sec. 461. Adjustments in certain salaries //28 USC 461.//
"(a) Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an adjustment
takes effect under section 5305 of title 5 in the rates of pay under the
General Schedule //5 USC 5332 note.// (except as provided in subsection
(b)), each salary rate which is subject to adjustment under this section
shall be adjusted by an amount, rounded to the nearest multiple of $100
(or if midway between multiples of $100, to the next higher multiple of
$100) equal to the percentage of such salary rate which corresponds to
the overall average percentage (as set forth in the report transmitted
to the Congress under such section 5305) of the adjustments in the rates
of pay under such Schedule.
"(b) Subsection (a) shall not apply to the extent it would reduce the
salary of any individual whose compensation may not, under section 1 of
article III of the Constitution of the United States, // USC prec.
title 1.// be diminished during such individual's continuance in
office.".
(2) The analysis of chapter 21 of such title is amended by adding at
the end thereof the following new item:
(b)(1) Section 5 of title 28, United States Code, relating to
salaries of justices of the Supreme Court, is amended to read as
follows:
" The Chief Justice and each associate justice shall each receive
salary at annual rates determined under section 225 of the Federal
Salary Act of 1967 (2 U.S.C. 351 - 361), as adjusted by section 461 of
this title.".
(2) Section 44(d) of title 28, United States Code, relating to
salaries of circuit judges, is amended to read as follows:
"(d) Each circuit judge shall receive a salary at an annual rate
determined under section 225 of the Federal Salary Act of 1967 (2 U.S.
C. 351 - 361), as adjusted by section 461 of this title.".
(3) Section 135 of title 28, United States Code, relating to salaries
of district judges, is amended to read as follows:
" Each judge of a district court of the United States shall receive a
salary at an annual rate determined under section 225 of the Federal
Salary Act of 1967 (2 U.S.C. 351 - 361), as adjusted by section 461 of
this title.".
(4) The second sentence of section 173 of title 28, United States
Code, relating to salaries of judges of the Court of Claims, is amended
to read as follows: " Each shall receive a salary at an annual rate
determined under section 225 of the Federal Salary Act of 1967 (2 U.S.
C. 351 - 361), as adjusted by section 461 of this title.".
(5) The second sentence of section 213 of title 28, United States
Code, relating to salaries of judges of the Court of Customs and Patent
Appeals, is amended to read as follows: " Each shall receive a salary
at an annual rate determined under section 225 of the Federal Salary Act
of 1967 (2 U.S.C. 351 - 361), as adjusted by section 461 of this
title.".
(6) The second sentence of section 252 of title 28, United States
Code, relating to judges of the Customs Court, is amended to read as
follows: " Each shall receive a salary at an annual rate determined
under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 -
361), as adjusted by section 461 of this title.".
(7) So much of the first sentence of section 792(b) (relating to
salaries of Court of Claims commissioners) of title 28, United States
Code, as precedes ", and also all necessary traveling expenses" is
amended to read as follows: " Each commissioner shall receive pay at an
annual rate determined under section 225 of the Federal Salary Act of
1967 (2 U.S.C. 351 - 361), as adjusted by section 461 of this title".
(8) The first sentence of section 40a of the Bankruptcy Act (11 U.S.
C. 68(a)), relating to compensation of referees in bankruptcy, is
amended to read as follows: " Referees shall receive as full
compensation for their services salaries to be fixed by the conference,
in the light of the recommendations of the councils, made after advising
with the district judges of their respective circuits, and of the
Director, at rates, in the case of full-time referees, not more than the
rate determined for such referees under section 225 of the Federal
Salary Act of 1967 (2 U.S.C. 351 - 361), as adjusted under section 461
of title 28, United States Code, and in the case of part-time referees,
not more than one-half of such rate, as so adjusted.".
SEC. 206. (a) Section 225(f)(A) of the Federal Salary Act of 1967 (2
U.S.C. 356(A)), is amended--,
(1) by inserting "the Vice President of the United States,"
immediately before " Senators";
(2) by striking out "and" immediately after "
Representatives,"; and
(3) by inserting immediately before the semicolon a comma and
the following: "the Speaker of the House of " Representatives,
the President pro tempore of the Senate, and the majority and
minority leaders of the Senate and the House of Representatives".
(b) Until such time as a change in the rate of pay of the offices
referred to in the amendment made by subsection (a) of this section
occurs under the provisions of the Federal Salary Act of 1967 (2 U.S.C.
351 - 361), as amended by subsection (a) of this section, such rates of
pay shall be the rates of pay in effect immediately prior to the date of
enactment of this Act, as adjusted under sections 203 and 204 of this
title. //2 USC 356 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 271 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 94 - 333 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 16, considered and passed House.
July 28, 29, considered and passed Senate, amended.
July 30, House concurred in Senate amendments.
Public Law 94-81, 89 Stat. 417.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, for purposes of
the Internal Revenue Code of 1954, gain resulting from the condemnation,
pursuant to Public Law 93 - 102, //25 USC 564j note.// of the Klamath
Indian forest lands held by the trustee for the Klamath Indian Tribe--,
(1) shall be excluded from the gross income of the trust, and
(2) on the distribution from the trust of the proceeds of such
condemnation, shall be excluded from the gross income of each
person receiving such distribution.
564w-2.//
(a) AMENDMENTS of Section 1245.--, //26 USC 1245.//
(1) The second sentence of section 1245(b)(3) (relating to gain from
dispositions of certain depreciable property) is amended by striking out
" This" and inserting in lieu thereof " Except as provided in paragraph
(7), this".
(2) Section 1245(b) is amended by adding at the end thereof the
following new paragraph:
"(7) TRANSFERS TO TAX- EXEMPT ORGANIZATION WHERE PROPERTY WILL BE
USED IN UNRELATED BUSINESS.--,
"(A) IN GENERAL.-- The second sentence of paragraph (3) shall
not apply to a disposition of section 1245 property to an
organization described in section 511(a)(2) or 511(b)(2) //26 USC
511.// if, immediately after such disposition, such organization
uses such property in an unrelated trade or business (as defined
in section 513). //26 USC 513.//
"(B) LATER CHANGE IN USE.-- If any property with respect to the
disposition of which gain is not recognized by reason of
subparagraph (A) ceases to be used in an unrelated trade or
business of the organization acquiring such property, such
organization acquiring such property, such organization shall be
treated for purposes of this section as having disposed of such
property on the date of such cessation.".
(b) AMENDMENTS TO SECTION 1250.-- //26 USC 1250.//
(1) The second sentence of section 1250(d)(3) (relating to gain
from dispositions of certain depreciable realty) is amended by
striking out " This" and inserting in lieu thereof " Except as
provided in paragraph (9), this".
(2) Section 1250(d) is amended by adding at the end thereof the
following new paragraph:
"(9) TRANSFERS TO TAX- EXEMPT ORGANIZATION WHERE PROPERTY WILL
BE USED IN UNRELATED BUSINESS.--,
"(A) IN GENERAL.-- The second sentence of paragraph (3) shall
not apply to a disposition of section 1250 property to an
organization described in section 511(a)(2) or 511(b)(2) if,
immediately after such disposition, such organization uses such
property in an unrelated trade or business (as defined in section
513).
"(B) LATER CHANGE IN USE.-- If any property with respect to the
disposition of which gain is not recognized by reason of
subparagraph (A) ceases to be used in an unrelated trade or
business of the organization acquiring such property, such
organization shall be treated for purposes of this section as
having disposed of such property on the date of such cessation.".
(c) EFFECTIVE DATE.--,
(1) IN GENERAL.-- Except as provided in paragraph (2) the
amendments made by this section shall apply to dispositions after
December 31, 1969, in taxable years ending after such date.
(2) ELECTION FOR PAST TRANSACTIONS.-- In the case of any
disposition occurring before the date of the enactment of this
Act, the amendments made by this section shall apply only if the
organization acquiring the property elects (in the manner provided
by regulations prescribed by the Secretary of the Treasury or his
delegate) within 1 year after the date of the enactment of this
Act to have such amendments apply with respect to such property.
//26 USC 1250 note.//
(a) Subparagraph (B) of section 509(a)(2) of the Internal Revenue
Code of 1954 //26 USC 509.// (relating to permitted extent of private
support) is amended to read as follows:
"(B) normally receives not more than one-third of its support
in each taxable year from the sum of--,
"(i) gross investment income (as defined in subsection (e)) and
"(ii) the excess (if any) of the amount of the unrelated
business taxable income (as defined in section 512) //26 USC
512.// over the amount of the tax imposed by section 511;". //26
USC 511.//
(b) The amendment made by this section shall apply to unrelated
business taxable income derived from trades and businesses which are
acquired by the organization after June 30, 1975. //26 USC 509 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 250 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 272 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 27, considered and passed House.
July 11, considered and passed Senate, amended.
July 25, House concurred in Senate amendment, with an
amendment.
Aug. 1, Senate concurred in House amendment to Senate
amendment.
Public Law 94-80, 89 Stat. 415.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3 of the
joint resolution entitled " Joint resolution to provide for the
establishment of the American Indian Policy Review Commission", approved
January 2, 1975, Public Law 93 - 580 (88 Stat. 1912), //25 USC 174
note.// is amended by adding at the end thereof the following new
subsections:
"(e) The Commission is authorized to accept and use donations of
money, property (whether real or personal), and uncompensated services
from any person whether public or private for the purpose of carrying
out the provisions of this resolution.
"(f) Matter mailed by the Commission may be mailed under the frank of
any Member of Congress who is serving as the chairman of the
Commission.".
SEC. 2. Section 4(c) of such resolution is amended to read as
follows: //25 USC 174 note.//
"(c) The Commission may fix the compensation of the members of such
task forces at per annum gross rates or at a rate not to exceed the
daily equivalent of the highest rate of annual compensation that may be
paid to employees of the United States Senate generally.".
SEC. 3. Section 6(b) of such resolution (88 Stat. 1914) is amended to
read as follows: //25 USC 174 note.//
"(b)(1) In carrying out its functions under this resolution, the
Commission is authorized to utilize the services, information,
facilities, and personnel of the executive departments and agencies of
the Government with or without reimbursement, and the head of any such
department or agency is authorized to provide the Commission such
services, facilities, information, and personnel to the Commission.
"(2) The Commission is authorized to procure the temporary or
intermittent services of experts or consultants or organizations thereof
by contract at rates of compensation not in excess of the daily
equivalent of the highest per annum rate of compensation that may be
paid to employees of the Senate generally.".
SEC. 4. Section 6 of such resolution is further amended by adding at
the end thereof the following new subsection: //25 USC 174 note.//
"(c) A person who provides voluntary and uncompensated services to
the Commission shall not by reason of such service be deemed to be an
employee of the United States. Any such person may be reimbursed for
travel, subsistence, and other necessary expenses incurred by them in
the performance of their service to the Commission upon the approval of
the chairman.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 426 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 9, considered and passed Senate.
July 31, considered and passed House, amended; Senate
concurred in House amendment.
Public Law 94-79, 89 Stat 413, Nuclear Regulatory Commission
Appropriation Authorization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. There is authorized to be appropriated to the Nuclear
Regulatory Commission to carry out the provisions of section 261 of the
Atomic Energy Act of 1954, //42 USC 2017.// as amended, and section 305
of the Energy Reorganization Act of 1974: //42 USC 5875.// $222,935,000
for fiscal year 1976 and $52,750,000 for the period from July 1, 1976
through September 30, 1976.
Sec. 201. Section 201(a) of the Energy Reorganization Act of 1974
//42 USC 5841.// is amended--,
(1) by inserting "(1)" immediately after " Sec. 201. (a)";
and
(2) by adding at the end of such subsection the following:
"(2) The Chairman of the Commission shall be the principal executive
officer of the Commission, and he shall exercise all of the executive
and administrative functions of the Commission, including functions of
the Commission with respect to (a) the appointment and supervision of
personnel employed under the Commission (other than personnel employed
regularly and full time in the immediate offices of commissioners other
than the Chairman, and except as otherwise provided in the Energy
Reorganization Act of 1974), //42 USC 5801 note.// (b) the distribution
of business among such personnel and among administrative units of the
Commission, and (c) the use and expenditure of funds.
"(3) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
"(4) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
"(5) There are hereby reserved to the Commission its functions with
respect to revising budget estimates and with respect to determining
upon the distribution of appropriated funds according to major programs
and purposes.".
The Nuclear Regulatory Commission shall not license any shipments by
air transport of plutonium in any form, whether exports, imports or
domestic shipments: //42 USC 5841 note.// Provided, however, That any
plutonium in any form contained in a medical device designed for
individual human application is not subject to this restriction. This
restriction shall be in force until the Nuclear Regulatory Commission
has certified to the Joint Committee on Atomic Energy of the Congress
that a safe container has been developed and tested which will not
rupture under crash and blast-testing equivalent to the crash and
explosion of a high-flying aircraft.
Sec. 202. Subsection 201(c) of the Energy Reorganization Act of 1974
//42 USC 5841.// is amended by deleting the period at the end of the
subsection and adding the following text: "; and except that any
member appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed, shall be appointed for
the remainder of such term.".
Sec. 203. Section 201(c) is amended to include the following: " For
the purpose of determining the expiration date of the terms of office of
the five members first appointed to the Nuclear Regulatory Commission,
each such term shall be deemed to have begun July 1, 1975.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 260 accompanying H.R. 7001 (Joint Committe o:
Atomic Energy).
SENATE REPORT No. 94 - 174 (Joint Committee on Atomic Energy).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 17, considered and passed Senate.
June 20, considered and passed House, amended, in lieu of H.R.
7001.
July 31, Senate concurred in House amendment.
Public Law 94-78, 89 Stat 411, Council on Wage and Price Stability
Act Amendments of 1975.
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 " Council on Wage and Price
Stability Act Amendments of 1975". //12 USC 1904 note.//
Sec. 2. (a) The first sentence of section 2(c) of the Council on
Wage and Price Stability Act is amended by striking out the period and
inserting in lieu thereof the following: "by and with the advice and
consent of the Senate.". //12 USC 1904 note.//
(b) The amendment made by subsection (a) shall take effect
immediately after the individual holding the office of Director of the
Council on Wage and Price Stability on the date of enactment of this Act
ceases to hold that office.
(c) In appointments to the additional positions authorized by the
amendment made by subsection (a), the Council shall give preference to
economists and other persons with special ability and experience in one
or more of the various sectors of the economy.
Sec. 3. Section 2 of the Council on Wage and Price Stability Act is
amended by adding at the end thereof the following: //12 USC 1904
note.//
"(g) The Council shall have the authority, for any purpose related to
this Act, to--,
"(1) require periodic reports for the submission of information
maintained in the ordinary course of business; and
"(2) issue subpenas signed by the Chairman or the Director for
the attendance and testimony of witnesses and the production of
relevant books, papers, and other documents, only to entities
whose annual gross revenues are in excess of $5,000,000;
relating to wages, costs, productivity, prices, sales, profits, imports,
and exports by product line or by such other categories as the Council
may prescribe. The Council shall have the authority to administer oaths
to witnesses. Witnesses summoned under the provisions of this section
shall be paid the same fees and mileage as are paid to witnesses in the
courts of the United States. In case of refusal to obey a subpena
served upon any person under the provisions of this section, the Council
may request the Attorney General to seek the aid of the United States
district court for any district in which such person is found, to compel
that person, after notice, to appear and give testimony, or to appear
and produce documents before the Council."
Sec. 4. Section 3(a) of the Council on Wage and Price Stability Act
is amended by striking out "and" at the end of paragraph (6), by
striking out the period at the end of paragraph (7), and inserting in
lien thereof "; and", and by adding at the end thereof the following
new subsection: //12 USC 1904 note.//
"(8) intervene and otherwise participate on its own behalf in
rulemaking, ratemaking, licensing and other proceedings before any
of the departments and agencies of the United States, in order to
present its views as to the inflationary impact that might result
from the possible outcomes of such proceedings.".
Sec. 5. Section 4 of the Council on Wages and Price Stability Act is
amended by adding at the end thereof the following new subsection: //12
USC 1904 note.//
"(f) (1) Product line or other category information relating to an
individual firm or person and obtained under section 2 (g) shall be
considered as confidential financial information under section 552 (b)
(4) of title 5 of the United States Code and shall not be disclosed by
the Council.". //12 USC 1904 note.//
"(2) Periodic reports obtained by the Council under section 2 (g) and
copies thereof which are retained by the reporting firm or person shall
be immune from legal process.".
Sec. 6. Section 6 of the Council on Wage and Price Stability Act is
amended by striking out "$1,000,000 for the fiscal year ending June 30,
1975" //12 USC 1904 note.// and inserting in lieu thereof "$1,700,000
for each fiscal year ending prior to October 1, 1977".
Sec. 7. Section 7 of the Council on Wage and Price Stability Act is
amended by striking out " August 15, 1975" and inserting in lieu thereof
" September 30, 1977". //12 USC 1904 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 389 accompanying H.R. 8731 (Comm. on Banking,
Currency, and Housing).
SENATE REPORT No. 94 - 84 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 5, 6, considered and passed Senate.
July 31, considered and passed House, amended, in lieu of H.R.
8731.
Aug. 1, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 33:
Aug. 11, Presidential statement.
Public Law 94-77, 89 Stat 410.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Mountain Park
Reservoir, Oklahoma, authorized to be constructed by the Act of
September 21, 1968 (82 Stat. 853), //43 USC 616aaaa.// shall be known
and designated hereafter as the Tom Steed Reservoir. Any law,
regulation, map, document, record, or other paper of the United States
in which such reservoir is referred shall be held to refer to such
reservoir as the Tom Steed Reservoir. //43 USC 616aaaa note.//
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 351 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Aug. 1, considered and passed Senate and House.
Public Law 94-76, 89 Stat 409.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by inserting immediately after item 912.05 the
following new item:
912.08, Open-top hopper cars exported for repairs or
alterations (provided for in item 690.15, part 6 A, schedule 6),
Free, No change, On or before 6/30/75.
Sec. 2. (a) The amendment made by the first section of this Act
shall apply with respect to articles entered after September 1, 1974,
and before July 1, 1975. //19 USC 1202 note.//
(b) Upon request therefor filed with the customs officer concerned on
or before the ninetieth day after the date of enactment of this Act, any
entry to which the amendment made by the first section of this Act
applies shall, notwithstanding the provisions of section 514 of the
Tariff Act of 1930 //19 USC 1514.// or any other provisions of of law,
be liquidated or reliquidated as though such entry had been made on June
30, 1975. //19 USC 1202 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 303 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 280 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed House.
July 17, considered and passed Senate, amended.
July 25, House concurred in Senate amendments.
Public Law 94-75, 89 Stat 408.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by inserting immediately after item 911.25 the
following new item:
911.40, Catalysts of platinum and carbon (provided for in item
656.05, part 3 G, schedule 6) when imported for used in producing
caprolactam, Free, Free, On or before 10/31/75.
Sec. 2. (a) The amendment made by the first section of this Act
shall apply with respect to articles entered, or withdrawn from
warehouse, for consumption on or after the date of the enactment of this
Act. //19 USC 1202 note.//
(b) Upon request therefor filed with the customs officer concerned on
or before the one hundred and twentieth day after the date of the
enactment of this Act, the entry or withdrawal of any article--, //19
USC 1202 note.//
(1) which was made after October 1, 1973, and before the date
of the enactment of this Act, and
(2) with respect to which there would have been no duty if the
amendment made by the first section of this Act applied to such
entry or withdrawal,
shall, notwithstanding the provisions of section 514 of the Tariff Act
of 1930 //19 USC 1514.// or any other provision of law, be liquidated or
reliquidated as though such entry or withdrawal had been made on the
date of the enactment of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 302 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 274 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed House.
July 16, considered and passed Senate, amended.
July 25, House concurred in Senate amendment.
Public Law 94-74, 89 Stat 407.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the portion of the
Mall bounded by Third Street, Maryland Avenue, Fourth Street, and
Jefferson Drive in the District of Columbia is reserved as a site for
the future public uses of the Smithsonian Institution.
Sec. 2. The Smithsonian Institution may not make any use of the
portion of the Mall described in the first section of this Act unless
such use is first approved by the Congress.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 257 (Comm. on House Administration).
SENATE REPORT No. 94 - 301 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 16, considered and passed House.
July 25, considered and passed Senate.
Public Law 94-73, 89 Stat 400, Voting Rights Act of 1965, amendments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Section 4(a) of the Voting Rights Act of 1965 //42 USC
1973aa.// is amended by striking out "ten" each time it appears and
inserting in lieu thereof "seventeen".
Sec. 102. Section 201(a) of the Voting Rights Act of 1965 //42 USC
1973aa.// is amended by--,
(1) striking out " Prior to August 6, 1975, no" and inserting "
No" in lieu thereof; and
(2) striking out "as to which the provisions of section 4 (a)
of this Act are not in effect by reason of determinations made
under section 4 (b) of this Act." and inserting in lieu thereof a
period.
Sec. 201. Section 4(a) of the Voting Rights Act of 1965 //42 USC
1973b.// is amended by--,
(1) inserting immediately after "determinations have been made
under" the following: "the first two sentences of";
(2) adding at the end of the first paragraph thereof the
following new sentence: " No citizen shall be denied the right to
vote in any Federal, State, or local election because of his
failure to comply with any test or device in any State with
respect to which the determinations have been made under the third
sentence of subsection (b) of this section or in any political
subdivision with respect to which such determinations have been
made as a separate unit, unless the United States District Court
for the District of Columbia in an action for a declaratory
judgment brought by such State or subdivision against the United
States has determined that no such test or device has been used
during the ten years preceding the filing of the action for the
purpose or with the effect of denying or abridging the right to
vote on account of race or color, or in contravention of the
guarantees set forth in section 4 (f) (2): Provided, That no such
declaratory judgment shall issue with respect to any plaintiff for
a period of ten years after the entry of a final judgment of any
court of the United States, other than the denial of a declaratory
judgment under this section, whether entered prior to or after the
enactment of this paragraph, determining that denials or
abridgments of the right to vote on account of race or color, or
in contravention of the guarantees set forth in section 4 (f) (2)
through the use of tests or devices have occurred anywhere in the
territory of such plaintiff.";
(3) striking out "the action" in the third paragraph thereof,
and by inserting in lieu thereof "an action under the first
sentence of this subsection"; and
(4) inserting immediately after the third paragraph thereof the
following new paragraph:
" If the Attorney General determines that he has no reason to believe
that any such test or device has been used during the ten years
preceding the filing of an action under the second sentence of this
subsection for the purpose or with the effect of denying or abridging
the right to vote on account of race or color, or in contravention of
the guarantees set forth in section 4 (f) (2), he shall consent to the
entry of such judgment.".
Sec. 202. Section 4(b) of the Voting Rights Act of 1965 //42 USC
1973b.// is amended by adding at the end of the first paragraph thereof
the following: " On and after August 6, 1975, in addition to any State
or political subdivision of a State determined to be subject to
subsection (a) pursuant to the previous two sentences, the provisions of
subsection (a) shall apply in any State or any political subdivision of
a State which (i) the Attorney General determines maintained on November
1, 1972, any test or device, and with respect to which (ii) the Director
of the Census determines that less than 50 per centum of the citizens of
voting age were registered on November 1, 1972, or that less than 50 per
centum of such persons voted in the Presidential election of November
1972.".
Sec. 203. Section 4 of the Voting Rights Act of 1965 //42 USC
1973b.// is amended by adding the following new subsection:
"(f) (1) The Congress finds that voting discrimination against
citizens of language minorities is pervasive and national in scope.
Such minority citizens are from environments in which the dominant
language is other than English. In addition they have been denied equal
educational opportunities by State and local governments, resulting in
severe disabilities and continuing illiteracy in the English language.
The Congress further finds that, where State and local are excluded from
participating in the electoral process. In many areas of the country,
this exclusion is aggravated by acts of physical, economic, and
political intimidation. The Congress declares that, in order to enforce
the guarantees of the fourteenth and fifteenth amendments to the United
States Constitution, // USC prec. title 1.// it is necessary to
eliminate such discrimination by prohibiting English-only elections, and
by prescribing other remedial devices.
"(2) No voting qualification or prerequisite to voting, or standard,
practice, or procedure shall be imposed or applied by any State or
political subdivision to deny or abridge the right of any citizen of the
United States to vote because he is a member of a language minority
group.
"(3) In addition to the meaning given the term under section 4 (c),
the term 'test or device' shall also mean any practice or requirement by
which any State or political subdivision provided any registration or
voting notices, forms, instructions, assistance, or other materials or
information relating to the electoral process, including ballots, only
in the English language, where the Director of the Census determines
that more than five per centum of the citizens of voting age residing in
such State or political subdivision are members of a single language
minority. With respect to section 4(b), //42 USC 1973b.// the term
'test or device', as defined in this subsection, shall be employed only
in making the determinations under the third sentence of that
subsection.
"(4) Whenever any State or political subdivision subject to the
prohibitions of the second sentence of section 4(a) provides any
registration or voting notices, forms, instructions, assistance, or
other materials or information relating to the electoral process,
including ballots, it shall provide them in the language of the
applicable language minority group as well as in the English language:
Provided, That where the language of the applicable minority group is
oral or unwritten, the State or political subdivision is only required
to furnish oral instructions, assistance, or other information relating
to registration and voting.".
Sec. 204. Section 5 of the Voting Rights Act of 1965 //42 USC
1973c.// is amended by inserting after " November 1, 1968," the
following: "or whenever a State or political subdivision with respect
to which the prohibitions set forth in section 4(a) based upon
determinations made under the third sentence of section 4(b) are in
effect shall enact or seek to administer any voting qualification or
prerequisite to voting, or standard, practice, or procedure with respect
to voting different from that in force or effect on November 1, 1972,".
Sec. 205. Section 3 and 6 of the Voting Rights Act of 1965 //42 USC
1973a, 1973d.// are each amended by striking out "fifteenth amendment"
each time it appears and inserting in lieu thereof "fourteenth or
fifteenth amendment".
Sec. 206. Sections 2, 3, the second paragraph of section 4(a), and
sections 4(d), 5, 6, and 13 of the Voting Rights Act of 1965 //42 USC
1973-1973d, 1973k.// are each amended by adding immediately after "on
account of race or color" each time it appears the following:", or in
contravention of the guarantees set forth in section 4(f)(2)".
Sec. 207. Section 14(c) //42 USC 1973l.// is amended by adding at
the end the following new paragraph:
"(3) The term 'language minorities' or 'language minority group'
means persons who are American Indian, Asian American, Alaskan Natives
or of Spanish heritage.".
Sec. 208. If any amendments made by this Act or the application of
any provision thereof to any person or circumstance is judicially
determined to be invalid, the remainder of the Voting Rights Act of
1965, or the application of such provision to other persons or
circumstances shall not be affected by such determination. //42 USC
1973 note.//
Sec. 301. The Voting Rights Act of 1965 is amended by inserting the
following new section immediately after section 202: //42 USC
1973aa-1.//
" Sec. 203. //42 USC 1973aa-la.// (a) The Congress finds that,
through the use of various practices and procedures, citizens of
language minorities have been effectively excluded from participation in
the electoral process. Among other factors, the denial of the right to
vote of such minority group citizens is ordinarily directly related to
the unequal educational opportunities afforded them, resulting in high
illiteracy and low voting participation. The Congress declares that, in
order to enforce the guarantees of the fourteenth and fifteenth
amendments to the United States Constitution, // USC prec. title 1.//
it is necessary to eliminate such discrimination by prohibiting these
practices, and by prescribing other remedial devices.
"(b) Prior to August 6, 1985, no State or political subdivision shall
provide registration or voting notices, forms, instructions, assistance,
or other materials or information relating to the electoral process,
including ballots, only in the English language if the Director of the
Census determines (i) that more than 5 percent of the citizens of voting
age of such State or political subdivision are members of a single
language minority and (ii) that the illiteracy rate of such persons as a
group is higher than the national illiteracy rate: Provided, That the
prohibitions of this subsection shall not apply in any political
subdivision which has less than five percent voting age citizens of each
language minority which comprises over five percent of the statewide
population of voting age citizens. For purposes of this subsection,
illiteracy means the failure to complete the fifth primary grade. The
determinations of the Director of the Census under this subsection shall
be effective upon publication in the Federal Register and shall not be
subject to review in any court.
"(c) Whenever any State or political subdivision subject to the
prohibition of subsection (b) of this section provides any registration
or voting notices, forms, instructions, assistance, or other materials
or information relating to the electoral process, including ballots, it
shall provide them in the language of the applicable minority group as
well as in the English language: Provided, That where the language of
the applicable minority group is oral or unwritten or in the case of
Alaskan natives, if the predominant language is historically unwritten,
the State or political subdivision is only required to furnish oral
instructions, assistance, or other information relating to registration
and voting.
"(d) Any State or political subdivision subject to the prohibition of
subsection (b) of this section, which seeks to provide English-only
registration or voting materials or information, including ballots, may
file an action against the United States in the United States District
Court for a declaratory judgment permitting such provision. The court
shall grant the requested relief if it determines that the illiteracy
rate of the applicable language minority group within the State or
political subdivision is equal to or less than the national illiteracy
rate.
"(e) For purposes of this section, the term 'language minorities' or
'language minority group' means persons who are American Indian, Asian
American, Alaskan Natives, or of Spanish heritage."
Sec. 302. Sections 203, 204, and 205 of the Voting Rights Act of
1965, are redesignated as 204, 205, and 206, //42 USC 1973aa-2,
1973aa-3, 1973aa-4.// respectively.
Sec. 303. Section 203 of the Voting Rights Act of 1965, //42 USC
1973aa-2.// as redesignated section 204 by section 302 of this Act, is
amended by inserting immediately after "in violation of section 202,"
the following: "or 203,".
Sec. 304. Section 204 of the Voting Rights Act of 1965, //42 USC
1973aa-3.// as redesignated section 205 by section 302 of this Act, is
amended by striking out "or 202" and inserting in lieu thereof", 202, or
203".
Sec. 401. Section 3 of the Voting Rights Act of 1965 //42 USC
1973a.// is amended by striking out " Attorney General" the first three
times it appears and inserting in lieu thereof the following " Attorney
General or an aggrieved person".
Sec. 402. Section 14 of the Voting Rights Act of 1965 //42 USC
1973l.// is amended by adding at the end thereof the following new
subsection:
"(e) In any action or proceeding to enforce the voting guarantees of
the fourteenth or fifteenth amendment, the court, in its discretion, may
allow the prevailing party, other than the United States, a reasonable
attorney's fee as part of the costs.".
Sec. 403. Title II of the Voting Rights Act of 1965 //42 USC
1973aa.// is amended by adding at the end thereof the following new
section:
" Sec. 207. //42 USC 1973aa-5.// (a) Congress hereby directs the
Director of the Census forthwith to conduct a survey to compile
registration and voting statistics: (i) in every State or political
subdivision with respect to which the prohibitions of section 4 (a) of
the Voting Rights Act of 1965 //42 USC 1973b.// are in effect, for every
statewide general election for Members of the United States House of
Representatives after January 1, 1974; and (ii) in every State or
political subdivision for any election designated by the United States
Commission on Civil Rights. Such surveys shall only include a count of
citizens of voting age, race or color, and national origin, and a
determination of the extent to which such persons are registered to vote
and have voted in the elections surveyed.
"(b) In any survey under subsection (a) of this section no person
shall be compelled to disclose his race, color, national origin,
political party affiliation, or how he voted (or the reasons therefor),
nor shall any penalty be imposed for his failure or refusal to make such
disclosures. Every person interrogated orally, by written survey or
questionnaire, or by any other means with respect to such information
shall be fully advised of his right to fail or refuse to furnish such
information.
"(c) The Director of the Census shall, at the earliest practicable
time, report to the Congress the results of every survey conducted
pursuant to the provisions of subsection (a) of this section.
"(d) The provisions of section 9 and chapter 7 of title 13 of the
United States Code //13 USC 9, 211.// shall apply to any survey,
collection, or compilation of registration and voting statistics carried
out under subsection (a) of this section."
Sec. 404. Section 11(c) of the Voting Rights Act of 1965 //42 USC
1973i.// is amended by inserting after " Columbia," the following words:
" Guam, or the Virgin Islands,".
Sec. 405. Section 5 of the Voting Rights Act of 1965 //42 USC
1973c.// is amended--,
(1) by striking out "except that neither" and inserting in lieu
thereof the following: "or upon good cause shown, to facilitate
an expedited approval within sixty days after such submission, the
Attorney General has affirmatively indicated that such objection
will not be made. Neither an affirmative indication by the
Attorney General that no objection will be made, nor";
(2) by placing after the words "failure to object" a comma;
and
(3) by inserting immediately before the final sentence thereof
the following: " In the event the Attorney General affirmatively
indicates that no objection will be made within the sixty-day
period following receipt of a submission, the Attorney General may
reserve the right to reexamine the submission if additional
information comes to his attention during the remainder of the
sixty-day period which would otherwise require objection in
accordance with this section.".
Sec. 406. Section 203 of the Voting Rights Act of 1965, //42 USC
1973aa-2.// as redesignated 204 by section 302 of this Act, is amended
by striking out "section 2282 of title 28" and inserting "section 2284
of title 28" in lieu thereof.
Sec. 407. Title III of the Voting Rights Act of 1965 is amended to
read as follows:
" Sec. 301. //42 USC 1973bb.// (a) (1) The Attorney General is
directed to institute, in the name of the United States, such actions
against States or political subdivisions, including actions for
injunctive relief, as he may determine to be necessary to implement the
twenty-sixth article of amendment to the Constitution of the United
States. // USC prec. title 1.//
"(2) The district courts of the United States shall have jurisdiction
of proceedings instituted under this title, which shall be heard and
determined by a court of three judges in accordance with section 2284 of
title 28 of the United States Code, and any appeal shall lie to the
Supreme Court. It shall be the duty of the judges designated to hear
the case to assign the case for hearing and determination thereof, and
to cause the case to be in every way expedited.
"(b) Whoever shall deny or attempt to deny any person of any right
secured by the twenty-sixth article of amendment to the Constitution of
the United States shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
" Sec. 302. //42 USC 1973bb-1.// As used in this title, the term '
State' includes the District of Columbia.".
Sec. 408. Section 10 of the Voting Rights Act of 1965 //42 USC
1973h.// is amended--,
(1) by striking out subsection (d);
(2) in subsection (b), by inserting "and section 2 of the
twenty-fourth amendment" immediately after "fifteenth amendment";
and
(3) by striking out "and" the first time it appears in
subsection (b), and inserting in lieu thereof a comma.
Sec. 409. Section 11 of the Voting Rights Act of 1965 //42 USC
1973i.// is amended by adding at the end the following new subsection:
"(e) (1) Whoever votes more than once in an election referred to in
paragraph (2) shall be fined not more than $10,000 or imprisoned not
more than five years, or both.
"(2) The prohibition of this subsection applies with respect to any
general, special, or primary election held solely or in part for the
purpose of selecting or electing any candidate for the office of
President, Vice President, presidential elector, Member of the United
States Senate, Member of the United States House of Representatives,
Delegate from the District of Columbia, Guam, or the Virgin Islands, or
Resident Commissioner of the Commonwealth of Puerto Rico.
"(3) As used in this subsection, the term 'votes more than once' does
not include the casting of an additional ballot if all prior ballots of
that voter were invalidated, nor does it include the voting in two
jurisdictions under section 202 of this Act, //42 USC 1973aa-1.// to the
extent two ballots are not cast for an election to the same candidacy or
office."
Sec. 410. Section 3 of the Voting Rights Act of 1965 //42 USC
1973a.// is amended by inserting immediately before "guarantees" each
time it appears the following "voting".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 196 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 295 accompanying S. 1279 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 2 - 4, considered and passed House.
July 21 - 24, considered and passed Senate, amended.
July 28, House agreed to Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11,
No. 32: Aug. 6, Presidential statement.
Public Law 94-72, 89 Stat 399.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That subsections (d) (2), (h),
(i) (2), and (1) of section 720 of the Defense Production Act of 1950,
as amended, //50 USC app. 2169.// are amended to read as follows:
"(2) Strike semicolon following 'compensation' and add: ', and may
appoint additional nonvoting ex officio members from agencies having
jurisdiction over areas being considered by the Commission;'
"(h) In the first sentence strike out ' June 30, 1975' and insert '
March 31, 1976'. In the second sentence strike out ' December 31, 1975'
and insert ' October 1, 1976'.
"(2) In the second sentence strike out 'to remain available until
December 31, 1975' and insert 'to remain available until October 1,
1976'.
"(1) Strike out 'to remain available until December 31, 1975' and
insert 'to remain available until October 1, 1976'."
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 21, considered and passed House.
July 22, considered and passed Senate.
Public Law 94-71, 89 Stat 395, Veterans Disability Compensation and
Survior Benefits Act of 1975.
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 " Veterans Disability Compensation and Survivor Benefits
Act of 1975".
Sec. 101. (a) Section 314 of title 38, United States Code, is
amended--,
(1) by striking out "$32" in subsection (a) and inserting in
lieu thereof "$35";
(2) by striking out "$59" in subsection (b) and inserting in
lieu thereof "$65";
(3) by striking out "$89" in subsection (c) and inserting in
lieu thereof "$98";
(4) by striking out "$122" in subsection (d) and inserting in
lieu thereof "$134";
(5) by striking out "$171" in subsection (e) and inserting in
lieu thereof "$188";
(6) by striking out "$211" in subsection (f) and inserting in
lieu thereof "$236";
(7) by striking out "$250" in subsection (g) and inserting in
lieu thereof "$280";
(8) by striking out "$289" in subsection (h) and inserting in
lieu thereof "$324";
(9) by striking out "$325" in subsection (i) and inserting in
lieu thereof "$364";
(10) by striking out "$584" in subsection (j) and inserting in
lieu thereof "$655";
(11) by striking out "$727" and "$1,1017" in subsection (k) and
inserting in lieu thereof "$814" and "$1,139", respectively;
(12) by striking out "$727" in subsection (l) and inserting in
lieu thereof "$814";
(13) by striking out "$800" in subsection (m) and inserting in
lieu thereof "$896";
(14) by striking out "$909" in subsection (n) and inserting in
lieu thereof "$1,018";
(15) by striking out "$1,017" in subsections (o) and (p) and
inserting in lieu thereof "$1,139";
(16) by striking out "$437" in subsection (r) and inserting in
lieu thereof "$489"; and
(17) by striking out "$654" in subsection (s) and inserting in
lieu thereof "$732".
(b) The Administrator of Veterans' Affairs may adjust
administratively, consistent with the increases authorized by this
section, //38 USC 314 note.// the rates of disability compensation
payable to persons within the purview of section 10 of Public Law 85 -
857 //38 USC prec. 101.// who are not in receipt of compensation payable
pursuant to chapter 11 of title 38, United States Code. //38 USC 301.//
Sec. 102. Section 315 (1) of title 38, United States Code, is
amended--,
(1) by striking out "$36" in subparagraph (A) and inserting in
lieu thereof "$40";
(2) by striking out "$61" in subparagraph (B) and inserting in
lieu thereof "$67";
(3) by striking out "$77" in subparagraph (C) and inserting in
lieu thereof "$85";
(4) by striking out "$95" and "$17" in subparagraph (D) and
inserting in lieu thereof "$105" and "$19", respectively;
(5) by striking out "$24" in subparagraph (E) and inserting in
lieu thereof "$26";
(6) by striking out "$41" in subparagraph (F) and inserting in
lieu thereof "$45";
(7) by striking out "$61" and "$17" in subparagraph (G) and
inserting in lieu thereof "$67" and "$19", respectively;
(8) by striking out "$29" in subparagraph (H) and inserting in
lieu thereof "$32"; and
(9) by striking out "$55" in subparagraph (I) and inserting in
lieu thereof "$61".
Sec. 103. Section 362 of title 38, United States Code, is amended by
striking out "$150" and inserting in lieu thereof "$175".
Sec. 104. Section 3010 of title 38, United States Code, is
amended--,
(1) by redesignating paragraph (2) of subsection (b) as
paragraph (3); and
(2) by inserting immediately after paragraph (1) thereof the
following new paragraph:
"(2) The effective date of an award of increased compensation shall
be the earliest date as of which it is ascertainable that an increase in
disability had occurred, if application is received within one year from
such date.".
Sec. 201. Section 411 of title 38, United States Code, is amended to
read as follows:
"(a) Dependency and indemnity compensation shall be paid to a widow,
based on the pay grade of her deceased husband, at monthly rates set
forth in the following table:
" Pay grade Monthly rate
Pay grade------Monthly rate
"(b) If there is a widow with one or more children below the age of
eighteen of a deceased veteran, the dependency and indemnity
compensation paid monthly to the widow shall be increased by $29 for
each such child.
"(c) The monthly rate of dependency and indemnity compensation
payable to a widow shall be increased by $72 if she is (1) a patient in
a nursing home or (2) helpless or blind, or so nearly helpless or blind
as to need or require the regular aid and attendance of another
person.".
Sec. 202. Section 413 of title 38, United States Code, is amended to
read as follows:
" Whenever there is no widow of a deceased veteran entitled to
dependency and indemnity compensation, dependency and indemnity
compensation shall be paid in equal shares to the children of the
deceased veteran at the following monthly rates:
"(1) One child, $121.
"(2) Two children, $175.
"(3) Three children, $225.
"(4) More than three children, $225, plus $45 for each child in
excess of three.".
Sec. 203. (a) Subsection (a) of section 414 of title 38, United
States Code, is amended by striking out "$64" and inserting in lieu
thereof "$72".
(b) Subsection (b) of section 414 of such title is amended by
striking out "$108" and inserting in lieu thereof "$121".
(c) Subsection (c) of section 414 of such title is amended by
striking out "$55" and inserting in lieu thereof "$62".
Sec. 204. (a) The Administrator of Veterans' Affairs shall make a
detailed study of claims for dependency and indemnity compensation
relating to veterans, as defined in section 101 (2), title 38, United
States Code, who at time of death during the six-month period September
1, 1975, to March 1, 1976, were receiving disability compensation from
the Veterans' Administration based upon a rating total and permanent in
nature. //38 USC 411 note.//
(b) The report of such study shall include (1) the number of the
described cases; (2) the number of cases in which the specified benefit
was denied; (3) an analysis of the reasons for each such denial; (4)
an analysis of any difficulty which may have been encountered by the
claimant in attempting to establish that the death of the veteran
concerned was connected with his or her military, naval, or air service
in the Armed Forces of the United States; (5) data regarding the
current financial status of the widow, widower, children, and parents in
each case of denial; and (6) an analysis of whether there has been a
significant increase in the use of discretionary authority consistent
with revised Veterans' Administration program guide instructions issued
March 27, 1975 concerning rating practices and procedures.
(c) The report together with such comments and recommendations as the
Administrator deems appropriate shall be submitted to the Speaker of the
House and the President of the Senate not later than October 1, 1976.
Sec. 301. The provisions of this Act shall become effective August
1, 1975. //38 USC 314 note.//
/1/ IF THE VETERAN SERVED AS SERGEANT MAJOR THE ARMY, SENIOR enlisted
advisor of the Navy, chief master sergeant of the Air Force, sergeant
major of the Marine Corps, or master chief petty officer of the Coast
Guard, at the applicable time designated by sec. 402 of this title, the
widow's rate shall be $354.
/2/ IF THE VETERAN SERVED AS CHAIRMAN OF THE JOINT CHEIFS OF Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of
the Air Force, or Commandant of the Marine Corps, at the applicable time
designated by sec. 402 of this title, the widow's rate shall be $660.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 287 (Comm. on Veterans' Affairs).
SENATE REPORT No. 94 - 214 accompanying S. 1597 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 16, considered and passed House.
June 23, considered and passed Senate, amended, in lieu of S.
1597.
July 22, House concurred in Senate amendment with an amendment.
July 24, Senate concurred in House amendment.
Public Law 94-70, 89 Stat 385, Atlantic Tunas Convention Act of 1975.
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 " Atlantic Tunas Convention Act of 1975". //16 USC 971
note.//
Sec. 2. // 16 USC 971.// For the purpose of this Act--,
(1) The term " Convention" means the International Convention
for the Conservation of Atlantic Tunas, signed at Rio de Janeiro
May 14, 1966, //20 UST 2887.// including any amendments or
protocols which are or become effective for the United States.
(2) The term " Commission" means the International Commission
for the Conservation of Atlantic Tunas provided for in article III
of the Convention.
(3) The term " Council" means the Council established within
the International Commission for the Conservation of Atlantic
Tunas pursuant to article V of the Convention.
(4) The term "fisheries zone" means the entire zone established
by the United States under the Act of October 14, 1966 (80 Stat.
908; 16 U.S.C. 1091 - 1094), or similar zones established by
other parties to the Convention to the extent that such zones are
recognized by the United States.
(5) The term "fishing" means the catching, taking, or fishing
for, or the attempted catching, taking, or fishing for any species
of fish covered by the Convention, or any activities in support
thereof.
(6) The term "fishing vessel" means any vessel engaged in
catching fish or processing or transporting fish loaded on the
high seas, or any vessel outfitted for such activities.
(7) The term " Panel" means any panel established by the
Commission pursuant to article VI of the Convention.
(8) The term "person" means every individual, partnership,
corporation, and association subject to the jurisdiction of the
United States.
(9) The term " Secretary" means the Secretary of Commerce.
(10) The term " State" includes each of the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and the territories and possessions of the United
States.
Sec. 3. //16 USC 971a.// (a) The United States shall be represented
by not more than three Commissioners who shall serve as delegates of the
United States on the Commission, and who may serve on the Council and
Panels of the Commission as provided for in the Convention. Such
Commissioners shall be appointed by and serve at the pleasure of the
President. Not more than one such Commissioner shall be a salaried
employee of any State or political subdivision thereof, or the Federal
Government. The Commissioners shall be entitled to select a Chairman
and to adopt such rules of procedure as they find necessary.
(b) The Secretary of State, in consultation with the Secretary, may
designate from time to time and for periods of time deemed appropriate
Alternate United States Commissioners to the Commission. Any Alternate
United States Commissioner may exercise at any meeting of the
Commission, Council, any Panel, or the advisory committee established
pursuant to section 4 of this Act, all powers and duties of a United
States Commissioner in the absence of any Commissioner appointed
pursuant to subsection (a) of this section for whatever reason. The
number of such Alternate United States Commissioners that may be
designated for any such meeting shall be limited to the number of United
States Commissioners appointed pursuant to subsection (a) of this
section who will not be present at such meeting.
(c) The United States Commissioners or Alternate Commissioners.
although officers of the United States while so serving, shall receive
no compensation for their services as such Commissioners or Alternate
Commissioners.
Sec. 4. //16 USC 971b.// The United States Commissioners shall
appoint an advisory committee which shall be composed of not less than
five nor more than twenty individuals who shall be selected from the
various groups concerned with the fisheries covered by the Convention.
Each member of the advisory committee shall serve for a term of two
years and be eligible for reappointment. Members of the advisory
committee may attend all public meetings of the Commission, Council, or
any Panel and any other meetings to which they are invited by the
Commission. Council, or any Panel. The advisory committee shall be
invited to attend all nonexecutive meetings of the United States
Commissioners and at such meetings shall be given opportunity to examine
and to be heard on all proposed programs of investigation, reports,
recommendations, and regulations of the Commission. Members of the
advisory committee shall receive no compensation for their services as
such members. On approval by the United States Commissioners--,
(1) if not more than three members of the advisory committee
are designated by the committee to attend any meeting of the
Commission, Council, or advisory committee, or of any Panel, each
of such members shall be paid for his actual transportation
expenses and per diem incident to his attendance; and
(2) in any case in which more than three members are designated
by the advisory committee to attend any such meeting, each such
member to whom paragraph (1) does not apply may be paid for his
actual transportation expenses and per diem incident to his
attendance.
Sec. 5. //16 USC 971c.// (a) The Secretary of State is authorized to
receive on behalf of the United States, reports, requests, and other
communications of the Commission, and to act thereon directly or by
reference to the appropriate authorities. The Secretary of State, with
the concurrence of the Secretary and, for matters relating to
enforcement, the Secretary of the department in which the Coast Guard is
operating, is authorized to take appropriate action on behalf of the
United States with regard to recommendations received from the
Commission pursuant to article VIII of the Convention. The Secretary
and, when appropriate, the Secretary of the department in which the
Coast Guard is operating, shall inform the Secretary of State as to what
action he considers appropriate within five months of the date of the
notification of the recommendation from the Commission, and again within
forty-five days of the additional sixty-day period provided by the
Convention if any objection is presented by another contracting party to
the Convention, or within thirty days of the date of the notification of
an objection made within the additional sixty-day period, whichever date
shall be the later. After any notification from the Commission that an
objection of the United States is to be considered as having no effect,
the Secretary shall inform the Secretary of State as to what action he
considers appropriate within forty-five days of the sixty-day period
provided by the Convention for reaffirming objections. The Secretary of
State shall take steps under the Convention to insure that a
recommendation pursuant to article VIII of the Convention does not
become effective for the United States prior to its becoming effective
for all contracting parties conducting fisheries affected by such
recommendation on a meaningful scale in terms of their effect upon the
success of the conservation program, unless he determines, with the
concurrence of the Secretary, and, for matters relating to enforcement,
the Secretary of the department in which the Coast Guard is operating,
that the purposes of the Convention would be served by allowing a
recommendation to take effect for the United States at some earlier
time.
(b) The Secretary of State, in consultation with the Secretary and
the Secretary of the department in which the Coast Guard is operating,
is authorized to enter into agreements with any contracting party,
pursuant to paragraph 3 of article IX of the Convention, relating to
cooperative enforcement of the provisions of the Convention,
recommendations in force for the United States and such party or parties
under the Convention, and regulations adopted by the United States and
such contracting party or parties pursuant to recommendations of the
Commission. Such agreements may authorize personnel of the United
States to enforce measures under the Convention and under regulations of
another party with respect to persons under that party's jurisdiction,
and may authorize personnel of another party to enforce measures under
the Convention and under United States regulations with respect to
persons subject to the jurisdiction of the United States. Enforcement
under such an agreement may not take place within the territorial seas
or fisheries zone of the United States. Such agreements shall not
subject persons or vessels under the jurisdiction of the United States
to prosecution or assessment of penalties by any court or tribunal of a
foreign country.
Sec. 6. //16 USC 971d.// (a) The Secretary is authorized and
directed to administer and enforce all of the provisions of the
Convention, this Act, and regulations issued pursuant thereto, except to
the extent otherwise provided for in this Act. In carrying out such
functions the Secretary is authorized and directed to adopt such
regulations as may be necessary to carry out the purposes and objectives
of the Convention and this Act, and with the concurrence of the
Secretary of State, he may cooperate with the duly authorized officials
of the government of any party to the Convention. In addition, the
Secretary may utilize, with the concurrence of the Secretary of the
department in which the Coast Guard is operating insofar as such
utilization involves enforcement at sea, with or without reimbursement
and by agreement with any other Federal department or agency, or with
any agency of any State, the personnel, services, and facilities of that
agency for enforcement purposes with respect to any vessel in the
fisheries zone, or wherever found, with respect to any vessel documented
under the laws of the United States, and any vessel numbered or
otherwise licensed under the laws of any State. When so utilized, such
personnel of the States of the United States are authorized to function
as Federal law enforcement agents for these purposes, but they shall not
be held and considered as employees of the United States for the
purposes of any laws administered by the Civil Service Commission.
(b) Enforcement activities at sea under the provisions of this Act
for fishing vessels subject to the jurisdiction of the United States
shall be primarily the responsibility of the Secretary of the department
in which the Coast Guard is operating, in cooperation with the Secretary
and the United States Customs Service. The Secretary after consultation
with the Secretary of the department in which the Coast Guard is
operating, shall adopt such regulations as may be necessary to provide
for procedures and methods of enforcement pursuant to article IX of the
Convention.
(c) (1) Upon favorable action by the Secretary of State under section
5(a) of this Act on any recommendation of the Commission made pursuant
to article VIII of the Convention, the Secretary shall promulgate,
pursuant to this subsection, such regulations as may be necessary and
appropriate to carry out such recommendation.
(2) To promulgate regulations referred to in paragraph (1) of this
subsection, the Secretary shall publish in the Federal Register a
general notice of proposed rulemaking and shall afford interested
persons an opportunity to participate in the rulemaking through (A)
submission of written data, views, or arguments, and (B) oral
presentation at a public hearing. Such regulations shall be published
in the Federal Register and shall be accompanied by a statement of the
considerations involved in the issuance of the regulations, and by a
statement, based on inquiries and investigations, assessing the nature
and effectiveness of the measures for the implementation of the
Commission's recommendations which are being or will be carried out by
countries whose vessels engage in fishing the species subject to such
recommendations within the waters to which the Convention applies.
After publication in the Federal Register, such regulations shall be
applicable to all vessels and persons subject to the jurisdiction of the
United States on such date as the Secretary shall prescribe. The
Secretary shall suspend at any time the application of any such
regulation when, after consultation with the Secretary of State and the
United States Commissioners, he determines that fishing operations in
the Convention area of a contracting party for whom the regulations are
effective are such as to constitute a serious threat to the achievement
of the Commission's recommendations.
(3) The regulations required to be promulgated under paragraph (1) of
this subsection may--,
(A) select for regulation one or more of the species covered by
the Convention;
(B) divide the Convention waters into areas;
(C) establish one or more open or closed seasons as to each
such area;
(D) limit the size of the fish and quantity of the catch which
may be taken from each area within any season during which fishing
is allowed;
(E) limit or prohibit the incidental catch of a regulated
species which may be retained, taken, possessed, or landed by
vessels or persons fishing for other species of fish;
(F) require records of operations to be kept by any master or
other person in charge of any fishing vessel;
(G) require such clearance certificates for vessels as may be
necessary to carry out the purposes of the Convention and this
Act;
(H) require proof satisfactory to the Secretary that any fish
subject to regulation pursuant to a recommendation of the
Commission offered for entry into the United States has not been
taken or retained contrary to the recommendations of the
Commission made pursuant to article VIII of the Convention which
have been adopted as regulations pursuant to this section; and
(I) impose such other requirements and provide for such other
measures as the Secretary may deem necessary to implement any
recommendation of the Commission.
(4) Upon the promulgation of regulations provided for in paragraph
(3) of this subsection, the Secretary shall promulgate, with the
concurrence of the Secretary of State and pursuant to the procedures
prescribed in paragraph (2) of this subsection, additional regulations
which shall become effective simultaneously with the application of the
regulations provided for in paragraph (3) of this subsection, which
prohibit--,
(A) the entry into the United States of fish in any form of
those species which are subject to regulation pursuant to a
recommendation of the Commission and which were taken from the
Convention area in such manner or in such circumstances as would
tend to diminish the effectiveness of the conservation
recommendations of the Commission; and
(B) the entry into the United States, from any country when the
vessels of such country are being used in the conduct of fishing
operations in the Convention area in such manner or in such
circumstances as would tend to diminish the effectiveness of the
conservation recommendations of the Commission, of fish in any
form of those species which are subject to regulation pursuant to
a recommendation of the Commission and which were taken from the
Convention area.
(5) In the case of repeated and flagrant fishing operations in the
Convention area by the vessels of any country which seriously threaten
the achievement of the objectives of the Commission's recommendations,
the Secretary with the concurrence of the Secretary of State, may by
regulations promulgated pursuant to paragraph (2) of this subsection
prohibit the entry in any form from such country of other species
covered by the Convention as may be under investigation by the
Commission and which were taken in the Convention area. Any such
prohibition shall continue until the Secretary is satisfied that the
condition warranting the prohibition no longer exists, except that all
fish in any form of the species under regulation which were previously
prohibited from entry shall continue to be prohibited from entry.
(d) (1) Not withstanding section 5(a) and subsection (c) of this
section, the recommendations of the Commission concerning bluefin tuna
(Thunnus thynnus thynnus) which were proposed at the third regular
meeting of the Council during the period beginning November 20 and
ending November 26, 1974, shall apply with respect to persons and
vessels subject to the jurisdiction of the United States immediately
upon the taking effect of the regulations required to be promulgated
under paragraph (2) of this subsection.
(2) Not later than the thirtieth day after the date of enactment of
this Act, the Secretary shall promulgate such regulations as may be
necessary and appropriate to carry out the purposes of paragraph (1) of
this subsection, including, after consultation with the Secretary of the
department in which the Coast Guard is operating, regulations providing
procedures and methods of enforcement. Notwithstanding provisions of
section 553 of title 5 of the United States Code, such regulations may
be promulgated without general notice of proposed rulemaking, and such
regulations may take effect on the date they are published in the
Federal Register. Such regulations shall remain in force and effect
with respect to persons and vessels subject to the jurisdiction of the
United States until the last date on which the recommendations referred
to in paragraph (1) can take effect under paragraph (3) of artical VIII
of the Convention, and if such recommendations do take effect under the
Convention with respect to the United States on or before such last
date, such regulations shall remain in force and effect, subject to the
provisions of the Convention and this Act, for so long as such
recommendations are so in effect.
RELATED LAWS
Sec. 7. //16 USC 971e.// (a) It shall be unlawful--,
(1) for any person in charge of a fishing vessel or any fishing
vessel subject to the jurisdiction of the United States to engage
in fishing in violation of any regulation adopted pursuant to
section 6 of this Act; or
(2) for any person subject to the jurisdiction of the United
States to ship, transport, purchase, sell, offer for sale, import,
export, or have in custody, possession, or control any fish which
he knows, or should have known, were taken or retained contrary to
the recommendations of the Commission made pursuant to article
VIII of the Convention and adopted as regulations pursuant to
section 6 of this Act, without regard to the citizenship of the
person or vessel which took the fish.
(b) It shall be unlawful for the master or any person in charge of
any fishing vessel subject to the jurisdiction of the United States to
fail to make, keep, or furnish any catch returns, statistical records,
or other reports as are required by regulations adopted pursuant to this
Act to be made, kept, or furnished by such master or person.
(c) It shall be unlawful for the master or any person in charge of
any fishing vessel subject to the jurisdiction of the United States to
refuse to permit any person authorized to enforce the provisions of this
Act and any regulations adopted pursuant thereto, to board such vessel
and inspect its catch, equipment, books, documents, records, or other
articles or question the persons onboard in accordance with the
provisions of this Act, or the Convention, as the case may be, or to
obstruct such officials in the execution of such duties.
(d) It shall be unlawful for any person to import, in violation of
any regulation adopted pursuant to section 6(c) or (d) of this Act, from
any country, any fish in any form of those species subject to regulation
pursuant to a recommendation of the Commission, or any fish in any form
not under regulation but under investigation by the Commission, during
the period such fish have been denied entry in accordance with the
provisions of section 6 (c) or (d) of this Act. In the case of any fish
as described in this subsection offered for entry in the United States,
the Secretary shall require proof satisfactory to him that such fish is
not ineligible for such entry under the terms of section 6 (c) or (d) of
this Act.
(e) (1) Any person who--,
(A) violates any provision of subsection (a) of this section
shall be assessed a civil penalty of not more than $25,000, and
for any subsequent violation of such subsection (a) shall be
assessed a civil penalty of not more than $50,000;
(B) violates any provision of subsection (b) or (c) of this
section shall be assessed a civil penalty of not more than $1,000,
and for any subsequent violation of such subsection (b) or (c)
shall be assessed a civil penalty of not more than $5,000; or
(C) violates any provision of subsection (d) of this section
shall be assessed a civil penalty of not more than $100,000.
(2) The Secretary is responsible for the assessment of the civil
penalties provided for in paragraph (1). The Secretary may remit or
mitigate any civil penalty assessed by him under this subsection for
good cause shown.
(3) No penalty shall be assessed under this subsection unless the
person accused of committing any violation is given notice and
opportunity for a hearing with respect to such violation.
(4) Upon any failure of any person to pay a penalty assessed under
this subsection, the Secretary may request the Attorney General to
institute a civil action in a district court of the United States for
any district in which such person is found, resides, or transacts
business to collect the penalty and such court shall have jurisdiction
to hear and decide any such action.
(f) All fish taken or retained in violation of subsection (a) of this
section, or the monetary value thereof, may be forfeited.
(g) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the customs
laws, the disposition of such cargo or the proceeds from the sale
thereof, and the remission or mitigation of such forfeitures shall apply
to seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this Act, insofar as such provisions of law are
applicable and not inconsistent with the provisions of this Act.
Sec. 8. //16 USC 971f.// (a) Any person authorized in accordance
with the provisions of this Act to enforce the provisions of this Act
and the regulations issued thereunder may--,
(1) with or without a warrant, board any vessel subject to the
jurisdiction of the United States and inspect such vessel and its
catch and, if as a result of such inspection, he has reasonable
cause to believe that such vessel or any person on board is
engaging in operations in violation of this Act or any regulations
issued thereunder, he may, with or without a warrant or other
process, arrest such person;
(2) arrest, with or without a warrant, any person who violates
the provisions of this Act or any regulation issued thereunder in
his presence or view;
(3) execute any warrant or other process issued by an officer
or court of competent jurisdiction; and
(4) seize, whenever and wherever lawfully found, all fish taken
or retained by a vessel subject to the jurisdiction of the United
States in violation of the provisions of this Act or any
regulations issued pursuant thereto. Any fish so seized may be
disposed of pursuant to an order of a court of competent
jurisdiction, or, if perishable, in a manner prescribed by
regulation of the Secretary.
(b) To the extent authorized under the convention or by agreements
between the United States and any contracting party concluded pursuant
to section 5 (b) of this Act for international enforcement, the duly
authorized officials of such party shall have the authority to carry out
the enforcement activities specified in section 8(a) of this Act with
respect to persons or vessels subject to the jurisdiction of the United
States, and the officials of the United States authorized pursuant to
this section shall have the authority to carry out the enforcement
activities specified in section 8(a) of this Act with respect to persons
or vessels subject to the jurisdiction of such party, except that where
any agreement provides for arrest or seizure of persons or vessels under
United States jurisdiction it shall also provide that the person or
vessel arrested or seized shall be promptly handed over to a United
States enforcement officer or another authorized United States official.
(c) Notwithstanding the provisions of section 2464 of title 28,
United States Code, when a warrant of arrest or other process in rem is
issued in any cause under this section, the marshal or other officer
shall stay the execution of such process, or discharge any fish seized
if the process has been levied, on receiving from the claimant of the
fish a bond or stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish seized, if
condemned, without impairment in value or, in the discretion of the
court, to pay its equivalent value in money or otherwise to answer the
decree of the court in such cause. Such bond or stipulation shall be
returned to the court and judgment thereon against both the principal
and sureties may be recovered in event of any breach of the conditions
thereof as determined by the court. In the discretion of the accused,
and subject to the direction of the court, the fish may be sold for not
less than its reasonable market value at the time of seizure and the
proceeds of such sale placed in the registry of the court pending
judgment in the case.
THIS ACT OR STATE LAWS
Sec. 9. //16 USC 971g.// (a) The United States Commissioners,
through the Secretary of State and with the concurrence of the agency,
institution, or organization concerned, may arrange for the cooperation
of agencies of the United States Government, and of State and private
institutions and organizations in carrying out the provisions of article
IV of the Convention.
(b) All agencies of the Federal Government are authorized, upon the
request of the Commission, to cooperate in the conduct of scientific and
other programs, and to furnish facilities and personnel for the purpose
of assisting the Commission in carrying out its duties under the
Convention.
(c) None of the prohibitions deriving from this Act, or contained in
the laws or regulations of any State, shall prevent the Commission from
conducting or authorizing the conduct of fishing operations and
biological experiments at any time for purposes of scientific
investigation, or shall prevent the Commission from discharging any
other duties prescribed by the Convention.
(d) (1) Except as provided in paragraph (2) of this subsection,
nothing in this Act shall be construed so as to diminish or to increase
the jurisdiction of any State in the territorial sea of the United
States.
(2) In the event a State does not request a formal hearing and after
notice by the Secretary, the regulations promulgated pursuant to this
Act to implement recommendations of the Commission shall apply within
the boundaries of any State bordering on any Convention area if the
Secretary determines that any such State--,
(A) has not, within a reasonable period of time after the
promulgation of regulations pursuant to this Act, enacted laws or
promulgated regulations which implement any such recommendation of
the Commission within the boundaries of such State; or
(B) has enacted laws or promulgated regulations which (i) are
less restrictive than the regulations promulgated pursuant to this
Act, or (ii) are not effectively enforced.
If a State requests the opportunity for an agency hearing on the record,
the Secretary shall not apply regulations promulgated pursuant to this
Act within that State's boundaries unless the hearing record supports a
determination under paragraph (A) or (B). Such regulations shall apply
until the Secretary determines that the State is effectively enforcing
within its boundaries measures which are not less restrictive than such
regulations.
(e) To insure that the purposes of subsection (d) are carried out,
the Secretary shall undertake a continuing review of the laws and
regulations of all States to which subsection (d) applies or may apply
and to extent to which such laws and regulations are enforced.
Sec. 10. //16 USC 971h.// There are authorized to be appropriated
out of any moneys in the Treasury not otherwise appropriated, for fiscal
year 1976, the period beginning July 1, 1976, and ending September 30,
1976, and fiscal year 1977 such sums as may be necessary for carrying
out the purposes and provisions of this Act, including--,
(1) necessary travel expenses of the United States
Commissioners, Alternate United States Commissioners, and
authorized advisors in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731
of title 5, United States Code; and
(2) the United States share of the joint expenses of the
Commission as provided in article X of the convention.
Sec. 11. If any provision of this Act or the application of such
provision to any circumstance or persons shall be held invalid, the
validity of the remainder of the Act and the applicability of such
provision to other circumstances or persons shall not be affected
thereby. //16 USC 971 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 295 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 269 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 16, considered and passed House.
July 11, considered and passed Senate, amended.
July 22, House concurred in Senate amendments.
Public Law 94-69, 89 Stat 384, National Advisory Committee on Oceans
and Atmosphere, Appropriation Authorization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 7 of the
Act of August 16, 1971, as amended (Public Law 92 - 125, 85 Stat. 344;
Public Law 92 - 567, 86 Stat. 1181), //33 USC 857 - 12.// is amended to
read as follows: " There are hereby authorized to be approriated to the
Secretary of Commerce such sums as may be necessary for expenses
incident to the administration of this Act, not to exceed the following
amounts: (1) $400,000 for the fiscal year ending June 30, 1973, and for
each of the 2 fiscal years immediately thereafter; (2) $445,000 for the
fiscal year ending June 30, 1976; (3) $111,250 for the transitional
period (July 1 through September 30, 1976); and (4) $445,000 for the
fiscal year ending September 30, 1977.".
Sec. 2. Section 4 of such Act (33 U.S.C. 857 - 9) is amended--,
(1) by inserting after "review of" and before "the progress" the
following: "national ocean policy, coastal zone management, and"; and
(2) striking out "the President." at the end of the second sentence
thereof and inserting in lieu thereof "the President and the Congress.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 222 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 268 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 19, considered and passed House.
July 11, considered and passed Senate, amended.
July 24, House concurred in Senate amendments.
Public Law 94-68, 89 Stat 381, Emergency Farm Loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Consolidated
Farm and Rural Development Act (the Act) is amended as follows: //7 USC
1921 note.//
Sec. 2. Subsection (a) of section 321 of the Act //7 USC 1961.// is
amended to read: " The Secretary shall designate any area in the United
States, Puerto Rico, and the Virgin Islands as an emergency area if he
finds that a natural disaster has occurred in said area which
substantially affected farming, ranching, or aquaculture operations.
For purposes of this subtitle 'aquaculture' means husbandry of aquatic
organisms under a controlled or selected environment.".
Sec. 3. Subsection (b) of section 321 of the Act is amended as
follows:
(a) in the first sentence after the words "major disaster"
insert "or emergency", strike the words "oyster planters" and
"oyster planting" and insert in lieu thereof the words "persons
engaged in aquaculture" and "aquaculture", respectively; and
(b) delete everything after the first sentence, strike the
period, and insert: "and are unable to obtain sufficient credit
elsewhere to finance their actual needs at reasonable rates and
terms, taking into consideration prevailing private and
cooperative rates and terms in the community in or near which the
applicant resides for loans for similar purposes and periods of
time. The provisions of this subsection shall not be applicable
to loan applications filed prior to July 9, 1975.".
Sec. 4. Section 322 of the Act //7 USC 1962.// is amended to read:
" Loans may be made under this subtitle for any of the purposes
authorized for loans under subtitle A or B of this title, as well as for
crop or livestock changes deemed desirable by the applicant: Provided,
That such loans may include, but are not limited to, the amount of the
actual loss sustained as a result of the disaster.".
Sec. 5. Section 324 of the Act //7 USC 1964.// is amended to read:
" Loans made or insured under this Act shall be (1) at a rate of
interest not in excess of 5 per centum per annum on loans up to the
amount of the actual loss caused by the disaster, and (2) for any loans
or portions of loans in excess of that amount, the interest rate will be
that prevailing in the private market for similar loans, as determined
by the Secretary. All such loans shall be repayable at such times as
the Secretary may determine, taking into account the purposes of the
loan and the nature and effect of the disaster, but not later than
provided for loans for similar purposes under subtitles A and B of this
title, //7 USC 1922, 1941.// and upon the full personal liability of the
borrower and upon the best security available, as the Secretary may
prescribe: Provided, That the security is adequate to assure repayment
of the loans; except that if such security is not available because of
the disaster, the Secretary shall (i) accept as security such collateral
as is available, a portion or all of which may have depreciated in value
due to the disaster and which in the opinion of the Secretary, together
with his confidence in the repayment ability of the applicant, is
adequate security for the loan, and (ii) make such loan repayable at
such times as he may determine, not later than that provided under
subtitles A and B of this title, //7 USC 1922, 1941.// as justified by
the needs of the applicant: Provided further, That for any disaster
occurring after January 1, 1975, the Secretary, if the loan is for a
purpose described in subtitle B of this title, may make the loan
repayable at the end of a period of more than seven years, but not more
than twenty years, if the Secretary determines that the need of the loan
applicant justifies such a longer repayment period: Provided further,
That notwithstanding the provisions of any other law, any loan made by
the Small Business Administration in connection with a disaster
occurring on or after the date of enactment of this amendment under
section 7 (b) (1), (2), or (4) of the Small Business Act //15 USC 636.//
shall bear interest at the rate determined in the first paragraph
following section 7 (b) (8) of such Act for loans under paragraphs (3),
(5), (6), (7), or (8) of section 7 (b).".
Sec. 6. Section 325 of the Act //7 USC 1965.// is amended to read as
follows: " The Secretary may delegate authority to any State director
of the Farmers Home Administration to make emergency loans in any area
within a State of the United States, Puerto Rico, or the Virgin Islands
on the same terms and conditions set out in section 321 (a) //7 USC
1961.// without any formal area designation being made: Provided, That
the State director finds that a natural disaster has substantially
affected twenty-five or less farming, ranching, or aquaculture
operations in the area.".
Sec. 7. At the end of subtitle C of the Act, add a new section 329
//7 USC 1970.// stating: " An applicant seeking financial assistance
based on production losses must show that a single enterprise which
constitutes a basic part of his farming, ranching, or aquaculture
operation has sustained at least a 20 per centum loss of normal per acre
or per animal production as a result of the disaster.".
Sec. 8. At the end of subtitle C of the Act, add a new section 330
//7 USC 1971.// stating: " Subsequent loans, to continue the farming,
ranching, or aquaculture operation may be made under this subtitle on an
annual basis, for not to exceed five additional years, to eligible
borrowers, at the prevailing rate of interest in the private market for
similar loans as determined by the Secretary, when the financial
situation of the farming, ranching, or aquaculture operation has not
improved sufficiently to permit the borrower to obtain such financing
from other sources.".
Sec. 9. At the end of subtitle D of the Act, add a new section 345
//7 USC 1993.// to read as follows:
" Sec. 345. //7 USC 1993.// On or before February 15 of each
calendar year beginning with calendar year 1976, or such other date as
may be specified by the appropriate Committee, the Secretary of
Agriculture shall testify before the Senate Committee on Agriculture and
Forestry and the House Committee on Agriculture and provide
justification in detail of the amount requested in the budget to be
appropriated for the next fiscal year for the purposes authorized in the
Consolidated Farm and Rural Development Act, as amended, and of the
amounts estimated to be utilized during such fiscal year from the
Agricultural Credit Insurance Fund and the Rural Development Insurance
Fund". //7 USC 1921 note.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 211 (Comm. on Agriculture) and No. 94 - 378
(Comm. of Conference).
SENATE REPORTS: No. 94 - 59 (Comm. on Agriculture and Forestry) and
No. 94 - 290 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Mar. 26, considered and passed Senate.
July 9, considered and passed House, amended.
July 21, Senate agreed to conference report.
July 25, House agreed to conference report.
Public Law 94-67, 89 Stat 380.
Whereas this entire Nation has long recognized the outstanding
virtues of courage, patriotism, and selfless devotion to duty of General
R. E. Lee, and has recognized the contribution of General Lee in
healing the wounds of the War Between the States, and
Whereas, in order to further the goal of reunion of this country,
General Lee, on June 13, 1865, applied to the President for amnesty and
pardon and restoration of his rights as a citizen, and
Whereas this request was favorably endorsed by General Ulysses S.
Grant on June 16, 1865, and
Whereas, General Lee's full citizenship was not restored to him
subsequent to his request of June 13, 1865, for the reason that no
accompanying oath of allegiance was submitted, and
Whereas, on October 12, 1870, General Lee died, still denied the
right to hold any office and other rights of citizenship, and
Whereas a recent discovery has revealed that General Lee did in fact
on October 2, 1865, swear allegiance to the Constitution of the United
States and to the Union, and
Whereas it appears that General Lee thus fulfilled all of the legal
as well as moral requirements incumbent upon him for restoration of his
citizenship: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, in accordance with
section 3 of amendment 14 of the United States Constitution, // USC
prec. title 1.// the legal disabilities placed upon General Lee as a
result of his service as General of the Army of Northern Virginia are
removed, and that General R. E. Lee is posthumously restored to the full
rights of citizenship, effective June 13, 1865.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 324 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 44 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 10, considered and passed Senate.
July 22, considered and passed House.
Public Law 94-66, 89 Stat 379.
Resolved by the Senate and House of Representatives of the United
States of America 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
Doctor John Nicholas Brown, of Rhode Island, on June 13, 1975, be filled
by the reappointment of the present incumbent for the statutory term of
six years.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 248 accompanying H.J. Res. 353 (Comm. on House
Administration).
SENATE REPORT No. 94 - 123 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 14, considered and passed Senate.
July 21, considered and passed House, in lieu of H.J. Res.
353.
Public Law 94-65, 89 Stat 378.
Resolved by the Senate and House of Representatives of the United
States of America 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
Thomas J. Watson, Junior, of Connecticut, on June 17, 1975, be filled by
the reappointment of the present incumbent for the statutory term of six
years.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 249 accompanying H.J. Res. 354 (Comm. on House
Administration).
SENATE REPORT No. 94 - 122 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 14, considered and passed Senate.
July 21, considered and passed House, in lieu of H.J. Res.
354.
Public Law 94-64, 89 Stat. 370, Federal Rules of Criminal Procedure
Amendments Act of 1975.
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 " Federal Rules of Criminal Procedure Amendments Act of
1975". //18 USC 3771 note.//
Sec. 2. The amendments proposed by the United States Supreme Court
to the Federal Rules of Criminal Procedure which are embraced in the
order of that Court on April 22, 1974, are approved except as otherwise
provided in this Act and shall take effect on December 1, 1975. Except
with respect to the amendment to Rule 11, insofar as it adds Rule 11(
e)(6), which shall take effect on August 1, 1975, the amendments made by
section 3 of this Act shall also take effect on December 1, 1975. //18
USC 3771 note.//
Sec. 3. The Federal Rules of Criminal Procedure, //18 USC app.// as
amended by the amendments that were proposed by the United States
Supreme Court to the Federal Rules of Criminal Procedure which are
embraced by the order of that Court on April 22, 1974, are further
amended as follows:
(1) Rule 4 is amended by striking out subdivisions (a), (b), and (c),
and inserting in lieu thereof the following:
"(a) Issuance.--If it appears from the complaint, or from an
affidavit or affidavits filed with the complaint, that there is probable
cause to believe that an offense has been committed and that the
defendant has committed it, a warrant for the arrest of the defendant
shall issue to any officer authorized by law to execute it. Upon the
request of the attorney for the government a summons instead of a
warrant shall issue. More than one warrant or summons may issue on the
same complaint. If a defendant fails to appear in response to the
summons, a warrant shall issue.
"(b) Probable Cause.--The finding of probable cause may be based upon
hearsay evidence in whole or in part.".
(2) Rule 4 is further amended by redesignating subdivision (d) as
(c).
(3) Rule 4 is further amended by redesignating subdivision (e) as
(d), and paragraph (3) of such subdivision is amended to read as
follows:
"(3) Manner.--The warrant shall be executed by the arrest of the
defendant. The officer need not have the warrant in his possession at
the time of the arrest, but upon request he shall show the warrant to
the defendant as soon as possible. If the officer does not have the
warrant in his possession at the time of the arrest, he shall then
inform the defendant of the offense charged and of the fact that a
warrant has been issued. The summons shall be served upon a defendant
by delivering a copy to him personally, or by leaving it at his dwelling
house or usual place of abode with some person of suitable age and
discretion then residing therein and by mailing a copy of the summons to
the defendant's last known address.".
(4) Rule 9(a) is amended to read as follows:
"(a) Issuance.--Upon the request of the attorney for the government
the court shall issue a warrant for each defendant named in the
information, if it is supported by oath, or in the indictment. The
clerk shall issue a summons instead of a warrant upon the request of the
attorney for the government or by direction of the court. Upon like
request or direction he shall issue more than one warrant or summons for
the same defendant. He shall deliver the warrant or summons to the
marshal or other person authorized by law to execute or serve it. If a
defendant fails to appear in response to the summons, a warrant shall
issue.".
(5) Rule 11(c) is amended to read as follows:
"(c) Advice to Defendant.--Before accepting a plea of guilty or nolo
contendere, the court must address the defendant personally in open
court and inform him of, and determine that he understands, the
following:
"(1) the nature of the charge to which the plea is offered, the
mandatory minimum penalty provided by law, if any, and the maximum
possible penalty provided by law; and
"(2) if the defendant is not represented by an attorney, that
he has the right to be represented by an attorney at every stage
of the proceeding against him and, if necessary, one will be
appointed to represent him; and
"(3) that he has the right to plead not guilty or to persist in
that plea if it has been made, and that he has the right to be
tried by a jury and at that trial has the right to the assistance
of counsel, the right to confront and cross-examine witnesses
against him, and the right not to be compelled to incriminate
himself; and
"(4) that if he pleads guilty or nolo contendere there will not
be a further trial of any kind, so that by pleading guilty or nolo
contendere he waives the right to a trial; and
"(5) that if he pleads guilty or nolo contendere, the court may
ask him questions about the offense to which he has pleaded, and
if he answers these questions under oath, on the record, and in
the presence of counsel, his answers may later be used against him
in a prosecution for perjury or false statement.".
ui/uj) Rule 11(e)(1) is amended to read as follows:
"(1) In General.--The attorney for the government and the attorney
for the defendant or the defendant when acting pro se may engage in
discussions with a view toward reaching an agreement that, upon the
entering of a plea of guilty or nolo contendere to a charged offense or
to a lesser or related offense, the attorney for the government will do
any of the following:
"(A) move for dismissal of other charges; or
"(B) make a recommendation, or agree not to oppose the
defendant's request, for a particular sentence, with the
understanding that such recommendation or request shall not be
binding upon the court; or
"(C) agree that a specific sentence is the appropriate
disposition of the case.
The court shall not participate in any such discussions.".
(7) Rule 11(e)(2) is amended to read as follows:
"(2) Notice of Such Agreement.--If a plea agreement has been reached
by the parties, the court shall, on the record, require the disclosure
of the agreement in open court or, on a showing of good cause, in
camera, at the time the plea is offered. Thereupon the court may accept
or reject the agreement, or may defer its decision as to the acceptance
or rejection until there has been an opportunity to consider the
presentence report.".
(8) Rule 11(e)(3) is amended to read as follows:
"(3) Acceptance of a Plea Agreement.--If the court accepts the plea
agreement, the court shall inform the defendant that it will embody in
the judgment and sentence the disposition provided for in the plea
agreement.".
(9) Rule 11(e)(4) is amended to read as follows:
"(4) Rejection of a Plea Agreement.--If the court rejects the plea
agreement, the court shall, on the record, inform the parties of this
fact, advise the defendant personally in open court or, on a showing of
good cause, in camera, that the court is not bound by the plea
agreement, afford the defendant the opportunity to then withdraw his
plea, and advise the defendant that if he persists in his guilty plea or
plea of nolo contendere the disposition of the case may be less
favorable to the defendant than that contemplated by the plea
agreement.".
(10) Rule 11(e)(6) is amended to read as follows:
"(6) Inadmissibility of Pleas, Offers of Pleas, and Related
Statements.--Except as otherwise provided in this paragraph, evidence of
a plea of guilty, later withdrawn, or a plea of nolo contendere, or of
an offer to plead guilty or nolo contendere to the crime charged or any
other crime, or of statements made in connection with, and relevant to,
any of the foregoing pleas or offers, is not admissible in any civil or
criminal proceeding against the person who made the plea or offer.
However, evidence of a statement made in connection with, and relevant
to, a plea of guilty, later withdrawn, a plea of nolo contendere, or an
offer to plead guilty or nolo contendere to the crime charged or any
other crime, is admissible in a criminal proceeding for perjury or false
statement if the statement was made by the defendant under oath, on the
record, and in the presence of counsel."
(11) Rule 12(e) is amended to read as follows:
"(e) Ruling on Motion.--A motion made before trial shall be
determined before trial unless the court, for good cause, orders that it
be deferred for determination at the trial of the general issue or until
after verdict, but no such determination shall be deferred if a party's
right to appeal is adversely affected. Where factual issues are
involved in determining a motion, the court shall state its essential
findings on the record.".
(12) Rule 12(h) is amended to read as follows:
"(h) Effect of Determination.--If the court grants a motion based on
a defect in the institution of the prosecution or in the indictment or
information, it may also order that the defendant be continued in
custody or that his bail be continued for a specified time pending the
filing of a new indictment or information. Nothing in this rule shall
be deemed to affect the provisions of any Act of Congress relating to
periods of limitations.".
(13) Rule 12.1 is amended to read as follows:
"(a) Notice by Defendant.--Upon written demand of the attorney for
the government stating the time, date, and place at which the alleged
offense was committed, the defendant shall serve within ten days, or at
such different time as the court may direct, upon the attorney for the
government a written notice of his intention to offer a defense of
alibi. Such notice by the defendant shall state the specific place or
places at which the defendant claims to have been at the time of the
alleged offense and the names and addresses of the witnesses upon whom
he intends to rely to establish such alibi.
"(b) Disclosure of Information and Witness.--Within ten days
thereafter, but in no event less than ten days before trial, unless the
court otherwise directs, the attorney for the government shall serve
upon the defendant or his attorney a written notice stating the names
and addresses of the witnesses upon whom the government intends to rely
to establish the defendant's presence at the scene of the alleged
offense and any other witnesses to be relied on to rebut testimony of
any of the defendant's alibi witnesses.
"(c) Continuing Duty To Disclose.--If prior to or during trial, a
party learns of an additional witness whose identity, if known, should
have been included in the information furnished under subdivision (a) or
(b), the party shall promptly notify the other party or his attorney of
the existence and identity of such additional witness.
"(d) Failure To Comply.--Upon the failure of either party to comply
with the requirements of this rule, the court may exclude the testimony
of any undisclosed witness offered by such party as to the defendant's
absence from or presence at, the scene of the alleged offense. This
rule shall not limit the right of the defendant to testify in his own
behalf.
"(e) Exceptions.--For good cause shown, the court may grant an
exception to any of the requirements of subdivisions (a) through (d) of
this rule.
"(f) Inadmissibility of Withdrawn Alibi.--Evidence of an intention to
rely upon an alibi defense, later withdrawn, or of statements made in
connection with such intention, is not admissible in any civil or
criminal proceeding against the person who gave notice of the
intention.".
(14) Rule 12.2(c) is amended to read as follows:
"(c) Psychiatric Examination.--In an appropriate case the court may,
upon motion of the attorney for the government, order the defendant to
submit to a psychiatric examination by a psychiatrist designated for
this purpose in the order of the court. No statement made by the
accused in the course of any examination provided for by this rule,
whether the examination shall be with or without the consent of the
accused, shall be admitted in evidence against the accused on the issue
of guilt in any criminal proceeding.".
(15) Rule 15(a) is amended to read as follows:
"(a) When Taken.--Whenever due to exceptional circumstances of the
case it is in the interest of justice that the testimony of a
prospective witness of a party be taken and preserved for use at trial,
the court may upon motion of such party and notice to the parties order
that testimony of such witness be taken by deposition and that any
designated book, paper, document, record, recording, or other material
not privileged, be produced at the same time and place. If a witness is
committed for failure to give bail to appear to testify at a trial or
hearing, the court on written motion of the witness and upon notice to
the parties may direct that his deposition be taken. After the
deposition has been subscribed the court may discharge the witness.".
(16) Rule 15(b) is amended to read as follows:
"(b) Notice of Taking.--The party at whose instance a deposition is
to be taken shall give to every party reasonable written notice of the
time and place for taking the deposition. The notice shall state the
name and address of each person to be examined. On motion of a party
upon whom the notice is served, the court for cause shown may extend or
shorten the time or change the place for taking the deposition. The
officer having custody of a defendant shall be notified of the time and
place set for the examination and shall, unless the defendant waives in
writing the right to be present, produce him at the examination and keep
him in the presence of the witness during the examination, unless, after
being warned by the court that disruptive conduct will cause him to be
removed from the place of the taking of the deposition, he persists in
conduct which is such as to justify his being excluded from that place.
A defendant not in custody shall have the right to be present at the
examination upon request subject to such terms as may be fixed by the
court, but his failure, absent good cause shown, to appear after notice
and tender of expenses in accordance with subdivision (c) of this rule
shall constitute a waiver of that right and of any objection to the
taking and use of the deposition based upon that right.".
(17) Rule 15(c) is amended to read as follows:
"(c) Payment of Expenses.--Whenever a deposition is taken at the
instance of the government, or whenever a deposition is taken at the
instance of a defendant who is unable to bear the expenses of the taking
of the deposition, the court may direct that the expense of travel and
subsistence of the defendant and his attorney for attendance at the
examination and the cost of the transcript of the deposition shall be
paid by the government.".
(18) Rule 15 (e) is amended by striking out "as defined in
subdivision (g) of this rule" and inserting in lieu thereof the
following: "as unavailability is defined in Rule 804(a) of the Federal
Rules of Evidence".
(19) Rule 15(g) is deleted and subdivision (h) is redesignated as
(g).
(20) Rule 16(a) (1) (A) is amended to read as follows:
"(A) Statement of Defendant.--Upon request of a defendant the
government shall permit the defendant to inspect and copy or
photograph: any relevant written or recorded statements made by
the defendant, or copies thereof, within the possession, custody
or control of the government, the existence of which is known, or
by the exercise of due diligence may become known, to the attorney
for the government; the substance of any oral statement which the
government intends to offer in evidence at the trial made by the
defendant whether before or after arrest in response to
interrogation by any person then known to the defendant to be a
government agent; and recorded testimony of the defendant before
a grand jury which relates to the offense charged. Where the
defendant is a corporation, partnership, association or labor
union, the court may grant the defendant, upon its motion,
discovery of relevant recorded testimony of any witness before a
grand jury who (1) was, at the time of his testimony, so situated
as an officer or employee as to have been able legally to bind the
defendant in respect to conduct constituting the offense, or (2)
was, at the time of the offense, personally involved in the
alleged conduct constituting the offense and so situated as an
officer or employee as to have been able legally to bind the
defendant in respect to that alleged conduct in which he was
involved.".
(21) Rule 16(a) (1) (B) is amended to read as follows:
"(B) Defendant's Prior Record.--Upon request of the defendant,
the government shall furnish to the defendant such copy of his
prior criminal record, if any, as is within the possession,
custody, or control of the government, the existence of which is
known, or by the exercise of due diligence may become known, to
the attorney for the government.".
(22) Rule 16(a)(1)(D) is amended to read as follows:
"(D) Reports of Examinations and Tests.--Upon request of a
defendant the government shall permit the defendant to inspect and
copy or photograph any results or reports of physical or mental
examinations, and of scientific tests or experiments, or copies
thereof, which are within the possession, custody, or control of
the government, the existence of which is known, or by the
exercise of due diligence may become known, to the attorney for
the government, and which are material to the preparation of the
defense or are intended for use by the government as evidence in
chief at the trial.".
(23) Rule 16(a) (1) (E) is deleted.
(24) Rule 16(b) (1) (A) is amended to read as follows:
"(A) Documents and Tangible Objects.--If the defendant requests
disclosure under subdivision (a) (1) (C) or (D) of this rule, upon
compliance with such request by the government, the defendant, on
request of the government, shall permit the government to inspect
and copy or photograph books, papers, documents, photographs,
tangible objects, or copies or portions thereof, which are within
the possession, custody, or control of the defendant and which the
defendant intends to introduce as evidence in chief at the
trial.".
(25) Rule 16(b) (1) (B) is amended to read as follows:
"(B) Reports of Examinations and Tests.--If the defendant
requests disclosure under subdivision (a) (1) (C) or (D) of this
rule, upon compliance with such request by the government, the
defendant, on request of the government, shall permit the
government to inspect and copy or photograph any results or
reports of physical or mental examinations and of scientific tests
or experiments made in connection with the particular case, or
copies thereof, within the possession or control of the defendant,
which the defendant intends to introduce as evidence in chief at
the trial or which were prepared by a witness whom the defendant
intends to call at the trial when the results or reports relate to
his testimony.".
(26) Rule 16(b) (1) (C) is deleted.
(27) Rule 16(c) is amended to read as follows:
"(c) Continuing Duty To Disclose.--If, prior to or during trial, a
party discovers additional evidence or material previously requested or
ordered, which is subject to discovery or inspection under this rule.
he shall promptly notify the other party or his attorney or the court of
the existence of the additional evidence or material.".
(28) Rule 16(d) (1) is amended to read as follows:
"(1) Protective and Modifying Orders.--Upon a sufficient showing the
court may at any time order that the discovery or inspection be denied,
restricted, or deferred, or make such other order as is appropriate.
Upon motion by a party, the court may permit the party to make such
showing, in whole or in part, in the form of a written statement to be
inspected by the judge alone. If the court enters an order granting
relief following such an ex parte showing, the entire text of the
party's statement shall be sealed and preserved in the records of the
court to be made available to the appellate court in the event of an
appeal.".
(29) Rule 17(f) (2) is amended to read as follows:
"(2) Place.--The witness whose deposition is to be taken may be
required by subpoena to attend at any place designated by the trial
court, taking into account the convenience of the witness and the
parties.".
(30) Rule 20(d) is amended to read as follows:
"(d) Juveniles.--A juvenile (as defined in 18 U.S.C. sec. 5031) who
is arrested, held, or present in a district other than that in which he
is alleged to have committed an act in violation of a law of the United
States not punishable by death or life imprisonment may, after he has
been advised by counsel and with the approval of the court and the
United States attorney for each district, consent to be proceeded
against as a juvenile delinquent in the district in which he is
arrested, held, or present. The consent shall be given in writing
before the court but only after the court has apprised the juvenile of
his rights, including the right to be returned to the district in which
he is alleged to have committed the act, and of the consequences of such
consent.".
(31) Rule 32(a) (1) is amended to read as follows:
"(1) Imposition of Sentence.--Sentence shall be imposed without
unreasonable delay. Before imposing sentence the court shall afford
counsel an opportunity to speak on behalf of the defendant and shall
address the defendant personally and ask him if he wishes to make a
statement in his own behalf and to present any information in mitigation
of punishment. The attorney for the government shall have an equivalent
opportunity to speak to the court.".
(32) Rule 32(c) (1) is amended to read as follows:
"(1) When Made.--The probation service of the court shall make a
presentence investigation and report to the court before the imposition
of sentence or the granting of probation unless, with the permission of
the court, the defendant waives a presentence investigation and report,
or the court finds that there is in the record information sufficient to
enable the meaningful exercise of sentencing discretion, and the court
explains this finding on the record.
" The report shall not be submitted to the court or its contents
disclosed to anyone unless the defendant has pleaded guilty or nolo
contendere or has been found guilty, except that a judge may, with the
written consent of the defendant, inspect a presentence report at any
time.".
(33) Rule 32(c) (3) (A) is amended to read as follows:
"(A) Before imposing sentence the court shall upon request
permit the defendant, or his counsel if he is so represented, to
read the report of the presentence investigation exclusive of any
recommendation as to sentence, but not to the extent that in the
opinion of the court the report contains diagnostic opinion which
might seriously disrupt a program of rehabilitation, sources of
information obtained upon a promise of confidentiality, or any
other information which, if disclosed, might result in harm,
physical or otherwise, to the defendant or other persons; and the
court shall afford the defendant or his counsel an opportunity to
comment thereon and, at the discretion of the court, to introduce
testimony or other information relating to any alleged factual
inaccuracy contained in the presentence report.".
(34) Rule 32(c) (3) (D) is amended to read as follows:
"(D) Any copies of the presentence investigation report made
available to the defendant or his counsel and the attorney for the
government shall be returned to the probation officer immediately
following the imposition of sentence or the granting of probation,
unless the court, in its discretion otherwise directs.".
(35) Rule 43(b) (2) is amended to read as follows:
"(2) after being warned by the court that disruptive conduct
will cause him to be removed from the courtroom, persists in
conduct which is such as to justify his being excluded from the
courtroom.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 247 (Comm. on the Judiciary) and No. 94 -
414 (Comm. of Conference).
Senate Report No. 94 - 336 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 6, 16, 18, 23, considered and passed House.
July 17, considered and passed Senate, amended.
July 30, House and Senate agreed to conference report.
Public Law 94-63, 89 Stat 304, Special Health Revenue Sharing Act of
1975.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. This title may be cited as the " Special Health Revenue
Sharing Act of 1975". //42 USC 201 note.//
Sec. 102. Effective with respect to grants made under section 314(
d) of the Public Health Service Act //42 USC 246 note.// from
appropriations under that section for fiscal years beginning after June
30, 1975, section 314(d) of the Public Health Service Act //42 USC
246.// is amended to read as follows:
"(d)(1) From allotments made pursuant to paragraph (4), the Secretary
shall make grants to State health and mental health authorities to
assist in meeting the costs of providing comprehensive public health
services.
"(2) No grant may be made under paragraph (1) to the State health or
mental health authority of any State 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 shall contain such
information as the Secretary may require, and shall contain or be
supported by assurances satisfactory to the Secretary that--,
"(A) the comprehensive public health services provided within the
State will be provided in accordance with the State plan prepared in
accordance with section 1524(c)(2) //42 USC 300m-3.// or the State plan
approved under section 314(a), whichever is applicable;
"(B) funds received under grants under paragraph (1) will (i) be used
to supplement and, to the extent practical, to increase the level of
non-Federal funds that would otherwise be made available for the
purposes for which the grant funds are provided, and (ii) not be used to
supplant such non-Federal funds;
"(C) the State health authority, and, with respect to mental health
activities, the State mental health authority will--,
"(i) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper disbursement
of and accounting for funds received under grants under paragraph
(1);
"(ii) from time to time, but not less often than annually,
report to the Secretary (through a uniform national reporting
system and by such categories as the Secretary may prescribe) a
description of the comprehensive public health services provided
in the State in the fiscal year for which the grant applied for is
made and the amount of funds obligated in such fiscal year for the
provision of each such category of services; and
"(iii) make such reports (in such form and containing such
information as the Secretary may prescribe) as the Secretary may
reasonably require, and keep such records and afford such access
thereto as the Secretary may find necessary to assure the
correctness of, and to verify, such reports;
"(D) the State mental health authority will--,
"(i) establish and carry out a plan which--,
"(I) is designed to eliminate inappropriate placement in
institutions of persons with mental health problems, to insure the
availability of appropriate noninstitutional services for such
persons, and to improve the quality of care for those with mental
health problems for whom institutional care is appropriate; and
"(II) shall include fair and equitable arrangements (as
determined by the Secretary after consultation with the Secretary
of Labor) to protect the interests of employees affected by
actions described in subclause (I), including arrangements
designed to preserve employee rights and benefits and to provide
training and retraining of such employees where necessary and
arrangements under which maximum efforts will be made to guarantee
the employment of such employees;
"(ii) prescribe and provide for the enforcement of minimum
standards for the maintenance and operation of mental health
programs and facilities (including community mental health
centers) with the State; and
"(iii) provide for assistance to courts and other public
agencies and to appropriate private agencies to facilitate (I)
screening by community mental health centers (or, if there are no
such centers, other appropriate entities) of residents of the
State who are being considered for inpatient care in a mental
health facility to determine if such care is necessary, and (II)
provision of followup care by community mental health centers (or
if there are no such centers, by other appropriate entities) for
residents of the State who have been discharged from mental health
facilities.
"(3) The Secretary shall review annually the activities undertaken by
each State with an approved application to determine if the State
complied with the assurances provided with the application. The
Secretary may not approve an application submitted under paragraph (2)
if the Secretary determines--,
"(A) that the State for which the application was submitted did not
comply with assurances provided with a prior application under paragraph
(2), and
"(B) that he cannot be assured that the State will comply with the
assurances provided with the application under consideration.
"(4) For the purpose of determining the total amount of grants that
may be made to the State health and mental authorities of each State,
the Secretary shall, in each fiscal year and in accordance with
regulations, allot the sums appropriated for such year under paragraph
(7) among the States on the basis of the population and the financial
need of the respective States. The populations of the States shall be
determined on the basis of the latest figures for the population of the
States available from the Department of Commerce.
"(5) The Secretary shall determine the amount of any grant under
paragraph (1); but the amount of grants made in any fiscal year to the
public and mental health authorities of any State may not exceed the
amount of the State's allotment available for obligation in such fiscal
year. Payments under such grants may be made in advance or by way of
reimbursement, and at such intervals and on such conditions, as the
Secretary finds necessary.
"(6) In any fiscal year--,
"(A) not less than 15 per centum of a State's allotment under
paragraph (4) shall be made available only for grants under paragraph
(1) to the State's mental health authority for the provision of mental
health services; and
"(B) not less than--,
"(i) 70 per centum of the amount of a State's allotment which
is made available for grants to the mental health authority, and
"(ii) 70 per centum of the remainder of the State's allotment,
shall be available only for the provision services in communities of the
State.
"(7)(A) For payments under grants under paragraph (1) there are
authorized to be appropriated $100,000,000 for fiscal year 1976, and
$110,000,000 for fiscal year 1977.
"(B) For payments under grants under paragraph (1) for establishing
and maintaining programs, described in applications under paragraph (2),
for the screening, detection, diagnosis, prevention, and referral for
treatment of hypertension there are authorized to be appropriated
$15,000,000 for fiscal year 1976, and $15,000,000 for fiscal year
1977.".
Sec. 201. This title may be cited as the " Family Planning and
Population Research Act of 1975". //42 USC 300 note.//
Sec. 202. (a) Section 1001(c) of the Public Health Service Act //42
USC 300.// is amended (1) by striking out "and" after "1973;" and (2) by
inserting after "1975" the following: "; $115,000,000 for fiscal year
1976; and $115,000,000 for fiscal year 1977".
(b) Section 1003(b) of such Act //42 USC 300a-1.// is amended (1) by
striking out "and" after "1973;" and (2) by inserting after "1975" the
following: "; $4,000,000 for fiscal year 1976; and $5,000,000 for
fiscal year 1977".
(c) Section 1004 of such Act //42 USC 300a-2.// is amended to read as
follows:
" Sec. 1004. (a) The Secretary may--,
"(1) conduct, and
"(2) make grants to public or nonprofit private entities and
enter into contracts with public or private entities and
individuals for projects for,
research in the biomedical, contraceptive development, behavioral, and
program implementation fields related to family planning and population.
"(b)(1) To carry out subsection (a) there are authorized to be
appropriated $55,000,000 for fiscal year 1976, and $60,000,000 for
fiscal year 1977.
"(2) No funds appropriated under any provision of this Act (other
than this subsection) may be used to conduct or support the research
described in subsection (a)."
(d) Section 1005(b) of such Act //42 USC 300a-3.// is amended (1) by
striking out "and" after "1973;" and (2) by inserting after "1975" the
following: "; $2,000,000 for fiscal year 1976; and $2,500,000 for
fiscal year 1977".
Sec. 203. (a) Title X of such Act //42 USC 300.// is amended by
inserting after section 1008 //42 USC 300a-6.// the following new
section:
" Sec. 1009. (a) Not later than seven months after the close of each
fiscal year, //42 USC 300a-6a.// the Secretary shall make a report to
the Congress setting forth a plan to be carried out over the next five
fiscal years for--,
"(1) extension of family planning services to all persons
desiring such services,
"(2) family planning and population research programs,
"(3) training of necessary manpower for the programs authorized
by this title and other Federal laws for which the Secretary has
responsibility and which pertain to family planning, and
"(4) carrying out the other purposes set forth in this title
and the Family Planning Services and Population Research Act of
1970. //42 USC 300 note.//
"(b) Such a plan shall, at a minimum, indicate on a phased basis--,
"(1) the number of individuals to be served by family planning
programs under this title and other Federal laws for which the
Secretary has responsibility, the types of family planning and
population growth information and educational materials to be
developed under such laws and how they will be made available, the
research goals to be reached under such laws, and the manpower to
be trained under such laws;
"(2) an estimate of the costs and personnel requirements needed
to meet the purposes of this title and other Federal laws for
which the Secretary has responsibility and which pertain to family
planning programs; and
"(3) the steps to be taken to maintain a systematic reporting
system capable of yielding comprehensive data on which service
figures and program evaluations for the Department of Health,
Education, and Welfare shall be based.
"(c) Each report submitted under subsection (a) shall--,
"(1) compare results achieved during the preceding fiscal year
with the objectives established for such year under the plan
contained in the previous such report;
"(2) indicate steps being taken to achieve the objectives
during the fiscal years covered by the plan contained in such
report and any revisions to plans in previous reports necessary to
meet these objectives; and
"(3) make recommendations with respect to any additional
legislative or administrative action necessary or desirable in
carrying out the plan contained in such report."
(b) Section 5 of the Family Planning Services and Population Research
Act of 1970 //42 USC 3505c.// is repealed.
Sec. 204. (a) Section 1001(a) of the Public Health Service Act //42
USC 300.// is amended by striking out "family planning projects" and
inserting in lieu thereof "family planning projects which shall offer a
broad range of acceptable and effective family planning methods
(including natural family planning methods)".
(b) Section 1001(b) of such Act //42 USC 300.// is amended by adding
at the end thereof the following new sentence: " Local and regional
entities shall be assured the right to apply for direct grants and
contracts under this section, and the Secretary shall by regulation
fully provide for and protect such right.".
(c) Section 1006(a) of such Act //42 USC 300a-4.// is amended by
adding at the end thereof the following new sentence: " The amount of
any grant under any section of this title shall be determined by the
Secretary; except that no grant under any such section for any program
of project for a fiscal year beginning after June 30, 1975, may be made
for less than 90 per centum of its costs (as determined under
regulations of the Secretary) unless the grant is to be made for a
program or project for which a grant was made (under the same section)
for the fiscal year ending June 30, 1975, for less than 90 per centum of
its costs (as so determined), in which case a grant under such section
for that program or project for a fiscal year beginning after that date
may be made for a percentage which shall not be less than the percentage
of its costs for which the fiscal year 1975 grant was made.".
(d) The last sentence of section 1006(c) of such Act //42 USC
300a-4.// is amended by inserting immediately before the period the
following: "so as to insure that economic status shall not be a
deterrent to participation in the programs assisted under this title".
Sec. 205. //42 USC 300a-8.// Any--,
(1) officer or employee of the United States,
(2) officer or employee of any State, political subdivision of
a State, or any other entity, which administers or supervises the
administration of any program receiving Federal financial
assistance, or
(3) person who receives, under any program receiving Federal
financial assistance, compensation for services,
who coerces or endeavors to coerce any person to undergo an abortion or
sterilization procedure by threatening such person with the loss of, or
disqualification for the receipt of, any benefit or service under a
program receiving Federal financial assistance shall be fined not more
than $1,000 or imprisoned for not more than one year, or both.
Sec. 301. This title may be cited as the " Community Mental Health
Centers Amendments of 1975". //42 USC 2689 note.//
Sec. 302. (a) The Congress finds that--, //42 USC 2689 note.//
(1) community mental health care is the most effective and humane
form of care for a majority of mentally ill individuals;
(2) the federally funded community mental health centers have had a
major impact on the improvement of mental health care by--,
(A) fostering coordination and cooperation between various
agencies responsible for mental health care which in turn has
resulted in a decrease in overlapping services and more efficient
utilization of available resources,
(B) bringing comprehensive community mental health care to all
in need within a specific geographic area regardless of ability to
pay, and
(C) developing a system of care which insures continuity of
care for all patients,
and thus are a national resource to which all Americans should enjoy
acess; and
(3) there is currently a shortage and maldistribution of quality
community health care resources in the United States.
(b) The Congress further declares that Federal funds should continue
to be made available for the purposes of initiating new and continuing
existing community mental health centers and initiating new services
within existing centers, and for the monitoring of the performance of
all federally funded centers to insure their responsiveness to community
needs and national goals relating to community mental health care.
Sec. 303. The Community Mental Health Centers Act is amended to read
as follows: //42 USC 2681 note.//
" Sec. 201. (a) For purposes of this title (other than part B
thereof), //42 USC 2689.// the term 'community mental health center'
means a legal entity (1) through which comprehensive mental health
services are provided--,
"(A) principally to individuals residing in a defined geographic area
(referred to in this title as a 'catchment area'),
"(B) within the limits of its capacity, to any individual residing or
employed in such area regardless of his ability to pay for such
services, his current or past health condition, or any other factor, and
"(C) in the manner prescribed by subsection (b), and (2) which is
organized in the manner prescribed by subsections (c) and (d).
"(b)(1) The comprehensive mental health services which shall be
provided through a community mental health center shall include--,
"(A) inpatient services, outpatient services, day care and other
partial hospitalization services, and emergency services;
"(B) a program of specialized services for the mental health of
children, including a full range of diagnostic, treatment, liaison, and
followup services (as prescribed by the Secretary);
"(C) a program of specialized services for the mental health of the
elderly, including a full range of diagnostic, treatment, liaison, and
followup services (as prescribed by the Secretary);
"(D) consultation and education services which--,
"(i) are for a wide range of individuals and entities involved
with mental health services, including health professionals,
schools, courts, State and local law enforcement and correctional
agencies, members of the clergy, public welfare agencies, health
services delivery agencies, and other appropriate entities; and
"(ii) include a wide range of activities (other than the
provision of direct clinical services) designed to (I) develop
effective mental health programs in the center's catchment area,
(II) promote the coordination of the provision of mental health
services among various entities serving the center's catchment
area, (III) increase the awareness of the residents of the
center's catchment area of the nature of mental health problems
and the types of mental health services available, and (IV)
promote the prevention and control of rape and the proper
treatment of the victims of rape;
"(E) assistance to courts and other public agencies in screening
residents of the center's catchment area who are being considered for
referral to a State mental health facility for inpatient treatment to
determine if they should be so referred and provision, where
appropriate, of treatment for such persons through the center as an
alternative to inpatient treatment at such a facility;
"(F) provision of followup care for residents of its catchment area
who have been discharged from a mental health facility;
"(G) a program of transitional half-way house services for mentally
ill individuals who are residents of its catchment area and who have
been discharged from a mental health facility or would without such
services require inpatient care in such a facility; and
"(H) provision of each of the following service programs (other than
a service program for which there is not sufficient need (as determined
by the Secretary) in the center's catchment area, or the need for which
in the center's catchment area the Secretary determines is currently
being met):
"(i) A program for the prevention and treatment of alcoholism
and alcohol abuse and for the rehabilitation of alcohol abusers
and alcoholics.
"(ii) A program for the prevention and treatment of drug
addiction and abuse and for the rehabilitation of drug addicts,
drug abusers, and other persons with drug dependency problems.
"(2) The provision of comprehensive mental health services through a
center shall be coordinated with the provision of services by other
health and social service agencies (including State mental health
facilities) in or serving residents of the center's catchment area to
insure that persons receiving services through the center have access to
all such health and social services as they may require. The center's
services (A) may be provided at the center or satellite centers through
the staff of the center or through appropriate arrangements with health
professionals and others in the center's catchment area, (B) shall be
available and accessible to the residents of the area promptly, as
appropriate, and in a manner which preserves human dignity and assures
continuity and high quality care and which overcomes geographic,
cultural, linguistic, and economic barriers to the receipt of services,
and (C) when medically necessary, shall be available and accessible
twenty-four hours a day and seven days a week.
"(c)(1)(A) The governing body of a community mental health center
(other than a center described in subparagraph (B)) shall (i) be
composed, where practicable, of individuals who reside in the center's
catchment area and who, as a group, represent the residents of that area
taking into consideration their employment, age, sex, and place of
residence, and other demographic characteristics of the area, and (ii)
meet at least once a month, establish general policies for the center
(including a schedule of hours during which services will be provided),
approve the center's annual budget, and approve the selection of a
director for the center. At least one-half of the members of such body
shall be individuals who are not providers of health care.
"(B) In the case of a community mental health center which before the
date of enactment of the Community Mental Health Centers Amendments of
1975 was operated by a governmental agency and received a grant under
section 220 //42 USC 2688.// (as in effect before such date), the
requirements of subparagraph (A) shall not apply with respect to such
center, but the governmental agency operating the center shall appoint a
committee to advise it with respect to the operations of the center,
which committee shall be composed of individuals who reside in the
center's catchment area, who are representative of the residents of the
area as to employment, age, sex, place of residence, and other
demographic characteristics, and at least one-half of whom are not
providers of health care.
"(2) For purposes of subparagraphs (A) and (B) of paragraph (1), the
term 'provider of health care' means an individual--,
"(A) who is a direct provider of health care (including a physician,
dentist, nurse, podiatrist, or physician assistant) in that (i) the
individual's primary current activity is the provision of health care to
individuals or the administration of facilities or institutions
(including hospitals, long-term care facilities, outpatient facilities,
and health maintenance organizations) in which such care is provided,
and (ii) when required by State law, the individual has received
professional training in the provision of such care or in such
administration and is licensed or certified for such provision or
administration; or
"(B) who is an indirect provider of health care in that the
individual--,
"(i) holds a fiduciary position with, or has a fiduciary
interest in, any entity described in subclause (II) or (IV) of
clause (ii);
"(ii) receives (either directly or through his spouse) more
than one-tenth of his gross annual income from any one or
combination of the following:
"(I) Fees or other compensation for research into or
instruction in the provision of health care.
"(II) Entities engaged in the provision of health care or in
such research or instruction.
"(III) Producing or supplying drugs or other articles for
individuals or entities for use in the provision of, in research
into, or instruction in the provision of, health care.
"(IV) Entities engaged in producing drugs or such other
articles.
"(iii) is a member of the immediate family of an individual
described in subparagraph (A) or in clause (i), (ii), or (iv) of
subparagraph (B); or
"(iv) is engaged in issuing any policy or contract of
individual or group health insurance or hospital or medical
service benefits.
"(d) A center shall have established, in accordance with regulations
prescribed by the Secretary, (1) an ongoing quality assurance program
(including utilization and peer review systems) respecting the center's
services, (2) an integrated medical records system (including a drug use
profile) which, in accordance with applicable Federal and State laws
respecting confidentiality, is designed to provide access to all past
and current information regarding the health status of each patient and
to maintain safeguards to preserve confidentiality and to protect the
rights of the patient, (3) a professional advisory board, which is
composed of members of the center's professional staff, to advise the
governing board in establishing policies governing medical and other
services provided by such staff on behalf of the center, and (4) an
identifiable administrative unit which shall be responsible for
providing the consultation and education services described in
subsection (b)(1)(D). The Secretary may waive the requirements of clause
(4) with respect to any center if he determines that because of the size
of such center or because of other relevant factors the establishment of
the administrative unit described in such clause is not warranted.
" Sec. 202. //42 USC 2689a.// (a) The Secretary may make grants to
public and nonprofit private entities to carry out projects to plan
community mental health center programs. In connection with a project
to plan a community mental health center program for an area the grant
recipient shall (1) assess the needs of the area for mental health
services, (2) design a community mental health center program for the
area based on such assessment, (3) obtain within the area financial and
professional assistance and support for the program, and (4) initiate
and encourage continuing community involvement in the development and
operation of the program. The amount of any grant under this subsection
may not exceed $75,000.
"(b) A grant under subsection (a) for a project shall be made for its
costs for the one-year period beginning on the first day of the month in
which the grant is made; and, if a grant is made under such subsection
for a project, no other grant may be made for such project under such
subsection.
"(c) The Secretary shall give special consideration to applications
submitted for grants under subsection (a) for projects for community
mental health centers programs for areas designated by the Secretary as
urban or rural poverty areas. No applications for a grant under
subsection (a) may be approved unless the application is recommended for
approval by the National Advisory Mental Health Council.
"(d) There are authorized to be appropriated for payments under
grants under subsection (a) $3,750,000 for the fiscal year 1976, and
$3,750,000 for the fiscal year 1977.
" Sec. 203. //42 USC 2689b.// (a)(1) The Secretary may make grants
to--,
"(A) public and nonprofit private community mental health centers,
and
"(B) any public or nonprofit private entity which--,
"(i) is providing mental health services,
"(ii) meets the requirements of section 201 except that it is
not providing all of the comprehensive mental health services
described in subsection (b)(1) of such section, and
"(iii) has a plan satisfactory to the Secretary for the
provision of all such services within two years after the date of
the receipt of the first grant under this subsection,
to assist them in meeting their costs of operation (other than costs
related to construction).
"(2) Grants under subsection (a) may only be made for a grantee's
costs of operation during the first eight years after its establishment.
In the case of a community mental health center or other entity which
received a grant under section 220 //42 USC 2688.// (as in effect before
the date of enactment of the Community Mental Health Centers Amendments
of 1975), such center or other entity shall, for purposes of grants
under subsection (a), be considered as having been in operation for a
number of years equal to the sum of the number of grants in the first
series of grants it received under such section and the number of grants
it has received under this subsection.
"(b) (1) Each grant under subsection (a) to a community mental health
center or other entity shall be made for the costs of its operation for
the one-year period beginning on the first day of the month in which
such grant is made.
"(2) No community mental health center may receive more than eight
grants under subsection (a). No entity described in subsection (a)(1)(
B) may receive more than two grants under subsection (a). In
determining the number of grants that a community mental health center
has received under subsection (a), there shall be included any grants
which the center received under such subsection as an entity described
in paragraph (1)(B) of such subsection.
"(c) The amount of a grant for any year made under subsection (a)
shall be the lesser of the amounts computed under paragraph (1) or (2)
as follows:
"(1) An amount equal to the amount by which the grantee's
projected costs of operation for that year exceed the total of
State, local, and other funds and of the fees, premiums, and
third-party reimbursements which the grantee may reasonably be
expected to collect in that year.
"(2)(A) Except as provided in subparagraph (B), an amount equal
to the following percentages of the grantee's projected costs of
operation: 80 per centum of such costs for the first year of its
operation, 65 per centum of such costs for the second year of its
operation, 50 per centum of such costs for the third year of its
operation, 35 per centum of such costs for the fourth year of its
operation, 30 per centum of such costs for the fifth and sixth
years of its operation, and 25 per centum of such costs for the
seventh and eighth years of its operation.
"(B) In the case of a grantee providing services for persons in
an area designated by the Secretary as an urban or rural poverty
area, an amount equal to the following percentages of the
grantee's projected costs of operation: 90 per centum of such
costs for the first two years of its operation, 80 per centum of
such costs for the third year of its operation, 70 per centum of
such costs for the fourth year of its operation, 60 per centum of
such costs for the fifth year of its operation, 50 per centum of
such costs for the sixth year of its operation, 40 per centum of
such costs for the seventh year of its operation, and 30 per
centum of such costs for the eighth year of its operation.
In any year in which a grantee receives a grant under section 204 for
consultation and education services, the costs of the grantee's
operation for that year attributable to the provision of such services
and its collections in that year for such services shall be disregarded
in making a computation under paragraph (1) or (2) respecting a grant
under subsection (a) for that year.
"(d)(1) There are authorized to be appropriated for payments under
initial grants under subsection (a) $50,000,000 for fiscal year 1976,
and $55,000,000 for fiscal year 1977.
"(2) For fiscal year 1977, and for each of the succeeding seven
fiscal years, there are authorized to be appropriated such sums as may
be necessary to make payments under continuation grants under subsection
(a) to community mental health centers and other entities which first
received an initial grant under this section for fiscal year 1976, or
the next fiscal year and which are eligible for a grant under this
section in a fiscal year for which sums are authorized to be
appropriated under this paragraph.
"(e)(1) Any entity which has not received a grant under subsection
(a), which received a grant under section 220, 242, 243, 251, 256, 264,
or 271 of this title //42 USC 2688, 2688g, 2688h, 2688k, 2688n-1, 2688r,
2688u.// (as in effect before the date of enactment of the Community
Mental Health Centers Amendments of 1975) from appropriations under this
title for a fiscal year ending before July 1, 1975, and which would be
eligible for another grant under such section from an appropriation for
a succeeding fiscal year if such section were not repealed by the
Community Mental Health Centers Amendments of 1975 may, in lieu of
receiving a grant under subsection (a) of this section, continue to
receive a grant under each such repealed section under which it would be
so eligible for another grant--,
"(A) for the number of years and in the amount prescribed for
the grant under each such repealed section, except that--,
"(i) the entity may not receive under this subsection more than
two grants under any such repealed section unless it meets the
requirements of section 201, and
"(ii) the total amount received for any year (as determined
under regulations of the Secretary) under the total of the grants
made to the entity under this subsection may not exceed the amount
by which the entity's projected costs of operation for that year
exceed the total collections of State, local, and other funds and
of the fees, premiums, and third-party reimbursements which the
entity may reasonably be expected to make in that year; and
"(B) in accordance with any other terms and conditions
applicable to such grant.
In any year in which a grantee under this subsection receives a grant
under section 204 for consultation and education services, the staffing
costs of the grantee for that year which are attributable to the
provision of such services and the grantee's collections in that year
for such services shall be disregarded in applying subparagraph (A) and
the provisions of the repealed section applicable to determining the
amount of the grant the grantee may receive under this subsection for
that year.
"(2) An entity which receives a grant the authority for which is
provided by this subsection may not receive any grant under subsection
(a).
"(3) There are authorized to be appropriated for fiscal year 1976,
and for each of the next six fiscal years such sums as may be necessary
to make grants in accordance with paragraph (1).
"(f) Unless otherwise specifically provided, a reference in this
title to a grant under section 203 includes a grant under subsection (a)
of this section and a grant the authority for which is provided by
subsection (e) of this section.
" Sec. 204. //42 USC 2689c.// (a)(1) The Secretary may make annual
grants to any community mental health center for the costs of providing
the consultation and education services described in section 201(b)(1)(
D) if the center--,
"(A) received from appropriations for a fiscal year ending
before July 1, 1975, a staffing grant under section 220 of this
title //42 USC 2688.// (as in effect before the date of enactment
of the Community Mental Health Centers Amendments of 1975) and may
not because of limitations respecting the period for which grants
under that section may be made receive under section 203( e) an
additional grant under such section 220; //42 USC 2688.// or
"(B) has received or is receiving a grant under section 203 and
the number of years in which the center has been in operation (as
determined in accordance with section 203(a)(2)) is not less than
four (or is not less than two if the Secretary determines that the
center will be unable to adequately provide the consultation and
education services described in section 201(b)( 1)(D) during the
third or fourth years of its operation without a grant under this
subsection).
"(2) The Secretary may also make annual grants to a public or
non-profit private entity--,
"(A) which has not received any grant under this title (other
than a grant under this section as amended by the Community Mental
Health Centers Amendments of 1975),
"(B) which meets the requirements of section 201 except, in the
case of an entity which has not received a grant under this
section, the requirement for the provision of consultation and
education services described in section 201(b)(1)(D), and
"(C) the catchment area of which is not within (in whole or in
part) the catchment area of a community mental health center,
for the costs of providing such consultation and education services.
"(b) The amount of any grant made under subsection (a) shall be
determined by the Secretary, but no such grant to a center may exceed
the lesser of 100 per centum of such center's costs of providing such
consultation and education services during the year for which the grant
is made or--,
"(1) in the case of each of the first two years for which a
center receives such grant, the sum of (A) an amount equal to the
product of $0.50 and the population of the center's catchment
area, and (B) the lesser of (i) one-half the amount determined
under clause (A), or (ii) one-half of the amount received by the
center in such year from charges for the provision of such
services;
"(2) in the case of the third year for which a center receives
such a grant, the sum of (A) an amount equal to the product of
$0.50 and the population of the center's catchment area, and (B)
the lesser of (i) one-half the amount determined under clause (A),
or (ii) one-fourth of the amount received by the center in such
year from charges for the provision of such services; and
"(3)(A) except as provided in subparagraph (B), in the case of
the fourth year and each subsequent year thereafter for which a
center receives such a grant, the lesser of (i) the sum of (I) an
amount equal to the product of $0.125 and the population of the
center's catchment area, and (II) one-eighth of the amount
received by the center in such year from charges for the provision
of such services, or (ii) $50,000; or
"(B) in the case of the fourth year and each subsequent year
for which a center receives such a grant, the sum of (i) an amount
equal to the product of $0.25 and the population of the center's
catchment area, and (ii) the lesser of (I) the amount determined
under clause (i) of this subparagraph, or (II) one-fourth of the
amount received by the center in such year from charges for the
provision for such services if the amount of the last grant
received by the center under section 220 of this title (as in
effect before the date of the enactment of the Community Mental
Health Centers Amendments of 1975) or section 203 of this title,
as the case may be, was determined on the basis of the center
providing services to persons in an area designated by the
Secretary as an urban or rural poverty area.
For purposes of this subsection, the term 'center' includes an entity
which receives a grant under subsection (a)(2).
"(c) There are authorized to be appropriated for payments under
grants under this section $10,000,000 for fiscal year 1976, and
$15,000,000 for fiscal year 1977.
" Sec. 205. //42 USC 2689d.// (a) The Secretary may make not more
than two grants to any public or nonprofit entity which--,
"(1) has an approved application for a grant under section 203
or 211, and
"(2) can reasonably be expected to have an operating deficit,
for the period for which a grant is or will be made under such
application, which is greater than the amount of the grant the
entity is receiving or will receive under such application,
for the entity's reasonable costs in providing mental health services
which are described in section 201(b)(1) but which the entity did not
provide before the date of the enactment of the Community Mental Health
Centers Amendments of 1975.
"(b)(1) Each grant under subsection (a) to an entity shall be made
for the same period as the period for which the grant under section 203
or 211 for which the entity had an approved application is or will be
made.
"(2) The amount of any grant under subsection (a) to any entity shall
be determined by the Secretary, but no such grant may exceed that part
of the entity's projected operating deficit for the year for which the
grant is made which is reasonably attributable to its costs of providing
in such year the services with respect to which the grant is made. For
purposes of this paragraph, the term 'projected operating deficit' means
the excess of an entity's projected costs of operation (including the
costs of operation related to the provision of services for which a
grant may be made under subsection (a)) for a particular period over the
total of the amount of State, local, and other funds (including funds
under a grant under section 203, 204, or 211) received by the entity in
that period and the fees, premiums, and third-party reimbursements which
the entity may reasonably be expected to collect during that period.
"(c) There are authorized to be appropriated for payments under
grants under subsection (a) $20,000,000 for fiscal year 1976, and
$20,000,000 for fiscal year 1977.
" Sec. 206. //42 USC 2689e.// (a)(1) No grant may be made under this
part to any entity or community mental health center in any State unless
a State plan for the provision of comprehensive mental health services
within such State has been submitted to, and approved by, the Secretary
under section 237.
"(b) No grant may be made under this part unless an application
(meeting the requirements of subsection (c)) for such grant has been
submitted to, and approved by, the Secretary.
"(c)(1) An application for a grant under this part shall be submitted
in such form and manner as the Secretary shall prescribe and shall
contain such information as the Secretary may require. Except as
provided in paragraph (3), an application for a grant under section 203,
204, or 205 shall contain or be supported by assurances satisfactory to
the Secretary that--,
"(A) the community mental health center for which the
application is submitted will provide, in accordance with
regulations of the Secretary (i) an overall plan and budget that
meets the requirements of section 1861 (z) of the Social Security
Act, //42 USC 1395x.// and (ii) an effective procedure for
developing, compiling, evaluating, and reporting to the Secretary
statistics and other information (which the Secretary shall
publish and disseminate on a periodic basis and which the center
shall disclose at least annually to the general public) relating
to (I) the cost of the center's operation, (II) the patterns of
use of its services, (III) the availability, accessibility, and
acceptability of its services, (IV) the impact of its services
upon the mental health of the residents of its catchment area, and
(V) such other matters as the Secretary may require;
"(B) such community mental health center will, in consultation
with the residents of its catchment area, review its program of
services and the statistics and other information referred to in
subparagraph (A) to assure that its services are responsive to the
needs of the residents of the catchment area;
"(C) to the extent practicable, such community mental health
center will enter into cooperative arrangements with health
maintenance organizations serving residents of the center's
catchment area for the provision through the center of mental
health services for the members of such organizations under which
arrangements the charges to the health maintenance organizations
for such services shall be not less than the actual costs to the
center of providing such services;
"(D) in the case of a community mental health center serving a
population including a substantial proportion of individuals of
limited English-speaking ability, the center has (i) developed a
plan and made arrangements responsive to the needs of such
population for providing services to the extent practicable in the
language and cultural context most appropriate to such
individuals, and (ii) identified an individual on its staff who is
fluent in both that language and English and whose
responsibilities shall include providing guidance to such
individuals and to appropriate staff members with respect to
cultural sensitivities and bridging linguistic and cultural
differences;
"(E) such community mental health center has (i) established a
requirement that the health care of every patient must be under
the supervision of a member of the professional staff, and (ii)
provided for having a member of the professional staff available
to furnish necessary mental health care in case of an emergency;
"(F) such community mental health center has provided
appropriate methods and procedures for the dispensing and
administering of drugs and biologicals;
"(G) in the case of an application for a grant under section
203 for a community mental health center which will provide
services to persons in an area designated by the Secretary as an
urban or rural poverty area, the applicant will use the additional
grant funds it receives, because it will provide services to
persons in such an area, to provide services to persons in such
area who are unable to pay therefor;
"(H) such community mental health center will develop a plan
for adequate financial support to be available, and will use its
best efforts to insure that adequate financial support will be
available, to it from Federal sources (other than this part) and
non-Federal sources (including, to the maximum extent feasible,
reimbursement from the recipients of consultation and education
services and screening services provided in accordance with
sections 201(b)(1)(D) and 201(b)(1)(E)) so that the center will be
able to continue to provide comprehensive mental health services
when financial assistance provided under this part is reduced or
terminated, as the case may be;
"(I) such community mental health center (i) has or will have a
contractual or other arrangement with the agency of the State, in
which it provides services, which administers or supervises the
administration of a State plan approved under title XIX of the
Social Security Act //42 USC 1396.// for the payment of all or a
part of the center's costs in providing health services to persons
who are eligible for medical assistance under such a State plan,
or (ii) has made or will make every reasonable effort to enter
into such an arrangement;
"(J) such community mental health center has made or will make
and will continue to make every reasonable effort to collect
appropriate reimbursement for its costs in providing health
services to persons who are entitled to insurance benefits under
title XVIII of the Social Security Act, to medical assistance
under a State plan approved under title XIX of such Act, //42 USC
1395.// or to assistance for medical expenses under any other
public assistance program or private health insurance program;
"(K) such community mental health center (i) has prepared a
schedule of fees or payments for the provision of its services
designed to cover its reasonable costs of operation and a
corresponding schedule of discounts to be applied to the payment
of such fees or payments which discounts are adjusted on the basis
of the patient's ability to pay; (ii) has made and will continue
to make every reasonable effort (I) to secure from patients
payment for services in accordance with such approved schedules,
and (II) to collect reimbursement for health services to persons
described in subparagraph (J) on the basis of the full amount of
fees and payments for such services without application of any
discount, and (iii) has submitted to the Secretary such reports as
he may require to determine compliance with this subparagraph;
and
"(L) such community mental health center will adopt and enforce
a policy (i) under which fees for the provision of mental health
services through the center will be paid to the center, and (ii)
which progibits health professionals who provide such services to
patients through the center from providing such services to such
patients except through the center.
An application for a grant under section 203 shall also contain a
long-range plan for the expansion of the program of the community mental
health center for which the application is submitted for the purpose of
meeting anticipated increases in demand by residents of the center's
catchment area for the comprehensive mental health services described in
section 201(b)(1). Such a plan shall include a description of planned
growth in the programs of the center, estimates of increased costs
arising from such growth, estimates of the portion of such increased
costs to be paid from Federal funds, and anticipated sources of
non-Federal funds to pay the portion of such increased costs not to be
paid from Federal funds.
"(2) The Secretary may approve an application for a grant under
section 203, 204, or 205 only if the application is recommended for
approval by the National Advisory Mental Health Council, the application
meets the requirements of paragraph (1), and, except as provided in
paragraph (3), the Secretary--,
"(A) determines that the facilities and equipment of the
applicant under the application meet such requirements as the
Secretary may prescribe;
"(B) determines that--,
"(i) the application contains or is supported by satisfactory
assurances that the comprehensive mental health services (in the
case of an application for a grant under section 203 or 205) or
the consultation and education services (in the case of an
application for a grant under section 204) to be provided by the
applicant will constitute an addition to, or a significant
improvement in quality (as determined in accordance with criteria
of the Secretary) of, services that would otherwise be provided in
the catchment area of the applicant;
"(ii) the application contains or is supported by satisfactory
assurances that Federal funds made available under section 203,
204, or 205, as the case may be, will (I) be used to supplement
and, to the extent practical, increase the level of State, local,
and other non-Federal funds, including third-party health
insurance payments, that would in the absence of such Federal
funds be made available for the applicant's comprehensive mental
health services, and (II) in no event supplant such State, local,
and other non-Federal funds;
"(iii) in the case of an applicant which received a grant from
appropriations for the preceding fiscal year, during the year for
which the grant was made the applicant met, in accordance with the
section under which such grant was made, the requirements of
section 201 and complied with the assurances which were contained
in or supported the applicant's application for such grant; and
"(iv) in the case of an application for a grant the amount of
which is or may be determined under section 203(c)(2)(B) or 204
(b)(3)(B) or under a provision of a repealed section of this title
referred to in section 203(e) which authorizes an increase in the
ceiling on the amount of a grant to support services to persons in
areas designated by the Secretary as urban or rural poverty areas,
the application contains or is supported by assurances
satisfactory to the Secretary that the services of the applicant
will, to the extent feasible, be used by a significant number of
persons residing in an area designated by the Secretary as an
urban or rural poverty area and requiring such services.
"(3) In the case of an application--,
"(A) for the first grant under section 203(a) for an entity
described in section 203(a)(1)(B), or
"(B) for the first grant the authority for which is provided by
section 203(e),
the Secretary may approve such application without regard to the
assurances required by the second sentence of paragraph (1) of this
subsection and without regard to the determinations required of the
Secretary under paragraph (2) of this subsection if the application
contains or is supported by assurances satisfactory to the Secretary
that the applicant will undertake, during the period for which such
first grant is to be made, such actions as may be necessary to enable
the applicant, upon the expiration of such period, to make each of the
assurances required by paragraph (1) and to enable the Secretary, upon
the expiration of such period, to make each of the determinations
required by paragraph (2).
"(4) In each fiscal year for which a community mental health center
receives a grant under section 203, 204, or 205, such center shall
obligate for a program of continuing evaluation of the effectiveness of
its programs in serving the needs of the residents of its catchment area
and for a review of the quality of the services provided by the center
not less than an amount equal to 2 per centum of the amount obligated by
the center in the preceding fiscal year for its operating expenses.
"(5) The costs for which grants may be made under section 203(a),
204, or 205 shall be determined in the manner prescribed in regulations
of the Secretary issued after consultation with the National Advisory
Mental Health Council.
"(6) If the Secretary determines under section 203, 204, or 205 that
an applicant for a grant under such section--,
"(A) has not made reasonable efforts to secure payments or
reimbursements in accordance with assurances provided under
subparagraph (I), (J), or (K) of subsection (c)(1), or
"(B) is capable of increasing the amount of payments or
reimbursements described in any such subparagraph,
the Secretary shall, in the case of a determination described in
subparagraph (A), inform the applicant of the respects in which the
applicant has not made such reasonable efforts and the manner in which
the applicant's performance can be improved and, in the case of a
determination described in subparagraph (B), inform the applicant of the
manner in which the applicant can increase the amount of such payments.
The Secretary shall give to an applicant a reasonble opportunity to
respond, before the amount of the grant the applicant is applying for is
determined, to a determination described in the preceding sentence. A
determination of the Secretary referred to in the first sentence shall
be referred to the National Advisory Mental Health Council for its
review and recommendations.
"(d) An application for a grant under this part which is submitted to
the Secretary shall at the same time be submitted to the State mental
health center for which the application is submitted is located. A
State mental health authority which receives such an application under
this subsection may review it and submit its comments to the Secretary
within the forty-five-day period beginning on the date the application
was received by it. The Secretary shall take action to require an
applicant to revise his application or to approve or disapprove an
application within the period beginning on the date the State mental
health authority submits its comments or on the expiration of such
forty-five-day period, whichever occurs first, and ending on the
ninetieth day following the date the application was submitted to him.
"(e) Not more than 2 per centum of the total amount appropriated
under sections 203, 204, and 205 for any fiscal year shall be used by
the Secretary to provide directly through the Department technical
assistance for program management and for training in program management
to community mental health centers which received grants under such
sections or to entities which received grants under section 220 //42 USC
2688.// of this title in a fiscal year beginning before the date of the
enactment of the Community Mental Health Centers Amendments of 1975.
"(f) For purposes of subsections (b), (c), (d), and (e) of this
section, the term 'community mental health center' includes an entity
which applies for or has received a grant under section 203 or 204 (a)(
2).
" Sec. 211. //42 USC 2689f.// The Secretary may make grants for the
operation of any community mental health center which--,
"(1)(A) received a grant under section 220 of this title //42
USC 2688.// (as in effect before the date of enactment of the
Community Mental Health Centers Amendments of 1975) and, because
of limitations in such section 220 respecting the period for which
the center may receive grants under such section 220, is not
eligible for further grants under that section for a fiscal year
beginning after June 30, 1975; or
"(B) received a grant or grants under section 203(a) of this
title and, because of limitations respecting the period for which
grants under such section may be made, is not eligible for further
grants under that section; and
"(2) demonstrates that without a grant under this section there
will be a significant reduction in the types or quality of
services provided or there will be an inability to provide the
services described in section 201(b).
" Sec. 212. //42 USC 2689g.// (a) No grant may be made under section
211 to any community mental health center in any State unless a State
plan for the provision of comprehensive mental health services within
such State has been submitted to, and approved by, the Secretary under
section 237. Any grant under section 211 may be made upon such terms
and conditions as the Secretary determines to be reasonable and
necessary, including requirements that the community mental health
center agree (1) to disclose any financial information or data deemed by
the Secretary to be necessary to determine the sources or causes of that
center's financial distress, (2) to conduct a comprehensive cost
analysis study in cooperation with the Secretary, (3) to carry out
appropriate operational and financial reforms on the basis of
information obtained in the course of the comprehensive cost analysis
study or on the basis of other relevant information, and (4) to use a
grant received under section 211 to enable it to provide (within such
period as the Secretary may prescribe) the comprehensive mental health
services described in section 201(b) and to revise its organization to
meet the requirements of sections 201(c) and 201(d).
"(b) An application for a grant under section 211 must contain or be
supported by the assurances prescribed by subparagraphs (A), (B), (C),
(D), (E), (F), (G), (I), (J), (K), and (L) of section 206(c)(1) and
assurances satisfactory to the Secretary that the applicant will expend
for its operation as a community mental health center, during the year
for which such grant is sought, an amount of funds (other than funds for
construction, as determined by the Secretary) from non-Federal sources
which is at least as great as the average annual amount of funds
expended by such applicant for such purpose (excluding expenditures of a
nonrecurring nature) in the three years immediately preceding the year
for which such grant is sought. The Secretary may not approve such an
application unless it has been recommended for approval by the National
Advisory Mental Health Council. The requirements of section 206(d)
respecting opportunity for review of applications by State mental health
authorities and time limitations on actions by the Secretary on
applications shall apply with respect to applications submitted for
grants under section 211.
"(c) Each grant under this section to a grantee shall be made for the
projected costs of operation (except the costs of providing the
consultation and education services described in section 201(b)(1) (D))
of such grantee for the one-year period beginning on the first day of
the first month in which such grant is made. No community mental health
center may receive more than three grants under section 211.
"(d) The amount of a grant for a community mental health center under
section 211 for any year shall be the lesser of the amounts computed
under paragraph (1) or (2) as follows:
"(1) An amount equal to the amount by which the center's projected
costs of operation for that year exceed the total of State, local, and
other funds and of the fees, premiums, and third-party reimbursements
which the center may reasonably be expected to collect in that year.
"(2) An amount equal to the product of--,
"(A) 90 per centum of the percentage of costs--,
"(i) which was the ceiling on the grant last made to the center
in the first series of grants it received under section 220 of
this title //42 USC 2688.// (as in effect before the date of the
enactment of the Community Mental Health Centers Amendments of
1975), or
"(ii) prescribed by subsection (c)(2) of section 203 for
computation of the last grant to the center under such section,
whichever grant was made last, and
"(B) the center's projected costs of operation in the year for
which the grant is to be made under section 211.
" Sec. 213. //42 USC 2689h.// There are authorized to be
appropriated $15,000,000 for fiscal year 1976, and $15,000,000 for
fiscal year 1977 for payments under grants under section 211.
" Sec. 221. //42 USC 2689i.// (a) From allotments made under section
227 the Secretary shall pay, in accordance with this part, the Federal
share of projects for (1) the acquisition or remodeling, or both, of
facilities for community mental health centers, (2) the leasing (for not
more than twenty-five years) of facilities for such centers, (3) the
construction of new facilities or expansion of existing facilities for
community mental health centers if not less than 25 per centum of the
residents of the centers' catchment areas are members of low-income
groups (as determined under regulations prescribed by the Secretary),
and (4) the initial equipment of a facility acquired, remodeled, leased,
constructed, or expanded with financial assistance provided under
payments under this part. Payments shall not be made for the
construction of a new facility or the expansion of an existing one
unless the Secretary determines that it is not feasible for the
recipient to acquire or remodel an existing facility.
"(b)(1) For purposes of this part, the term ' Federal share' with
respect to any project described in subsection (a) means the portion of
the cost of such project to be paid by the Federal Government under this
part.
"(2) The Federal share with respect to any project described in
subsection (a) in a State shall be the amount determined by the State
agency of the State, but, except as provided in paragraph (3), the
Federal share for any such project may not exceed 66 2/3 per centum of
the costs of such project or the State's Federal percentage, whichever
is the lower. Prior to the approval of the first such project in a
State during any fiscal year, the State agency shall give the Secretary
written notification of (A) the maximum Federal share, established
pursuant to this paragraph, for such projects in such State which the
Secretary approves during such fiscal year, and (B) the method for
determining the specific Federal share to be paid with respect to any
such project; and such maximum Federal share and such method of Federal
share determination for such projects in such State during such fiscal
year shall not be changed after the approval of the first such project
in the State during such fiscal year.
"(3) In the case of any community mental health center which provides
or will, upon completion of the project for which application has been
made under this part, provide services for persons in an area designated
by the Secretary as an urban or rural poverty area, the maximum Federal
share determined under paragraph (2) may not exceed 90 per centum of the
costs of the project.
"(4)(A) For purposes of paragraph (2), the Federal percentage for (i)
Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66
2/3 per centum, and (ii) any other State shall be 100 per centum less
that percentage which bears the same ratio to 50 per centum as the per
capita income of such State bears to the average per capita income of
all such other States.
"(B) The Federal percentages under clause (ii) of subparagraph (A)
shall be promulgated by the Secretary, between October 1 and December 31
of each even-numbered year, on the basis of the average of the per
capita incomes of each of the States subject to such Federal percentages
and of all the States subject to such percentages for the three most
recent consecutive years for which satisfactory data are available from
the Department of Commerce. Such promulgation shall be conclusive for
each of the two fiscal years in the period beginning July 1 next
succeeding such promulgation.
" Sec. 222. //42 USC 2689j.// (a) For each project for a community
mental health center facility pursuant to a State plan approved under
section 237, there shall be submitted to the Secretary, through the
State agency of the State, an application by the State or a political
subdivision thereof or by a public or other nonprofit agency. If two or
more such agencies join in the project, the application may be filed by
one or more of such agencies. Such application shall set forth--,
"(1) a description of the site for such project;
"(2) plans and specifications therefor in accordance with the
regulations prescribed by the Secretary under section 236;
"(3) except in the case of a leasing project, reasonable
assurance that title to such site is or will be vested in one or
more of the agencies filing the application or in a public or
nonprofit private agency which is to operate the community mental
health center;
"(4) reasonable assurance that adequate financial support will
be available for the project and for its maintenance and operation
when completed;
"(5) reasonable assurance that all laborers and mechanics
employed by contractors or subcontractors in the performance of
work on a construction or remodeling project will be paid wages at
rates not less than those prevailing on similar construction in
the locality as determined by the Secretary of Labor in accordance
with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5, known as the
Davis-Bacon Act), and the Secretary of Labor shall have with
respect to such labor standards the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5
U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40
U.S.C. 276c);
"(6) a certification by the State agency of the Federal share
for the project; and
"(7) the assurances described in section 206(c)(2).
Each applicant shall be afforded an opportunity for a hearing before the
State agency respecting its application. For purposes of paragraph (3),
the term 'title' means a fee simple or such other estate or interest
(including a leasehold on which the rental does not exceed 4 per centum
of the value of the land) as the Secretary finds sufficient to assure
for a period of not less than fifty years undisturbed use and possession
for the purposes of acquisition, remodeling, construction, or expansion
of a facility and its operation.
"(b) The Secretary shall approve an application submitted in
accordance with subsection (a) if--,
"(1) sufficient funds to pay the Federal share for the project
for which the application was submitted are available from the
allotment to the State;
"(2) the Secretary finds that the application meets the
applicable requirements of subsection (a) and the community mental
health center for which the application was submitted will meet
the requirements of the State plan (under section 237) of the
State in which the project is located; and
"(3) the Secretary finds that the application has been approved
and recommended by the State agency and is entitled to priority
over other projects within the State, as determined under the
State plan.
No application shall be disapproved by the Secretary until he has
afforded the State agency an opportunity for a hearing. The Secretary
may not approve an application under this part for a project for a
facility for a community mental health center or other entity which
received a grant under section 220, 242, 243, 251, 256, 264, or 271 of
this title //42 USC 2688, 2688g, 2688h, 2688k, 2688n-1, 2688r, 2688u.//
(as in effect before the date of the enactment of the Community Mental
Health Centers Amendments of 1975) from appropriations for a fiscal year
ending before July 1, 1975, unless the Secretary determines that the
application is for a project for a center or entity which upon
completion of such project will be able to significantly expand its
services and which demonstrates exceptional financial need for
assistance under this part for such project. Amendment of any approved
application shall be subject to approval in the same manner as an
original application.
" Sec. 223. //42 USC 2689k.// (a)(1) Upon certification to the
Secretary by the State agency, based upon inspection by it, that work
has been performed upon a remodeling, construction, or expansion
project, or purchases for such a project have been made, in accordance
with the approved plans and specifications, and that payment of an
installment is due to the applicant, such installment shall be paid to
the State, from the applicable allotment of such State, except that (1)
if the State is not authorized by law to make payments to the applicant,
the payment shall be made directly to the applicant, (2) if the
Secretary, after investigation or otherwise, has reason to believe that
any act (or failure to act) has occurred requiring action pursuant to
subsection (c) of this section, payment may, after he has given the
State agency notice of opportunity for hearing pursuant to such section,
be withheld in whole or in part, pending corrective action or action
based on such hearing, and (3) the total payments with respect to such
project may not exceed an amount equal to the Federal share of the cost
of such project.
"(2) If an amendment to an approved application is approved or the
estimated cost of a remodeling, construction, or expansion project is
revised upward, any additional payment with respect thereto may be made
from the applicable allotment of the State for the fiscal year in which
such amendment or revision is approved.
"(b) Payments from a State allotment for acquisition and leasing
projects shall be made in accordance with regulations which the
Secretary shall promulgate.
"(c)(1) If the Secretary finds that--,
"(A) a State agency is not substantially complying with the
provisions required by section 237 to be in a State plan or with
regulations issued under section 236;
"(B) any assurance required to be in an application filed under
section 222 is not being carried out;
"(C) there is substantial failure to carry out plans and
specifications approved by the Secretary under section 222; or
"(D) adequate State funds are not being provided annually for
the direct administration of a State plan approved under section
237,
the Secretary may take the action authorized under paragraph (2) of this
subsection if the finding was made after reasonable notice and
opportunity for hearing to the involved State agency.
"(2) If the Secretary makes a finding described in paragraph (1), he
may notify the involved State agency, which is the subject of the
finding or which is connected with a project or State plan which is the
subject of the finding, that--,
"(A) no further payments will be made to the State from
allotments under section 227; or
"(B) no further payments will be made from allotments under
section 227 for any project or projects designated by the
Secretary as being affected by the action or inaction referred to
in subparagraph (A), (B), (C), or (D) of paragraph (1),
as the Secretary may determine to be appropriate under the
circumstances; and, except with regard to any project for which the
application has already been approved and which is not directly
affected, further payments from such allotments may be withheld, in
whole or in part, until there is no longer any failure to comply (or to
carry out the assurance or plans and specifications or to provide
adequate State funds, as the case may be) or, if such compliance (or
other action) is impossible, until the State repays or arranges for the
repayment of Federal moneys to which the recipient was not entitled.
" Sec. 224. //42 USC 2689l.// If--,
"(1) the Secretary refuses to approve an application for a
project submitted under section 222, the State agency through
which such application was submitted, or
"(2) any State is dissatisfied with the Secretary's action
under section 223(c) or 237(c), such State,
may appeal to the United States court of appeals for the circuit in
which such State agency or State is located, by filing a petition with
such court within sixty days after such action. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the
Secretary, or any officer designated by him for that purpose. The
Secretary thereupon shall file in the court the record of the
proceedings on which he based his action, as provided in section 2112 of
title 28, United States Code. Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the Secretary or
to set it aside, in whole or in part, temporarily or permanently, but,
until the filing of the record, the Secretary may modify or set aside
his order. The findings of the Secretary as to the facts, if supported
by substantial evidence, shall be conclusive, but the court, for good
cause shown, may remand the case to the Secretary to take further
evidence, and the Secretary may thereupon make new or modified findings
of facts and may modify his previous action, and shall file in the court
the record of the further proceedings. Such new or modified findings of
fact shall likewise be conclusive if supported by substantial evidence.
The judgment of the court affirming or setting aside, in whole or in
part, any action of the Secretary shall be final, subject to review by
the Supreme Court of the United States upon certiorari or certification
as provided in section 1254 of title 28, United States Code. The
commencement of proceedings under this section shall not, unless so
specifically ordered by the court, operate as a stay of the Secretary's
action.
" Sec. 225. //42 USC 2689m.// If any facility of a community mental
health center acquired, remodeled, constructed, or expanded with funds
provided under this part is, at any time within twenty years after the
completion of such remodeling, construction, or expansion or after the
date of its acquisition with such funds--,
"(1) sold or transferred to any person or entity (A) which is
not qualified to file an application under section 222, or (B)
which is not approved as a transferee by the State agency of the
State in which such facility is located, or its successor; or
"(2) not used by a community mental health center in the
provision of comprehensive mental health services, and the
Secretary has not determined that there is good cause for
termination of such use,
the United States shall be entitled to recover from either the
transferor or the transferee in the case of a sale or transfer or from
the owner in the case of termination of use an amount bearing the same
ratio to the then value (as determined by the agreement of the parties
or by action brought in the United States district court for the
district in which the center is situated) of so much of such facility or
center as constituted an approved project or projects, as the amount of
the Federal participation bore to the acquisition, remodeling,
construction, or expansion cost of such project or projects. Such right
of recovery shall not constitute a lien upon such facility or center
prior to judgment.
" Sec. 226. //42 USC 2689n.// No grant may be made under the Public
Health Service Act for the remodeling, construction, or expansion of a
facility for a community mental health center unless the Secretary
determines that there are no funds available under this part for the
remodeling, construction, or expansion of such facility. // 42 USC 201
note.//
" Sec. 227. //42 USC 2689o.// (a) In each fiscal year, the Secretary
shall, in accordance with regulations, make allotments, from the sums
appropriated under section 228, to the States (with State plans approved
under section 237) on the basis of (1) the population, (2) the extent of
the need for community mental health centers, and (3) the financial
need, of the respective States; except that no such allotment to any
State, other than the Virgin Islands, American Samoa, Guam, and the
Trust Territory of the Pacific Islands, in any fiscal year may be less
than $100,000. Sums so allotted to a State other than the Virgin
Islands, American Samoa, Guam, and the Trust Territory of the Pacific
Islands, in a fiscal year and remaining unobligated at the end of such
year shall remain available to such State for such purpose in the next
fiscal year (and in such year only), in addition to the sums allotted
for such State in such next fiscal year. Sums so allotted to the Virgin
Islands, American Samoa, Guam, or the Trust Territory of the Pacific
Islands in a fiscal year and remaining unobligated at the end of such
year shall remain available to such State for such purpose in the next
two fiscal years (and in such years only), in addition to the sums
allotted to such State for such purpose in each of such next two fiscal
years.
"(b) The amount of an allotment under subsection (a) to a State in a
fiscal year which the Secretary determines will not be required by the
State during the period for which it is available for the purpose for
which allotted shall be available for reallotment by the Secretary from
time to time, on such date or dates as he may fix, to other States with
respect to which such a determination has not been made, in proportion
to the original allotments of such States for such fiscal year, but with
such proportionate amount for any of such other States being reduced to
the extent it exceeds the sum the Secretary estimates such State needs
and will be able to use during such period; and the total of such
reductions shall be similarly reallotted among the States whose
proportionate amounts were not so reduced. Any amount so reallotted to
a State in a fiscal year shall be deemed to be a part of its allotment
under subsection (a) in such fiscal year.
" Sec. 228. //42 USC 2689p.// There are authorized to be
appropriated $5,000,000 for fiscal year 1976, and $5,000,000 for fiscal
year 1977, for allotments under section 227.
" Sec. 231. //42 USC 2689q.// (a) The Secretary shall establish
within the National Institute of Mental Health an identifiable
administrative unit to be known as the National Center for the
Prevention and Control of Rape (hereinafter in this section referred to
as the ' Center').
"(b)(1) The Secretary, acting through the Center, may, directly or by
grant, carry out the following:
"(A) A continuing study of rape, including a study and investigation
of--,
"(i) the effectiveness of existing Federal, State, and local
laws dealing with rape;
"(ii) the relationship, if any, between traditional legal and
social attitudes toward sexual roles, the act of rape, and the
formulation of laws dealing with rape;
"(iii) the treatment of the victims of rape by law enforcement
agencies, hospitals or other medical institutions, prosecutors,
and the courts;
"(iv) the causes of rape, identifying to the degree possible--,
"(I) social conditions which encourage sexual attacks, and
"(II) the motives of offenders, and
"(v) the impact of rape on the victim and the family of the
victim;
"(vi) sexual assaults in correctional institutions;
"(vii) the actual incidence of forcible rape as compared to the
reported incidence of forcible rape and the reasons for any
difference in such incidences;and
"(viii) the effectiveness of existing private and local and
State government educational, counseling, and other programs
designed to prevent and control rape.
"(B) The compilation, analysis, and publication of summaries of the
continuing study conducted under subparagraph (A) and the research and
demonstration projects conducted under subparagraph (E). The Secretary
shall annually submit to the Congress a summary of such study and
projects together with recommendations where appropriate.
"(C) The development and maintenance of an information clearinghouse
with regard to--,
"(i) the prevention and control of rape;
"(ii) the treatment and counseling of the victims of rape and
their families; and
"(iii) the rehabilitation of offenders.
"(D) The compilation and publication of training materials for
personnel who are engaged or intend to engage in programs designed to
prevent and control rape.
"(E) Assistance to community mental health centers and other
qualified public and nonprofit private entities in conducting research
and demonstration projects concerning the prevention and control of
rape, including projects (i) for the planning, developing, implementing,
and evaluating of alternative methods used in the prevention and control
of rape, the treatment and counseling of the victims of rape and their
families, and the rehabilitation of offenders; (ii) for the application
of such alternative methods; and (iii) for the promotion of community
awareness of the specific locations in which, and the specific social
and other conditions under which, sexual attacks are most likely to
occur.
"(F) Assistance to community mental health centers in meeting the
costs of providing consultation and education services respecting rape.
"(2) For purposes of this subsection, the term 'rape' includes
statutory and attempted rape and any other criminal sexual assault
(whether homosexual or heterosexual) which involves force or the threat
of force.
"(c) The Secretary shall appoint an advisory committee to advise,
consult with, and make recommendations to him on the implementation of
subsection (b). The Secretary shall appoint to such committee persons
who are particularly qualified to assist in carrying out the functions
of the committee. A majority of the members of the committee shall be
women. Members of the advisory committee shall receive compensation at
rates, not to exceed the daily equivalent of the annual rate in effect
for grade GS-18 of the General Schedule, //5 USC 5332 note.// for each
day (including traveltime) they are engaged in the performance of their
duties as members of the advisory committee and, while so serving away
from their homes or regular places of business, each member shall be
allowed travel expenses, including per diem in lieu of subsistence, in
the same manner as authorized by section 5703 of title 5, United States
Code, for persons in Government service employed intermittently.
"(d) For the purpose of carrying out subsection (b), there are
authorized to be appropriated $7,000,000 for fiscal year 1976, and
$10,000,000 for fiscal year 1977.
" Sec. 235. //42 USC 2689r.// For purposes of this title--,
"(1) The term ' State' includes the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Trust Territory of the
Pacific Islands, and the District of Columbia.
"(2) The term ' State agency' means the State mental health authority
for which grants are authorized under section 314(d) of the Public
Health Service Act. //42 USC 246.//
"(3) The term ' Secretary' means the Secretary of Health, Education,
and Welfare.
"(4) The term ' National Advisory Mental Health Council' means the
National Advisory Mental Health Council established under section 217 of
the Public Health Service Act. //42 USC 218.//
" Sec. 236. //42 USC 2689s.// Regulations issued by the Secretary
for the administration of this title shall include provisions applicable
uniformly to all the States which--,
"(1) prescribe the general manner in which the State agency of
a State shall determine the priority of projects for community
mental health centers on the basis of the relative need of the
different areas of the State for such centers and their services
and require special consideration for projects on the basis of the
extent to which a center to be assisted or established upon
completion of a project (A) will, alone or in conjunction with
other centers owned or operated by the applicant for the project
or affiliated or associated with such applicant, provide
comprehensive mental health services for residents of a particular
community or communities, or (B) will be part of or closely
associated with a general hospital;
"(2) prescribe general standards for facilities and equipment
for centers of different classes in different types of location;
and
"(3) require that the State plan of a State submitted under
section 237 provide for adequate community mental health centers
for people residing in the State, and provide for adequate
community mental health centers to furnish needed services for
persons unable to pay therefor.
The National Advisory Mental Health Council shall be consulted by the
Secretary before the issuance of regulations under this section.
" Sec. 237. //42 USC 2689t.// (a) A State plan for the provision of
comprehensive mental health services within a State shall be comprised
of the following two parts:
"(1) An administrative part containing provisions respecting the
administration of the plan and related matters. Such part shall--,
"(A) provide for the designation of a State advisory council to
consult with the State agency in administering such plan, which
council shall include (i) representatives of nongovernment
organizations or groups, and of State agencies, concerned with the
planning, operation, or use of community mental health centers or
other mental health facilities, and (ii) representatives of
consumers and providers of the services of such centers and
facilities who are familiar with the need for such services;
"(B) provide that the State agency will make such reports in
such form and containing such information as the Secretary may
from time to time reasonably require, and will keep such records
and afford such access thereto as the Secretary may find necessary
to assure the correctness and verification of such reports;
"(C) provide that the State agency will from time to time, but
not less often than annually, review the State plan and submit to
the Secretary appropriate modifications thereof which it considers
necessary; and
"(D) include provisions, meeting such requirements as the Civil
Service Commission may prescribe, relating to the establishment
and maintenance of personnel standards on a merit basis.
"(2) A services and facilities part containing provisions respecting
services to be offered within the State by community mental health
centers and provisions respecting facilities for such centers. Such part
shall--,
"(A) be consitent with the provisions of the State plan
prepared in accordance with section 1524(c)(2) of the Public
Health Service Act //42 USC 300m-3.// or the State plan approved
under section 314(a) of such Act //42 USC 246.// whichever is
applicable, relating to the provision of mental health services;
"(B) set forth a program for community mental health centers
within the State (i) which is based on a statewide inventory of
existing facilities and a survey of need for the comprehensive
mental health services described in section 201(b); (ii) which
conforms with regulations prescribed by the Secretary under
section 236; and (iii) which shall provide for adequate community
mental health centers to furnish needed services for persons
unable to pay therefor;
"(C) set forth the relative need, determined in accordance with
the regulations prescribed under section 236, for the projects
included in the program described in subparagraph (B), and, in the
case of projects under part C, provide for the completion of such
projects in the order of such relative need;
"(D) emphasize the provision of outpatient services by
community mental health centers as a preferable alternative to
inpatient hospital services; and
"(E) provide minimum standards (to be fixed in the discretion
of the State) for the maintenance and operation of centers which
receive Federal aid under this title and provide for enforcement
of such standards with respect to projects approved by the
Secretary under this title.
"(b) The State agency shall administer or supervise the
administration of the State plan.
"(c) A State shall submit a State plan in such form and manner as the
Secretary shall be regulation prescribe. The Secretary shall approve
any State plan (and any modification thereof) which complies with the
requirements of subsection (a). The Secretary shall not finally
disapprove a State plan except after reasonable notice and opportunity
for a hearing to the State.
"(d)(1) At the request of any State, a portion of any allotment or
allotments of such State under section 227 for any fiscal year shall be
available to pay one-half (or such smaller share as the State may
request) of the expenditures found necessary by the Secretary for the
proper and efficient administration of the provisions of the State plan
approved under this section which relate to projects under part C for
facilities for community mental health centers; except that not more
than 5 per centum of the total of the allotments of such State for any
fiscal year, or $50,000, whichever is less, shall be available for such
purpose. Amounts made available to any State under this paragraph from
its allotment or allotments under section 227 for any fiscal year shall
be available only for such expenditures (referred to in the preceding
sentence) during such fiscal year or the following fiscal year.
Payments of amounts due under this paragraph may be made in advance or
by way of reimbursement, and in such installments, as the Secretary may
determine.
"(2) Any amount paid under paragraph (1) to any State for any fiscal
year for administration of the provisions of an approved State plan
shall be paid on condition that there shall be expended from State
sources for each year for administration of such provisions not less
than the total amount expended for such purposes from such sources
during the fiscal year ending June 30, 1968.
" Sec. 238. //42 USC 2689u.// Each State health planning and
development agency designated for a State under section 1521 of the
Public Health Service Act //42 USC 300m.// shall, in consultation with
that State's mental health authority, periodically review the catchment
areas of the community mental health centers located in that State to
(1) insure that the sizes of such areas are such that the services to be
provided through the centers (including their satellites) serving the
areas are available and accessible to the residents of the areas
promptly, as appropriate, (2) insure that the boundaries of such areas
conform, to the extent practicable, with relevant boundaries of
political subdivisions, school districts, and Federal and State health
and social service programs, and (3) insure that the boundaries of such
areas eliminate, to the extent possible, barriers to access to the
services of the centers serving the areas, including barriers resulting
from an area's physical characteristics, its residential patterns, its
economic and social groupings, and available transportation.
" Sec. 239. //42 USC 2689v.// Except as otherwise specifically
provided, nothing in this title shall be construed as conferring on any
Federal officer or employee the right to exercise any supervision or
control over the administration, personnel, maintenance, or operation of
any community mental health center with respect to which any funds have
been or may be expended under this title.
" Sec. 240. //42 USC 2689w.// (a) Each recipient of assistance under
this title shall keep such records as the Secretary shall prescribe,
including records which fully disclose the amount and disposition by
such recipient of the proceeds of such assistance, the total cost of the
project or undertaking in connection with which such assistance is given
or used, and the amount of that portion of the cost of the project or
undertaking supplied by other sources, and such other records as will
facilitate an effective audit.
"(b) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipients that are pertinent to the assistance
received under this title.
" Sec. 241. //42 USC 2689x.// In determining the amount of any grant
under part A, B, or C for the costs of any project there shall be
excluded from such costs an amount equal to the sum of (1) the amount of
any other Federal grant which the applicant for such grant has obtained,
or is assured of obtaining, with respect to such project, and (2) the
amount of any non-Federal funds required to be expended as a condition
of such other Federal grant.
" Sec. 242. //42 USC 2689y.// For purposes of any determination by
the Secretary under this title as to whether any urban or rural area is
a poverty area, the Secretary may not determine that an area is an urban
or rural poverty area unless--,
"(1) such area contains one or more subareas which are
characterized as subareas of poverty;
"(2) the population of such subarea or subareas constitutes a
substantial portion of the population of such rural or urban area;
and
"(3) the project, facility, or activity, in connection with
which such determination is made, does, or (when completed or put
into operation) will, serve the needs of the residents of such
subarea or subareas.
" Sec. 243. //42 USC 2689z.// In making grants under parts A and B,
the Secretary shall take such steps as may be necessary to assure that
no individual shall be made the subject of any research involving
surgery which is carried out (in whole or in part) with funds under such
grants unless such individual explicitly agrees to become a subject of
such research.
" Sec. 244. //42 USC 2689aa.// The Secretary shall, to the extent
permitted by law, work with States, private insurers, community mental
health centers, and other appropriate entities to assure that community
mental health centers other appropriate entities to assure that
community mental health centers shall be eligible for reimbursement for
their mental health services to the same extent as general hospitals and
other licensed providers.
" Sec. 245. This title may be cited as the ' Community Mental Health
Centers Act'.". //42 USC 2689 note.//
Sec. 304. //42 USC 2689 note.// (a) Not later than one year after
the date of the enactment of this Act the Secretary of Health,
Education, and Welfare shall make a report to the Committee on
Interstate and Foreign Commerce of the House of Representatives and the
Committee on Labor and Public Welfare of the Senate setting forth a
plan, to be carried out in a period of five years, for the extension of
comprehensive mental health services through community mental health
centers to persons in all areas in which there is a demonstrated need
for such services. Such plan shall, at a minimum, indicate on a phased
basis the number of persons to be served by such services and an
estimate of the cost and personnel requirements needed to provide such
services.
(b) Not later than eighteen months after the date of the enactment of
this Act the Secretary of Health, Education, and Welfare shall submit to
the Committee on Interstate and Foreign Commerce of the House of
Representatives and the Committee on Labor and Public Welfare of the
Senate a report setting forth (1) national standards for care provided
by community mental health centers, and (2) criteria for evaluation of
community mental health centers and the quality of the services provided
by the centers.
Sec. 305. (a) Section 401 of the Mental Retardation Facility and
Community Mental Health Centers Construction Act of 1963 //42 USC
2691.// is amended--,
(1) by striking out paragraph (c);
(2) by amending paragraph (d) to read as follows:
"(d) The terms 'nonprofit facility for persons with developmental
disabilities' and 'nonprofit private institution of higher learning'
mean, respectively, a facility for persons with developmental
disabilities and an institution of higher learning which is owned and
operated by one or more nonprofit corporations or associations no part
of the net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual; and the term
'nonprofit private agency or organization' means an agency or
organization which is such a corporation or association or which is
owned and operated by one or more of such corporations or
associations."; and
(3) by--,
(A) striking out "or part A of title II" in paragraph (h)(1),
//42 USC 2691.//
(B) by striking out in paragraph (h)(2) "(A) and "; and (B)
for any project under part A of title II may not exceed 66 2/3 per
centum of the costs of construction of such project or the State's
Federal percentage, whichever is the lower", and
(C) by striking out "or under part A of title II" in paragraph
(h)(3).
(b) Section 403 of such Act //42 USC 2693.// is amended--,
(1) by striking out ", or section 204 in the case of a
community mental health center," in subsection (a),
(2) by striking out "or section 206, as the case may be," in
such subsection,
(3) by striking out "or 205" in subsection (b), and
(4) by striking out the second sentence of subsection
(c)(1).
(c) Section 404 //42 USC 2694.// is amended by striking out "or 205",
"or 204(b)", and "or 206".
(d) Section 405 //42 USC 2695.// is amended--,
(1) by striking out "or 205" in paragraph (1)(A),
(2) by striking out "or section 204 (in case of a community
mental health center)" in such paragraph,
(3) by striking out "or community mental health center, as the
case may be," in paragraph (2),
(4) by striking out "or such center as a community mental
health center" in such paragraph,
(5) by striking out "or center" each place it occurs in the
matter following paragraph (2), and
(6) by striking out "or community mental health center" in such
matter.
(e) Section 406 //42 USC 2696.// is amended by striking out "or
community mental health center".
Sec. 401. (a) Section 319 of the Public Health Service Act //42 USC
247d.// is amended to read as follows:
" Sec. 319. (a) For purposes of this section:
"(1) The term 'migrant health center' means an entity which either
through its staff and supporting resources or through contracts or
cooperative arrangements with other public or private entities
provides--,
"(A) primary health services,
"(B) as may be appropriate for particular centers, supplemental
health services necessary for the adequate support of primary
health services,
"(C) referral to providers of supplemental health services and
payment, as appropriate and feasible, for their provision of such
services,
"(D) environmental health services, including, as may be
appropriate for particular centers, the detection and alleviation
of unhealthful conditions associated with water supply, sewage
treatment, solid waste disposal, rodent and parasitic infestation,
field sanitation, housing, and other environmental factors related
to health,
"(E) as may be appropriate for particular centers, infectious
and parasitic disease screening and control,
"(F) as may be appropriate for particular centers, accident
prevention programs, including prevention of excessive pesticide
exposure, and
"(G) information on the availability and proper use of health
services,
for migratory agricultural workers, seasonal agricultural workers, and
the members of the families of such migratory and seasonal workers,
within the area it serves (referred to in this section as a 'catchment
area').
"(2) The term 'migratory agricultural worker' means an individual
whose principal employment is in agriculture on a seasonal basis, who
has been so employed within the last twenty-four months, and who
establishes for the purposes of such employment a temporary abode.
"(3) The term 'seasonal agricultural workers' means an individual
whose principal employment is in agriculture on a seasonal basis and who
is not a migratory agricultural worker.
"(4) The term 'agriculture' means farming in all its branches,
including--,
"(A) cultivation and tillage of the soil,
"(B) the production, cultivation, growing, and harvesting of
any commodity grown on, in, or as an adjunct to or part of a
commodity grown in or on, the land, and
"(C) any practice (including preparation and processing for
market and delivery to storage or to market or to carriers for
transportation to market) performed by a farmer or on a farm
incident to or in conjunction with an activity described in
subparagraph (B).
"(5) The term 'high impact area' means a health service area or other
area which has not less than six thousand migratory agricultural workers
and seasonal agricultural workers residing within its boundaries for
more than two months in any calendar year. In computing the number of
workers residing in an area, there shall be included as workers the
members of the families of such workers.
"(6) The term 'primary health services' means--,
"(A) services of physicians and, where feasible, services of
physicians' assistants and nurse clinicians;
"(B) diagnostic laboratory and radiologic services;
"(C) preventive health services (including children's eye and
ear examinations to determine the need for vision and hearing
correction, perinatal services, well child services, and family
planning services);
"(D) emergency medical services;
"(E) transportation services as required for adequate patient
care; and
"(F) preventive dental services.
"(7) The term 'supplemental health services' means services which are
not included as primary health services and which are--,
"(A) hospital services;
"(B) home health services;
"(C) extended care facility services;
"(D) rehabilitative services (including physical therapy) and
long-term physical medicine;
"(E) mental health services;
"(F) dental services;
"(G) vision services;
"(H) allied health services;
"(I) pharmaceutical services;
"(J) therapeutic radiologic services;
"(K) public health services (including nutrition education and
social services);
"(L) health education services; and
"(M) services which promote and facilitate optimal use of
primary health services and the services referred to in the
preceding subparagraphs of this paragraph, including, if a
substantial number of the individuals in the population served by
a migrant health center are of limited English-speaking ability,
the services of outreach workers fluent in the language spoken by
a predominant number of such individuals.
"(b)(1) The Secretary shall assign to high impact areas and any other
areas (where appropriate) priorities for the provision of assistance
under this section to projects and programs in such areas. The highest
priorities for such assistance shall be assigned to areas in which
reside the greatest number of migratory agricultural workers and the
members of their families for the longest period of time.
"(2) No application for a grant under subsection (c) or (d) for a
project in an area which has no migratory agricultural workers may be
approved unless grants have been provided for all approved applications
under such subsections for projects in areas with migratory agricultural
workers.
"(c)(1)(A) The Secretary may, in accordance with the priorities
assigned under subsection (b)(1), make grants to public and non-profit
private entities for projects to plan and develop migrant health centers
which will serve migratory agricultural workers, seasonal agricultural
workers, and the members of the families of such migratory and seasonal
workers, in high impact areas. A project for which a grant may be made
under this subparagraph may include the cost of the acquisition and
modernization of existing buildings (including the costs of amortizing
the principal of, and paying the interest on, loans) and the costs of
providing training related to the management of migrant health center
programs, and shall include--,
"(i) an assessment of the need that the workers (and the
members of the families of such workers) proposed to be served by
the migrant health center for which the project is undertaken have
for primary health services, supplemental health services, and
environmental health services;
"(ii) the design of a migrant health center program for such
workers and the members of their families, based on such
assessment;
"(iii) efforts to secure, within the proposed catchment area of
such center, financial and professional assistance and support for
the project; and
"(iv) initiation and encouragement of continuing community
involvement in the development and operation of the project.
"(B) The Secretary may make grants to or enter into contracts with
public and nonprofit private entities for projects to plan and develop
programs in areas in which no migrant health center exists and in which
not more than six thousand migratory agricultural workers and their
families reside for more than two months--,
"(i) for the provision of emergency care to migratory
agricultural workers, seasonal agricultural workers, and the
members of families of such migratory and seasonal workers;
"(ii) for the provision of primary care (as defined in
regulations of the Secretary) for such workers and the members of
their families;
"(iii) for the development of arrangements with existing
facilities to provide primary health services (not included as
primary care as defined under regulations under clause (ii)) to
such workers and the members of their families; or
"(iv) which otherwise improve the health of such workers and
their families.
Any such program may include the acquisition and modernization of
existing buildings and providing training related to the management of
programs assisted under this subparagraph.
"(2) Not more than two grants may be made under paragraph (1)(A) for
the same project, and if a grant or contract is made or entered into
under paragraph (1) (B) for a project, no other grant or contract under
that paragraph may be made or entered into for the project.
"(3) The amount of any grant made under paragraph (1) for any project
shall be determined by the Secretary.
"(d)(1)(A) The Secretary may, in accordance with priorities assigned
under subsection (b)(1), make grants for the costs of operation of
public and nonprofit private migrant health centers in high impact
areas.
"(B) The Secretary may, in accordance with priorities assigned under
subsection (b)(1), make grants for the costs of the operation of public
and nonprofit entities which intend to become migrant health centers,
which provide health services in high impact areas to migratory
agricultural workers, seasonal agricultural workers, and the members of
the families of such migratory and seasonal workers, but with respect to
which he is unable to make each of the determinations required by
subsection (f)(2). Not more than two grants may be made under this
subparagraph for any entity.
"(C) The Secretary may make grants to and enter into contracts with
public and nonprofit private entities for projects for the operation of
programs in areas in which no migrant health center exists and in which
not more than six thousand migratory agricultural workers and their
families reside for more than two months--,
"(i) for the provision of emergency care to migratory
agricultural workers, seasonal agricultural workers, and the
members of the families of such migratory and seasonal workers;
"(ii) for the provision of primary care (as defined in
regulations of the Secretary) for such workers and the members of
their families;
"(iii) for the development of arrangements with existing
facilities to provide primary health services (not included as
primary care as defined under regulations under clause (ii)) to
such workers and the members of their families; or
"(iv) which otherwise improve the health of such workers and
the members of their families.
Any such program may include the acquisition and modernization of
existing buildings and providing training related to the management of
programs assisted under this subparagraph.
"(2) The costs for which a grant may be made under paragraph (1)(A)
or (1)(B) may include the costs of acquiring and modernizing existing
buildings (including the costs of amortizing the principal of, and
paying the interest on, loans); and the costs for which a grant or
contract may be made under paragraph (1) may include the costs of
providing training related to the provision of primary health services,
supplemental health services, and environmental health services, and to
the management of migrant health center programs.
"(3) The amount of any grant made under paragraph (1) shall be
determined by the Secretary.
"(e) The Secretary may enter into contracts with public and private
entities to--,
"(1) assist the States in the implementation and enforcement of
acceptable environmental health standards, including enforcement
of standards for sanitation in migrant labor camps and applicable
Federal and State pesticide control standards; and
"(2) conduct projects and studies to assist the several States
and entities which have received grants or contracts under this
section in the assessment of problems related to camp and field
sanitation, pesticide hazards, and other environmental health
hazards to which migratory agricultural workers, seasonal
agricultural workers, and members of their families are exposed.
"(f)(1) No grant may be made under subsection (c) or (d) and no
contract may be entered into under subsection (c)(1)(B), (d)(1) (C), or
(e) unless an application therefore is submitted to, and approved by,
the Secretary. Such an application shall be submitted in such form and
manner and shall contain such information as the Secretary shall
prescribe. An application for a grant or contract which will cover the
costs of modernizing a building shall include, in addition to other
information required by the Secretary--,
"(A) a description of the site of the building,
"(B) plans and specifications for its modernization, and
"(C) reasonable assurance that all laborers and mechanics
employed by contractors or subcontractors in the performance of
work on the modernization of the building will be paid wages at
rates not less than those prevailing on similar work in the
locality as determined by the Secretary of Labor in accordance
with the Act of March 3, 1931 (40 U.S.C. 276a--276a-5, known as
the Davis-Bacon Act).
The Secretary of Labor shall have with respect to the labor standards
referred to in subparagraph (C) the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C.
Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).
"(2) The Secretary may not approve an application for a grant under
subsection (d)(1)(A) unless the Secretary determines that the entity for
which the application is submitted is a migrant health center (within
the meaning of subsection (a)(1)) and that--,
"(A) the primary health services of the center will be
available and accessible in the center's catchment area promptly,
as appropriate, and in a manner which assures continuity;
"(B) the center will have organizational arrangements,
established in accordance with regulations of the Secretary, for
(i) an ongoing quality assurance program (including utilization
and peer review systems) respecting the center's services, and
(ii) maintaining the confidentiality of patient records;
"(C) the center will demonstrate its financial responsibility
by the use of such accounting procedures and other requirements as
may be prescribed by the Secretary;
"(D) the center (i) has or will have a contractual or other
arrangement with the agency of the State, in which it provides
services, which administers or supervises the administration of a
State plan approved under title XIX of the Social Security Act
//42 USC 1396.// for the payment of all or a part of the center's
costs in providing health services to persons who are eligible for
medical assistance under such a State plan, or (ii) has made or
will make every reasonable effort to enter into such an
arrangement;
"(E) the center has made or will make and will continue to make
every reasonable effort to collect appropriate reimbursement for
its costs in providing health services to persons who are entitled
to insurance benefits under title XVIII of the Social Security
Act, //42 USC 1395.// to medical assistance under a State plan
approved under title XIX of such Act, or to assistance for medical
expenses under any other public assistance program or private
health insurance program;
"(F) the center (i) has prepared a schedule of fees or payments
for the provision of its services designed to cover its reasonable
costs of operation and a corresponding schedule of discounts to be
applied to the payment of such fees or payments, which discounts
are adjusted on the basis of the patient's ability to pay, (ii)
has made and will continue to make every reasonable effort (I) to
secure from patients payment for services in accordance with such
schedules, and (II) to collect reimbursement for health services
to persons described in subparagraph (E) on the basis of the full
amount of fees and payments for such services without application
of any discount, and (iii) has submitted to the Secretary such
reports as he may require to determine compliance with this
subparagraph;
"(G) the center has established a governing board which (i) is
composed of individuals a majority of whom are being served by the
center and who, as a group, represent the individuals being served
by the center, and (ii) establishes general policies for the
center (including the selection of services to be provided by the
center and a schedule of hours during which services will be
provided), approves the center's annual budget, and approves the
selection of a director for the center;
"(H) the center has developed, in accordance with regulations
of the Secretary, (i) an overall plan and budget that meets the
requirements of section 1861(z) of the Social Security Act, //42
USC 1395x.// and (ii) an effective procedure for compiling and
reporting to the Secretary such statistics and other information
as the Secretary may require relating to (I) the costs of its
operations, (II) the patterns of use of its services, (III) the
availability, accessibility, and acceptability of its services,
and (IV) such other matters relating to operations of the
applicant as the Secretary may, by regulation, require;
"(I) the center will review periodically its catchment area to
(i) insure that the size of such area is such that the services to
be provided through the center (including any satellite) are
available and accessible to the migratory agricultural workers,
seasonal agricultural workers, and the members of the families of
such migratory and seasonal workers, in the area promptly and as
appropriate, (ii) insure that the boundaries of such area conform,
to the extent practicable, to relevant boundaries of political
subdivisions, school districts, and Federal and State health and
social service programs, and (iii) insure that the boundaries of
such area eliminate, to the extent possible, barriers to access to
the services of the center, including barriers resulting from the
area's physical characteristics, its residential patterns, its
economic and social groupings, and available transportation; and
"(J) in the case of a center which serves a population
including a substantial proportion of individuals of limited
English-speaking ability, the center has (i) developed a plan and
made arrangements responsive to the needs of such population for
providing services to the extent practicable in the language and
cultural context most appropriate to such individuals, and (ii)
identified an individual on its staff who is fluent in both that
language and English and whose responsibilities shall include
providing guidance to such individuals and to appropriate staff
members with respect to cultural sensitivities and bridging
linguistic and cultural differences.
"(3) In considering applications for grants and contracts under
subsection (c) or (d)(1)(C), the Secretary shall give priority to
applications submitted by community-based organizations which are
representative of the populations to be served through the projects,
programs, or centers to be assisted by such grants or contracts.
"(4) Contracts may be entered into under this section without regard
to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41
U.S.C. 5).
"(g) The Secretary may provide (either through the Department of
Health, Education, and Welfare or by grant or contract) all necessary
technical and other nonfinancial assistance (including fiscal and
program management assistance and training in such management) to any
migrant health center or to any public or private nonprofit entity to
assist it in developing plans for, and in operating as, a migrant health
center, and in meeting the requirements of subsection (f)(2).
"(h)(1) There are authorized to be appropriated for payments pursuant
to grants and contracts under subsection (c)(1) $4,000,000 for fiscal
year 1976, and $4,000,000 for fiscal year 1977. Of the funds
appropriated under this paragraph for fiscal year 1976, not more than 30
per centum of such funds may be made available for grants and contracts
under subsection (c)(1)(B), and of the funds appropriated under this
paragraph for the next fiscal year, not more than 25 per centum of such
funds may be made available for grants and contracts under such
subsection.
"(2) There are authorized to be appropriated for payments pursuant to
grants and contracts under subsection (d)(1) (other than for payments
under such grants and contracts for the provision of inpatient and
outpatient hospital services) and for payments pursuant to contracts
under subsection (e) $30,000,000 for fiscal year 1976, and $35,000,000
for fiscal year 1977. Of the funds appropriated under the first
sentence for fiscal year 1976, there shall be made available for grants
and contracts under subsection (d)(1)(C) an amount not exceeding the
greater of 30 per centum of such funds or 90 per centum of the amount of
grants made under this section for the preceding fiscal year for
programs described in subsection (d)(1)(C). Of the funds appropriated
under the first sentence for fiscal year 1977, there shall be made
available for grants and contracts under subsection (d)(1)(C) an amount
not exceeding the greater of 25 per centum of such funds or 90 per
centum of the amount of grants made under this section for the preceding
fiscal year for programs described in subsection (d)(1)(C) which
received grants under this section for the fiscal year ending June 30,
1975. Of the funds appropriated under this paragraph for any fiscal
year, not more than 10 per centum of such funds may be made available
for contracts under subsection (e).
"(3) There are authorized to be appropriated for payments under
grants and contracts under subsection (d)(1) for the provision of
inpatient and outpatient hospital services $5,000,000 for fiscal year
1976, and $5,000,000 for fiscal year 1977.".
(b) Section 217 of the Public Health Services Act //42 USC 218.// is
amended by adding after the subsection (f) added by Public Law 93 - 248
the following new subsection:
"(g)(1) Within 120 days of the date of the enactment of this
subsection, the Secretary shall appoint and organize a National Advisory
Council on Migrant Health (hereinafter in this subsection referred to as
the ' Council') which shall advise, consult with, and make
recommendations to, the Secretary on matters concerning the
organization, operation, selection, and funding of migrant health
centers and other entities under grants and contracts under section 319.
"(2) The Council shall consist of fifteen members, at least twelve of
whom shall be members of the governing boards of migrant health centers
or other entities assisted under section 319. Of such twelve members
who are members of such governing boards, at least nine shall be chosen
from among those members of such governing boards who are being served
by such centers or grantees and who are familiar with the delivery of
health care to migratory agricultural workers and seasonal agricultural
workers. The remaining three Council members shall be individuals
qualified by training and experience in the medical sciences or in the
administration of health programs.
"(3) Each member of the Council shall hold office for a term of four
years, except that (A) any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term; and (B)
the terms of the members first taking office after the date of enactment
of this subsection shall expire as follows: four shall expire four
years after such date, four shall expire three years after such date,
four shall expire two years after such date, and three shall expire one
year after such date, as designated by the Secretary at the time of
appointment.
"(4) Section 14(a) of the Federal Advisory Committee Act //5 USC App.
I.// shall not apply to the Council.".
(c)(1) The Secretary of Health, Education, and Welfare (hereinafter
in this subsection referred to as the " Secretary") //42 USC 247d
note.// shall conduct or arrange for the conduct of a study of--,
(A) the quality of housing which is available to agricultural
migratory workers in the United States during the period of their
employment in seasonal agricultural activities while away from
their permanent abodes;
(B) the effect on the health of such workers of deficiencies in
their housing conditions during such period; and
(C) Federal, State, and local government standards respecting
housing conditions for such workers during such period and the
adequacy of the enforcement of such standards.
In conducting or arranging for the conduct of such study, the Secretary
shall consult with the Secretary of Housing and Urban Development.
(2) Such study shall be completed and a report detailing the findings
of the study and the recommendations of the Secretary for Federal action
(including legislation) respecting such housing conditions shall be
submitted to the Committee on Interstate and Foreign Commerce of the
House of Representatives and the Committee on Labor and Public Welfare
of the Senate within eighteen months of the date of the enactment of the
first Act making appropriations for such study.
Sec. 501. (a) Part C of title III of the Public Health Service Act
is amended by adding after section 329 the following new section:
" Sec. 330. //42 USC 254c.// (a) For purposes of this section, the
term 'community health center' means an entity which either through its
staff and supporting resources or through contracts or cooperative
arrangements with other public or private entities provides--,
"(1) primarily health services,
"(2) as may be appropriate for particular centers, supplemental
health services necessary for the adequate support of primary
health services,
"(3) referral to providers of supplemental health services and
payment, as appropriate and feasible, for their provision of such
services,
"(4) as may be appropriate for particular centers,
environmental health services, and
"(5) information on the availability and proper use of health
services,
for all residents of the area it serves (referred to in this section as
a 'catchment area').
"(b) For purposes of this section:
"(1) The term 'primary health services' means--,
"(A) services of physicians and, where feasible, services of
physicians' assistants and nurse clinicians;
"(B) diagnostic laboratory and radiologic services;
"(C) preventive health services (including children's eye and
ear examinations to determine the need for vision and hearing
correction, perinatal services, well child services, and family
planning services);
"(D) emergency medical services;
"(E) transportation services as required for adequate patient
care; and
"(F) preventive dental services.
"(2) The term 'supplemental health services' means services which are
not included as primary health services and which are--,
"(A) hospital services;
"(B) home health services;
"(C) extended care facility services;
"(D) rehabilitative services (including physical therapy) and
long-term physical medicine;
"(E) mental health services;
"(F) dental services;
"(G) vision services;
"(H) allied health services;
"(I) pharmaceutical services;
"(J) therapeutic radiologic services;
"(K) public health services (including nutrition education and
social services);
"(L) health education services; and
"(M) services which promote and facilitate optimal use of
primary health services and the services referred to in the
preceding subparagraphs of this paragraph, including, if a
substantial number of the individuals in the population served by
a community health center are of limited English-speaking ability,
the services of outreach workers fluent in the language spoken by
a predominant number of such individuals.
"(3) The term 'medically underserved population' means the population
of an urban or rural area designated by the Secretary as an area with a
shortage of personal health services or a population group designated by
the Secretary as having a shortage of such services.
"(c)(1) The Secretary may make grants to public and nonprofit private
entities for projects to plan and develop community health centers which
will serve medically underserved populations. A project for which a
grant may be made under this subsection may include the cost of the
acquisition and modernization of existing buildings (including the costs
of amortizing the principal of, and paying the interest on, loans) and
shall include--,
"(A) an assessment of the need that the population proposed to
be served by the community health center for which the project is
undertaken has for primary health services, supplemental health
services, and environmental health services;
"(B) the design of a community health center program for such
population based on such assessment;
"(C) efforts to secure, within the proposed catchment area of
such center, financial and professional assistance and support for
the project; and
"(D) initiation and encouragement of continuing community
involvement in the development and operation of the project.
"(2) Not more than two grants may be made under this subsection for
the same project.
"(3) the amount of any grant made under this subsection for any
project shall be determined by the Secretary.
"(d)(1)(A) The Secretary may make grants for the costs of operation
of public and nonprofit private community health centers which serve
medically underserved populations.
"(B) The Secretary may make grants for the costs of the operation of
public and nonprofit private entities which provide health services to
medically underserved populations but with respect to which he is unable
to make each of the determinations required by subsection (e)( 2).
"(2) The costs for which a grant may be made under paragraph (1) may
include the costs of acquiring and modernizing existing buildings
(including the costs of amortizing the principal of, and paying interest
on, loans) and the costs of providing training related to the provision
of primary health services, supplemental health services and
environmental health services, and to the management of community health
center programs.
"(3) Not more than two grants may be made under paragraph (1)(B) for
the same entity.
"(4) The amount of any grant made under paragraph (1) shall be
determined by the Secretary.
"(e)(1) No grant may be made under subsection (e) or (d) unless an
application therefor is submitted to, and approved by, the Secretary.
Such an application shall be submitted in such form and manner and shall
contain such information as the Secretary shall prescribe. An
application for a grant which will cover the costs of modernizing a
building shall include, in addition to other information required by the
Secretary--,
"(A) a description of the site of the building,
"(B) plans and specifications for its modernization, and
"(C) reasonable assurance that all laborers and mechanics
employed by contractors or subcontractors in the performance of
work on the modernization of the building will be paid wages at
rates not less than those prevailing on similar work in the
locality as determined by the Secretary of Labor in accordance
with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5, known as the
Davis-Bacon Act).
The Secretary of Labor shall have with respect to the labor standards
referred to in subparagraph (C) the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 5 U.S.C.
Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).
"(2) Except as provided in subsection (d)(1)(B), the Secretary may
not approve an application for a grant under subsection (d) unless the
Secretary determines that the entity for which the application is
submitted is a community health center (within the meaning of
subsection(a)) and that--,
"(A) the primary health services of the center will be
available and accessible in the center's catchment area promptly,
as appropriate, and in a manner which assures continuity;
"(B) the center will have organizational arrangements,
established in accordance with regulations prescribed by the
Secretary, or (i) an ongoing quality assurance program (including
utilization and peer review systems) respecting the center's
services, and (ii) maintaining the confidentiality of patient
records;
"(C) the center will demonstrate its financial responsibility
by the use of such accounting procedures and other requirements as
may be prescribed by the Secretary;
"(D) the center (i) has or will have a contractual or other
arrangement with the agency of the State, in which it provides
services, which administers or supervises the administration of a
State plan approved under title XIX of the Social Security Act
//42 USC 1396.// for the payment of all or a part of the center's
costs in providing health services to persons who are eligible for
medical assistance under such a State plan, or (ii) has made or
will make every reasonable effort to enter into such an
arrangement;
"(E) the center has made or will make and will continue to make
every reasonable effort to collect appropriate reimbursement for
its costs in providing health services to persons who are entitled
to insurance benefits under title XVIII of the Social Security
Act, //42 USC 1395.// to medical assistance under a State plan
approved under title XIX of such Act, //42 USC 1396.// or to
assistance for medical expenses under any other public assistance
program or private health insurance program;
"(F) the center (i) has prepared a schedule of fees or payments
for the provision of its services designed to cover its reasonable
costs of operation and a corresponding schedule of discounts to be
applied to the payment of such fees or payments, which discounts
are adjusted on the basis of the patient's ability to pay, (ii)
has made and will continue to make every reasonable effort (I) to
secure from patients payment for services in accordance with such
schedules, and (II) to collect reimbursement for health services
to persons described in subparagraph (E) on the basis of the full
amount of fees and payments for such services without application
of any discount, and (iii) has submitted to the Secretary such
reports as he may require to determine compliance with this
subparagraph;
"(G) the center has established a governing board which (i) is
composed of individuals a majority of whom are being served by the
center and who, as a group, represent the individuals being served
by the center, and (ii) meets at least once a month, establishes
general policies for the center (including the selection of
services to be provided by the center and a schedule of hours
during which services will be provided), approves the center's
annual budget, and approves the selection of a director for the
center;
"(H) the center has developed, in accordance with regulations
of the Secretary, (i) an overall plan and budget that meets the
requirements of section 1861(z) of the Social Security Act, //42
USC 1395x.// and (ii) an effective procedure for compiling and
reporting to the Secretary such statistics and other information
as the Secretary may require relating to (I) the costs of its
operations, (II) the patterns of use of its services, (III) the
availability, accessibility, and acceptability of its services,
and (IV) such other matters relating to operations of the
applicant as the Secretary may, by regulation, require;
"(I) the center will review periodically its catchment area to
(i) insure that the size of such area is such that the services to
be provided through the center (including any satellite) are
available and accessible to the residents of the area promptly and
as appropriate, (ii) insure that the boundaries of such area
conform, to the extent practicable, to relevant boundaries of
political subdivisions, school districts, and Federal and State
health and social service programs, and (iii) insure that the
boundaries of such area eliminate, to the extent possible,
barriers to access to the services of the center, including
barriers resulting from the area's physical characteristics, its
residential patterns, its economic and social groupings, and
available transportation; and
"(J) in the case of a center which serves a population
including a substantial proportion of individuals of limited
English-speaking ability, the center has (i) developed a plan and
made arrangements responsive to the needs of such population for
providing services to the extent practicable in the language and
cultural context most appropriate to such individuals, and (ii)
identified an individual on its staff who is fluent in both that
language and in English and whose responsibilities shall include
providing guidance to such individuals and to appropriate staff
members with respect to cultural sensitivities and bridging
linguistic and cultural differences.
"(f) The Secretary may prvide (either through the Department of
Health, Education, and Welfare or by grant or contract) all necessary
technical and other nonfinancial assistance (including fiscal and
program management assistance and training in such management) to any
public or private nonprofit entity to assist it in developing plans for,
and in operating as, a community health center, and in meeting
requirements of subsection (e)(2).
"(g)(1) There are authorized to be appropriated for payments pursuant
to grants under subsection (c) $5,000,000 for fiscal year 1976, and
$5,000,000 for fiscal year 1977.
"(2) There are authorized to be appropriated for payments pursuant to
grants under subsection (d) $215,000,000 for fiscal year 1976, and
$235,000,000 for fiscal year 1977.".
(b) Section 314(e) of the Public Health Service Act is repealed.
//42 USC 246.//
Sec. 601. (a) Section 317(h)(1) of the Public Health Service Act
//42 USC 247b.// is amended by striking out "and RH disease" and
inserting in lieu thereof", RH disease, and diseases borne by rodents".
(b) Section 317(d)(3) of such Act is amended by adding at the end
thereof the following: " There is authorized to be appropriated for
fiscal year 1976 $20,000,000 for grants under this section for
communicable and other disease control programs for diseases borne by
rodents.".
Sec. 602. (a)(1) For the purpose of demonstrating the establishment
and initial operation of public and nonprofit private agencies (as
defined in section 1861(o) of the Social Security Act) //42 USC 1395x.//
which will provide home health services (as defined in section 1861(m)
of the Social Security Act) in areas in which such services are not
otherwise available, the Secretary of Health, Education, and Welfare
may, in accordance with the provisions of this section, make grants to
meet the initial costs of establishing and operating such agencies and
expanding the services available through existing agencies, and to meet
the costs of compensating professional and paraprofessional personnel
during the initial operation of such agencies or the expansion of
services of existing agencies. //42 USC 1395x note.//
(2) In making grants under this subsection, the Secretary shall
consider the relative needs of the several States for home health
services and preference shall be given to areas within a State in which
a high percentage of the population porposed to be served is composed of
individuals who are elderly, medically indigent, or both.
(3) Applications for grants under this subsection shall be in such
form and contain such information as the Secretary shall prescribe by
regulation.
(4) Payment of grants under this subsection may be made in advance or
by way of reimbursement or in installments as the Secretary may
determine.
(5) There are authorized to be appropriated $8,000,000 for fiscal
year 1976 for payments under grants under this subsection.
(b)(1) The Secretary of Health, Education, and Welfare may make
grants to public and nonprofit private entities to assist them in
demonstrating the training of professional and paraprofessional
personnel to provide home health services (as defined in section 1861(
m) of the Social Security Act). //42 USC 1395x.//
(2) Applications for grants under this subsection shall be in such
form and contain such information as the Secretary shall by regulations,
prescribe.
(3) Payment of grants under this section may be made in advance or by
way of reimbursement, or in installments, as the Secretary shall
determine.
(4) There is authorized to be appropriated $2,000,000 for fiscal year
1976 for payments under grants under this subsection.
Sec. 603. (a) The Secretary of Health, Education, and Welfare shall
appoint a Committee on Mental Health and Illness of the Elderly //42 USC
289k-2 note.// (hereinafter in this section referred to as the "
Committee") to make a study of and recommendations respecting--,
(1) the future needs for mental health facilities, manpower,
research, and training to meet the mental health care needs of
elderly persons,
(2) the appropriate care of elderly persons who are in mental
institutions or who have been discharged from such institutions,
and
(3) proposals for implementing the recommendations of the 1971
White House Conference on Aging respecting the mental health of
the elderly.
(b) Within one year from the date of enactment of this Act the
Secretary shall report to the Committee on Labor and Public Welfare of
the Senate and the Committee on Interstate and Foreign Commerce of the
House of Representatives the findings of the Committee under the study
under subsection (a) and the Committee's recommendations under such
subsection.
(c)(1) The Committee shall be composed of nine members appointed by
the Secretary of Health, Education, and Welfare. The Committee shall
include at least one member from each of the fields of psychology,
psychiatry, social science, social work, and nursing. Each member of
the Committee shall by training, experience, or attainments be
exceptionally qualified to assist in carrying out the functions of the
Committee.
(2) Members of the Committee shall receive compensation at a rate to
be fixed by the Secretary, but not exceeding the daily equivalent of the
annual rate of basic pay in effect for grade GS-18 of the General
Schedule, //5 USC 5332 note.// for each day (including traveltime)
during which they are engaged in the actual performance of duties vested
in the Committee. While away from their homes or regular places of
business in the performance of services for the Committee, members of
the Committee shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5 of the United States Code.
(d) The Committee shall cease to exist thirty days after the
submission of the report pursuant to subsection (b).
Sec. 604. (a) The Secretary of Health, Education, and Welfare shall
establish a temporary commission to be known as the Commission for the
Control of Epilepsy and Its Consequences (hereinafter referred to in
this section as the " Commission"). //42 USC 289 note.//
(b) It shall be the duty of the Commission to--,
(1) make a comprehensive study of the state of the art of
medical and social management of the epilepsies in the United
States;
(2) investigate and make recommendations concerning the proper
roles of Federal and State governments and national and local
public and private agencies in research, prevention,
identification, treatment, and rehabilitation of persons with
epilepsy;
(3) develop a comprehensive national plan for the control of
epilepsy and its consequences based on the most thorough,
complete, and accurate data and information available on the
disorder; and
(4) transmit to the President and the Committee on Labor and
Public Welfare of the Senate and the Committee on Interstate and
Foreign Commerce of the House of Representatives, not later than
one year after the date of enactment of this Act, a report
detailing the findings and conclusions of the Commission, together
with recommendations for legislation and appropriations, as it
deems advisable.
(c)(1) The Commission shall be composed of nine members to be
appointed by the Secretary of Health, Education, and Welfare. Such
members shall be persons, including consumers of health services, who,
by reason of experience or training in the medical, social, or
educational aspects of the epilepsies, are especially qualified to serve
on such Commission.
(2) the Secretary shall designate one of the members of the
Commission to serve as Chairman and one to serve as Vice Chairman.
Vacancies shall be filled in the same manner in which the original
appointments were made. Any vacancy in the Commission shall not affect
its powers.
(3) Any member of the Commission who is otherwise employed by the
Federal Government shall serve without compensation in addition to that
received in his regular employment, but shall be entitled to
reimbursement for travel, subsistence, and other necessary expenses
incurred by him in the performance of his duties on the Commission.
(4) Members of the Commission, other than those referred to in
paragraph (3), shall receive compensation at rates, not to exceed the
daily equivalent of the annual rate in effect for grade GS-18 of the
General Schedule, //5 USC 5332 note.// for each day (including
traveltime) they are engaged in the performance of their duties and,
while so serving away from their homes or regular places of business,
each member shall be allowed travel expenses, including per diem in lieu
of subsistence in the same manner as is authorized by section 5703 of
title 5, United States Code, for persons in Government service employed
intermittently.
(d) The Commission shall cease to exist thirty days after the
submission of the final report required by subsection (b)(4).
Sec. 605. (a) The Secretary of Health, Education, and Welfare shall
establish a temporary commission to be known as the Commission for the
Control of Huntington's Disease and Its Consequences (hereinafter
referred to in this section as the " Commission"). //42 USC 289 note.//
(b) It shall be the duty of the Commission to--,
(1) make a comprehensive study of the state of the art of
medical and social management of Huntington's disease in the
United States;
(2) investigate and make recommendations concerning the proper
roles of Federal and State governments and national and local
public and private agencies in research, prevention,
identification, treatment, and rehabilitation of persons with
Huntington's disease;
(3) develop a comprehensive national plan for the control of
Huntington's disease and its consequences based on the most
thorough, complete, and accurate data and information available on
the disorder; and
(4) transmit to the President and the Committee on Labor and
Public Welfare of the Senate and the Committee on Interstate and
Foreign Commerce of the House of Representatives, not later than
one year after the date of enactmen of this Act, a report
detailing the findings and conclusions of the Commission, together
with recommendations for legislation and appropriations, as it
deems advisable.
(c)(1) The Commission shall be composed of nine members to be
appointed by the Secretary of Health, Education, and Welfare. Such
members shall be persons, including consumers of health services, who,
by reason of experience or training in the medical, social, or
educational aspects of Huntington's disease, are especially qualified to
serve on such Commission.
(2) The Secretary shall designate one of the members of the
Commission to serve as Chairman and one to serve as Vice Chairman.
Vacancies shall be filled in the same manner in which the original
appointments were made. Any vacancy in the Commission shall not affect
its powers.
(3) Any member of the Commission who is otherwise employed by the
Federal Government shall serve without compensation in addition to that
received in his regular employment, but shall be entitled to
reimbursement for travel, subsistence, and other necessary expenses
incurred by him in the performance of his duties on the Commission.
(4) Members of the Commission, other than those referred to in
paragraph (3), shall receive compensation at rates, not to exceed the
daily equivalent of the annual rate in effect for grade GS-18 of the
General Schedule, //5 USC 5332 note.// for each day (including
traveltime) they are engaged in the performance of their duties and,
while so serving away from their homes or regular places of business,
each member shall be allowed travel expenses, including per diem in lieu
of subsistence in the same manner as is authorized by section 5703 of
title 5, United States Code, for persons in Government service employed
intermittently.
(d) The Commission shall cease to exist thirty days after the
submission of the final report required by subsection (b)(4).
Sec. 606. Title XI of the Public Health Service Act is amended by
adding after part C the following new part:
" Sec. 1131. //42 USC 300c-21.// (a) The Secretary may make grants
to and enter into contracts with public and nonprofit private entities
for projects for the establishment of comprehensive hemophilia
diagnostic and treatment centers. A center established under this
subsection shall provide--,
"(1) access to the services of the center for all individuals
suffering from hemophilia who reside within the geographic area
served by the center;
"(2) programs for the training of professional and
paraprofessional personnel in hemophilia research, diagnosis, and
treatment;
"(3) a program for the diagnosis and treatment of individuals
suffering from hemophilia who are being treated on an outpatient
basis;
"(4) a program for association with providers of health care
who are treating individuals suffering from hemophilia in areas
not conveniently served directly by such center but who are more
conveniently (as determined by the Secretary) served by it than by
the next geographically closest center;
"(5) programs of social and vocational counseling for
individuals suffering from the hemophilia; and
"(6) individualized written comprehensive care programs for
each individual treated by or in association with such center.
"(b) No grant or contract may be made under subsection (a) unless an
application therefor has been submitted to and approved by the
Secretary. Such application shall be in such form, submitted in such
manner, and contain such information, as the Secretary shall be
regulation prescribe.
"(c) An application for a grant or contract under subsection (a)
shall contain assurances satisfactory to the Secretary that the
applicant will serve the maximum number of individuals that its
available and potential resources will enable it to effectively serve.
"(d) In considering applications for grants and contracts under
subsection (a) for projects to establish hemophilia diagnostic and
treatment centers, the Secretary shall--,
"(1) take into account the number of persons to be served by
the programs to be supported by such centers and the extent to
which rapid and effective use will be made by such centers of
funds under such grants and contracts, and
"(2) give priority to projects for centers which will operate
in areas which the Secretary determines have the greatest number
of persons in need of the services provided by such centers.
"(e) Contracts may be entered into under subsection (a) without
regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C.
529; 41 U.S.C. 5).
"(f) There are authorized to be appropriated to make payments under
grants and contracts under subsection (a) $3,000,000 for fiscal year
1976, and $4,000,000 for fiscal year 1977.
" Sec. 1132. //42 USC 300c-22.// (a) The Secretary may make grants
to and enter into contracts with public and nonprofit private entities
for projects to develop and expand, within existing facilities,
blood-separation centers to separate and make available for distribution
blood components to providers of blood services and manufacturers of
blood fractions. For purposes of this section--,
"(1) the term 'blood components' means those constituents of
whole blood which are used for therapy and which are obtained by
physical separation processes which result in licensed products
such as red blood cells, platelets, white blood cells, AHF-RICH
plasma, fresh-frozen plasma, cryoprecipitate, and single unit
plasma for infusion; and
"(2) the term 'blood fractions' means those constituents of
plasma which are used for therapy and which are obtained by
licensed fractionation processes presently used in manufacturing
which result in licensed products such as normal serum albumin,
plasma, protein fraction, prothrombin complex, fibrinogen, AHF
concentrate, immune serum globulin, and hyperimmune globulins.
"(b) In the event the Secretary finds that there is an insufficient
supply of blood fractions available to meet the needs for treatment of
persons suffering from hemophilia, and that public and other nonprofit
private centers already engaged in the production of blood fractions
could alleviate such insufficiency with assistance under this
subsection, he may make grants not to exceed $500,000 to such centers
for the purposes of alleviating the insufficiency.
"(c) No grant or contract may be made under subsection (a) or (b)
unless an application therefor has been submitted to and approved by the
Secretary. Such an application shall be in such form, submitted in such
manner, and contain such information as the Secretary shall by
regulation prescribe.
"(d) Contracts may be entered into under subsection (a) without
regard to section 3648 and 3709 of the Revised Statutes (31 U.S.C. 529;
41 U.S.C. 5).
"(e) For the purpose of making payments under grants and contracts
under subsections (a) and (b), there are authorized to be appropriated
$4,000,000 for fiscal year 1976, and $5,000,000 for fiscal year 1977.".
Sec. 607. (a) Section 399c of the Public Health Service Act (added
by Public Law 93 - 222) //42 USC 280c.// is redesignated as section 399
A.
(b) The section 472 of the Public Health Service Act //42 USC
289l-4.// entitled " Peer Review of Grant Applications and Control
Projects" is redesignated as section 475.
(c) The amendments made by subsections (a) and (b) shall take effect
on the date of the enactment of this Act. //42 USC 280c note.//
Sec. 608. Except as may otherwise be specifically provided, the
amendments made by this title and by titles I, II, III, IV, and V of
this Act shall take effect July 1, 1975. The amendments made by this
title and by such titles to the provisions of law amended by this title
and by such titles are made to such provisions as amended by title VII
of this Act. //42 USC 247b note.//
Sec. 701. //42 USC 246.// (a) Section 314(d)(1) of the Public Health
Service Act (relating to grants for comprehensive public health
services) is amended by striking out "for the fiscal year ending June
30, 1974" and inserting in lieu thereof "each for the fiscal years
ending June 30, 1974, and June 30, 1975".
(b)(1) The first sentence of section 314(e) of such Act (relating to
project grants for health services development) is amended by striking
out "for the fiscal year ending June 30, 1974" and inserting in lieu
thereof "each for the fiscal years ending June 30, 1974, and June 30,
1975".
(2) The next to last sentence of such section is amended (A) by
striking out "1974" and inserting "1975", and (B) by striking out "title
I of the Health Programs Extension Act of 1973" and inserting in lieu
therof "title VII of the Health Revenue Sharing and Health Services Act
of 1975".
(c) Section 319 of such Act //42 USC 247d.// (relating to migrant
health) is amended by striking out "for the fiscal year ending June 30,
1974" and inserting in lieu thereof "each for the fiscal years ending
June 30, 1974, and June 30, 1975".
(d) Section 1001(c), 1003(b), 1004(b), and 1005(b) of title X of such
Act //42 USC 300, 300a-1-300a-3.// (relating to population research and
family planning) are each amended by striking out "for the fiscal year
ending June 30, 1974" and inserting in lieu thereof "each for the fiscal
years ending June 30, 1974, and June 30, 1975".
(e)(1) Section 201 of the Community Mental Health Centers Act //42
USC 2681.// (relating to grants for construction) is amended by striking
out "for the fiscal year ending June 30, 1974" and inserting in lieu
thereof "each for the fiscal years ending June 30, 1974, and June 30,
1975".
(2) Section 207 of such Act //42 USC 2687.// is amended by striking
out "1974" and inserting "1975".
(3) Section 221(b) of such Act //42 USC 2688a.// is amended by
striking out "1974" each place it occurs and inserting in lieu thereof
"1975".
(4) Section 224(a) of such Act //42 USC 2688d.// (relating to
staffing grants) is amended by striking out "for the fiscal year ending
June 30, 1974" and inserting in lieu thereof "each for the fiscal years
ending June 30, 1974, and June 30, 1975".
(5)(A) Section 246 of such Act //42 USC 2688j-1.// (relating to
alcoholism programs) is amended by striking out "1974" and inserting in
lieu thereof "1975".
(B) Section 247(d) of such Act //42 USC 2688j-2.// is amended by
striking out "and June 30, 1974" and inserting in lieu thereof " June
30, 1974, and June 30, 1975".
(6)(A) Section 252 of such Act //42 USC 2688l.// (relating to drug
abuse programs) is amended by striking out "1974" and inserting in lieu
thereof "1975".
(B) Section 253(d) //42 USC 2688l-1.// is amended by striking out
"for the fiscal year ending June 30, 1974" and inserting in lieu thereof
"each for the fiscal years ending June 30, 1974, and June 30, 1975".
(C) Section 256(e) of such Act //42 USC 2688n-1.// is amended by
striking out "for the fiscal year ending June 30, 1974, and inserting in
lieu thereof "each for the fiscal years ending June 30, 1974, and June
30, 1975".
(7) Section 261 of such Act //42 USC 2688o.// (relating to
authorizations for alcoholism and drug abuse programs) is amended (A) by
striking out "for the fiscal year ending June 30, 1974" in subsection
(a) and inserting in lieu thereof "each for the fiscal years ending June
30, 1974, and June 30, 1975", and (B) by striking out "1974" in
subsection (b) and inserting in lieu thereof "1975".
(8) Section 271(d) of such Act //42 USC 2688u.// (relating to mental
health of children) is amended (A) by striking out "for the fiscal year
ending June 30, 1974" in paragraph (1) and inserting in lieu thereof
"each for the fiscal years ending June 30, 1974, and June 30, 1975", and
(B) by striking out "1974) in paragraph (2) and inserting in lieu
thereof "1975".
Sec. 801. Subsection (h) of section 329 of the Public Health Service
Act //42 USC 254b.// is amended--,
(1) by striking out "and" after "1973;", and
(2) by adding before the period at the end the following:";
$16,000,000 for the fiscal year ending June 30, 1975; and
$30,000,000 for the fiscal year ending June 30, 1976".
Sec. 802. Subsection (d) of such section //42 USC 254b.// is amended
by redesignating paragraph (2) as paragraph (4) and inserting after
paragraph (1) the following new paragraphs:
"(2) The Secretary may make a grant to any applicant with an approved
application for the assignment of Corps personnel to assist the entity
in meeting the costs of establishing medical practice management systems
for Corps personnel, acquiring supplies and equipment for their use in
providing health services, and other expenses related to the provision
of health services. Not more than one grant may be made with respect to
any one health manpower shortage area designated under subsection
(b)(1). No grant may be made under this paragraph unless an application
therefor is submitted to, and approved by, the Secretary. The amount of
any grant shall be determined by the Secretary, except that no grant may
exceed $25,000.
"(3) Upon the expiration of the assignment of Corps personnel to
provide health services for the residents of a critical health manpower
shortage area, the Secretary (notwithstanding any other provision of
law) may (A) sell (at fair market value (as determined by the
Secretary)) to the entity which submitted the last approved application
for the assignment of Corps personnel for such area equipment and
supplies of the United States utilized by such personnel in providing
health services or (B) if the Secretary determines that the entity is
financially unable to purchase such supplies or equipment at their fair
market value, sell to such entity such supplies or equipment at less
than fair market value or transfer such supplies or equipment to the
entity.".
Sec. 803. Paragraph 2 of subsection (b) of such section //42 USC
254b.// is amended (1) by striking out the last 2 sentences of
subparagraph (C), and (2) by adding after subparagraph (C) the following
new subparagraph:
"(D) (i) The Secretary shall require as a condition to the approval
of an application for the assignment of Corps personnel that the entity
which submits the application enter into an appropriate arrangement with
the Secretary under which the entity shall take such action as may be
reasonable for the collection of payments for health services provided
by Corps personnel, including if a Federal agency, an agency of a State
or local government, or other third party would be responsible for
payment of all or part of the cost of such health services if it had not
been provided by Corps personnel under this section, the collection, on
a fee-for-service or other basis, from such agency or third party the
portion of such cost for which it would be so responsible (and in
determining the amount of such cost which such agency or third party
would be responsible, the health services provided by Corps personnel
shall be considered as being provided by private practitioners).
"(ii) Any funds collected by an entity under clause (i) shall be paid
to the Secretary for deposit in the Treasury as miscellaneous receipts.
Such funds shall be disregarded in determining (I) the amounts of
appropriations to be requested under subsection (h), and (II) the
amounts to be made available from appropriations under such subsection
to carry out this section. The Secretary may waive in whole or in part
the application of the requirement of the first sentence to an entity if
he determines that compliance with such requirement would unduly limit
the ability of the entity to maintain the quality or level of health
services provided by Corps personnel.".
Sec. 901. (a) This title may be cited as the " Nurse Training Act of
1975". //42 USC 296 note.//
(b) Whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Public Health Service Act. //42 USC 201 note.//
Sec. 902. (a) Section 801 //42 USC 296.// (relating to construction
grants) is amended by striking out "for the fiscal year ending June 30,
1974" and inserting in lieu thereof "each for the fiscal years ending
June 30, 1974, and June 30, 1975".
(b) Section 806(i) //42 USC 296e.// (relating to capitation grants)
is amended by striking out "for the fiscal year ending June 30, 1974"
and inserting in lieu thereof "each for the fiscal years ending June 30,
1974, and June 30, 1975".
(c) Section 808 //42 USC 296g.// (relating to special project grants
and contracts and financial distress grants) is amended by striking out
"for the fiscal year ending June 30, 1974" each place it occurs and
inserting in lieu thereof "each for the fiscal years ending June 30,
1974, and June 30, 1975".
(d) Section 809 //42 USC 296d.// (relating to loan guarantees and
interest subsidies) is amended--,
(1) by striking out "1974" in subsections (a) and (b) and
inserting in lieu thereof "1975", and
(2) by striking out "in the fiscal year ending June 30, 1974"
in subsection (e) and inserting in lieu thereof "in the fiscal
year ending June 30, 1974, or in the next fiscal year".
(e) Section 810(d) //42 USC 296i.// (relating to start-up grants) is
amended by striking out "for the fiscal year ending June 30, 1974" and
inserting in lieu thereof "each for the fiscal years ending June 30,
1974, and June 30, 1975".
(f) Section 850 //42 USC 298c.// (relating to scholarships) is
amended--,
(1) by striking out "next two fiscal year" in subsection (b)
and inserting in lieu thereof "next three fiscal years",
(2) by striking out "1975" in that subsection and inserting in
lieu thereof "1976",
(3) by striking out "1974" in that subsection and inserting in
lieu thereof "1975",
(4) by striking out "the next two fiscal years" in subsection
(c)(1)(A) and inserting in lieu thereof "the next three fiscal
years",
(5) by striking out "1974" in subsection (c)(1)(B) and
inserting in lieu thereof "1975", and
(6) by striking out "1975" in that subsection and inserting in
lieu thereof "1976".
(g) Section 868(b) //42 USC 298c-7.// (relating to recruitment
programs) is amended by striking out "for the fiscal year ending June
30, 1974" and inserting in lieu thereof "each for the fiscal years
ending June 30, 1974, and June 30, 1975".
Sec. 905. Except as may otherwise be specifically provided, the
amendments made by this part shall take effect July 1, 1975. The
amendments made by this part to provisions of title VIII of the Public
Health Service Act (hereinafter in this part referred to as the " Act")
are made to such provisions as amended by part A of this title. //42
USC 296 note.//
Sec. 910. (a)(1) Section 801 //42 USC 296.// is amended by striking
out "and" after "1973,"; and by inserting before the period a comma and
the following: "$20,000,000 for fiscal year 1976, $20,000,000 for
fiscal year 1977, and $20,000,000 for fiscal year 1978".
(2) Effective with respect to grants for construction projects under
part A of title VIII of the Act made from appropriations under section
801 of the Act, section 802(c)(1)(A) //42 USC 296a.// is amended (A) by
inserting "(i)" after "proposed facilities", and (B) by inserting before
the semicolon ", or (ii) in expanding the capacity of the school to
provide graduate training".
(b)(1)(A) Subsections (a) and (b) of section 809 //42 USC 296d.// are
each amended by striking out " June 30, 1975" and inserting in lieu
thereof " September 30, 1978".
(B)(1) The last sentence of subsection (a) of section 809 is amended
(I) by striking out "(1) and (II) by striking out all after "the
project" and inserting in lieu thereof a period.
(ii) The amendment made by clause (i) shall apply with respect to
loans guaranteed under subpart I of part A of title VIII of the Act
after the date of the enactment of this Act. //42 USC 296d note.//
(2) The second sentence of subsection (e) of such section //42 USC
296d.// is amended (A) by striking out "and" after "1973,", and (B) by
inserting after "the next fiscal year" a comma and the following:
"$1,000,000 in fiscal year 1976, $1,000,000 in fiscal year 1977, and
$1,000,000 in fiscal year 1978".
(c)(1) Subsection (a) of section 809 //42 USC 296d.// is amended by
inserting "or the Federal Financing Bank" and "non-Federal lenders".
(2) Subsection (b) of section 809 is amended by inserting "or the
Federal Financing Bank" after "non-Federal lender".
Sec. 911. (a)(1) Title VIII is amended by inserting after the
heading for part A the following: //42 USC 296.//
(2) The heading for part A is amended by striking out " Grants" and
inserting in lieu thereof " Assistance".
(b) Section 809 //42 USC 296d.// is inserted after section 804 and is
redesignated as section 805.
Sec. 915. (a) Section 806(a) //42 USC 296e.// is amended by striking
out paragraphs (1) and (2) and inserting in lieu thereof the following:
"(1) Each collegiate school of nursing shall receive $400 for
each undergraduate full-time student enrolled in each of the last
two years of such school in such year.
"(2) Each associate degree school of nursing shall receive (A)
the product of $275 and one-half of the number of full-time
students enrolled in the first year of such school in such year,
and (B) $275 for each full-time student enrolled in the last year
of such school in such year.
"(3) Each diploma school of nursing shall receive $250 for each
full-time student enrolled in such school in such year.".
(b) Subsections (c), (d), (e), and (f) of section 806 are repealed
and the following new subsection is inserted after subsection (b):
"(c)(1) Requirements for Grants.--The Secretary shall not make a
grant under subsection (a) to any school of nursing in fiscal year
beginning after June 30, 1975, unless the application for such grant
contains or is supported by reasonable assurances satisfactory to the
Secretary that--,
"(a) the first-year enrollment of full-time students in the
school in the school year beginning after the fiscal year in which
the grant applied for is to be made will not be less than the
first-year enrollment of such students in the school in the
preceding school year; and
"(B) that the school will expend in carrying out its function
as a school of nursing, during the fiscal year for which such
grant is sought, an amount of funds (other than funds for
construction as determined by the Secretary) from non-Federal
sources which is at least as great as the average amount of funds
expended by such applicant for such purposes (excluding
expenditures of a nonrecurring nature) in the three fiscal years
immediately preceding the fiscal year for which such grant is
sought.
The requirement of subparagraph (A) shall be in addition to the
requirements of section 802(b)(2)(D), //42 USC 296a.// where applicable.
"(2) The Secretary shall not make a grant under subsection (a) to any
school of nursing in a fiscal year beginning after June 30, 1975, unless
one of the following requirements is met:
"(A) The application for such grant shall contain or be
supported by reasonable assurances satisfactory to the Secretary
that for the school year beginning after the close of the fiscal
year in which such grant is to be made and for each school year
thereafter beginning in a fiscal year in which such a grant is
made the first year enrollment of full-time studetns in such
school will exceed the number of such students enrolled in the
school year beginning during the fiscal year ending June 30,
1975--,
"(i) by 10 per centum of such number if such number was not
more than one hundred, or
"(ii) by 5 per centum of such number, or ten students,
whichever is greater, if such number was more than one hundred.
"(B) The school has provided reasonable assurance satisfactory
to the Secretary that it will carry out, in accordance with a plan
submitted by the school to the Secretary and approved by him, at
least two of the following programs in the school year beginning
after the close of the fiscal year in which such grant is to be
made and in each school year thereafter beginning in a fiscal year
in which such a grant is made:
"(i) In the case of collegiate schools of nursing, a program
for the training of nurse practitioners (as defined in section
822).
"(ii) A program under which students enrolled in a school of
nursing will receive a significant portion of their clinical
training in community health centers, long-term care facilities,
and ambulatory care facilities geographically remote from the main
site of the teaching facilities of the school.
"(iii) A program for the continuing education of nurses which
meets needs identified by appropriate State, regional, or local
health or educational entities (including health systems
agencies).
"(iv) A program to identify, recruit, enroll, retain, and
graduate individuals from disadvantaged backgrounds (as determined
in accordance with criteria prescribed by the Secretary) under
which program at least 10 per centum of each year's entering class
"or ten students, whichever is greater) is comprised of such
individuals.".
(c)(1) Section 806(i)(1) //42 USC 296e.// is amended by
striking out "and" after "1973," and by inserting before "for
grants" the following: "$50,000,000 for fiscal year 1976,
$55,000,000 for fiscal year 1977, and $55,000,000 for fiscal year
1978".
(d) For fiscal year 1976, and for each of the next two fiscal
years, there are authorized to be appropriated such sums as may be
necessary to continue to make annual grants to schools of nursing
under section 806(a) of the Act (as in effect on June 30, 1975)
based on the number of enrollment bonus students (determined in
accordance with subsections (c) and (d) of section 806 of the Act
(as so in effect)) enrolled in such schools who were first-year
students in such schools for school years beginning before June
30, 1975.
Sec. 916. (a) Subsections (g), (h), and (i) of section 806 //42 USC
296e.// are redesignated as subsections (d), (e), and (f), respectively.
(b) Subsection (b) of such section is amended by striking out
"subsection (i)" and inserting in lieu thereof "subsection (f)".
(c) Title VIII is amended by inserting after section 805 (as so
redesignated by section 102(b) of this Act) the following:
Sec. 917. The amendments made by this subpart shall take effect with
respect to grants made under section 806 (redesignated as section 810 by
part C of this title) of the Act from appropriations under such section
for fiscal years beginning after June 30, 1975. //42 USC 296e note.//
Sec. 921. Title VIII is amended by inserting after section 807 the
following: //42 USC 296f.//
" Sec. 815. //42 USC 296j.// (a) The Secretary may make grants to
assist public or non-profit private schools of nursing which are in
serious financial straits to meet operational costs required to maintain
quality educational programs or which have special need for financial
assistance to meet accreditation requirements. Any such grant may be
made upon such terms and conditions as the Secretary determines to be
reasonable and necessary, including requirements that the school agree
(1) to disclose any financial information or data deemed by the
Secretary to be necessary to determine the sources or causes of that
school's financial distress, (2) to conduct a comprehensive cost
analysis study in cooperation with the Secretary, and (3) to carry out
appropriate operational and financial reforms on the basis of
information obtained in the course of the comprehensive cost analysis
study or on the basis of other relevant information.
"(b)(1) No grant may be made under subsection (a) unless an
application therefor is submitted to and approved by the Secretary. The
Secretary may not approve or disapprove such an application except after
consultation with the National Advisory Council on Nurse Training.
"(2) An application for a grant under subsection (a) must contain or
be supported by assurances satisfactory to the Secretary that the
applicant will expend in carrying out its functions as a school of
nursing, during the fiscal year for which such grant is sought, an
amount of funds (other than funds for construction as determined by the
Secretary) from non-Federal sources which is at least as great as the
average amount of funds expended by such applicant for such purpose
(excluding expenditures of a nonrecurring nature) in the three fiscal
years immediately preceding the fiscal year for which such grant is
sought. The Secretary may, after consultation with the National
Advisory Council on Nurse Training, waive the requirement of the
preceding sentence with respect to any school if he determines that the
application of such requirement to such school would be inconsistent
with the purposes of subsection (a).
"(c) For payments under grants under this section there are
authorized to be appropriated $5,000,000 for fiscal year 1976,
$5,000,000 for fiscal year 1977, and $5,000,000 for fiscal year 1978.".
Sec. 922 Sections 805 and 808 //42 USC 296d, 296g.// (as in effect on
June 30, 1975) are repealed.
Sec. 931. (a) Title VIII is amended by inserting after subpart III of
part A (as added by section 921 of this title) the following:
" Sec. 820. //42 USC 296k.// (a) The Secretary may make grants to
public and non-profit private schools of nursing and other public or
nonprofit private entities, and enter into contracts with any public or
private entity, to meet the costs of special projects to--,
"(1) assist in--,
"(A) mergers between hospital training programs or between
hospital training programs and academic institutions, or
"(B) other cooperative arrangements among hospitals and
academic institutions,
leading to the establishment of nurse training programs;
"(2)(A) plan, develop, or establish new nurse training programs or
programs of research in nursing education, or
"(B) significantly improve cruuicula of schools of nursing (including
curriculums of pediatric nursing and geriatric nursing) or modify
existing programs of nursing education;
"(3) increase nursing education opportunities for individuals from
disadvantaged backgrounds, as determined in accordance with criteria
prescribed by the Secretary, by--,
"(A) identifying, recruiting, and selecting such individuals,
"(B) facilitating the entry of such individuals into schools of
nursing,
"(C) providing counseling or other services designed to assist
such individuals to complete successfully their nursing education.
"(D) providing, for a period prior to the entry of such
individuals into the regular course of education at a school of
nursing, preliminary education designed to assist them to complete
successfully such regular course of education,
"(E) paying such stipends (including allowances for travel and
dependents) as the Secretary may determine for such individuals
for any period of nursing education, and
"(F) publicizing, especially to licensed vocational or
practical nurses, existing sources of financial aid available to
persons enrolled in schools of nursing or who are undertaking
training necessary to qualify them to enroll in such schools;
"(4) provide continuing education for nurses;
"(5) provide appropriate retraining opportunities for nurses who
(after periods of professional inactivity) desire again actively to
engage in the nursing profession;
"(6) help to increase the supply or improve the distribution by
geographic area or by specialty group of adequately trained nursing
personnel (including nursing personnel who are bilingual) needed to meet
the health needs of the Nation, including the need to increase the
availability of personal health services and the need to promote
preventive health care;
"(7) provide training and education to upgrade the skills of licensed
vocational or practical nurses, nursing assistants, and other
paraprofessional nursing personnel; or
"(8) assist in meeting the costs of developing short-term (not to
exceed 6 months) in-service training programs for nurses aides and
orderlies for nursing homes, which programs emphasize the special
problems of geriatric patients and include training for monitoring the
well-being and feeding and cleaning of the patients in nursing homes,
emergency procedures, drug properties and interactions, and fire safety
techniques.
Contracts may be entered into under this subsection without regard to
sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41
U.S.C. 5).
"(b) The Secretary may, with the advice of the National Advisory
Council on Nurse Training, provide assistance to the heads of other
departments and agencies of the Government to encourage and assist in
the utilization of medical facilities under their jurisdiction for nurse
training programs.
"(c) No grant or contract may be made under this section unless an
application therefor has been submitted to and approved by the
Secretary. The Secretary may not approve or disapprove such an
application except after consultation with the National Advisory Council
on Nurse Training. Such an application shall provide for such fiscal
control and accounting procedures and reports, and access to the records
of the applicant, as the Secretary may require to assure proper
disbursement of and accounting for Federal funds paid to the applicant
under this section.
"(d) For payments under grants and contracts under this section there
are authorized to be appropriated $15,000,000 for fiscal year 1976,
$15,000,000 for fiscal year 1977, and $15,000,000 for fiscal year 1978.
Not less than 10 per centum of the funds appropriated under this
subsection for any fiscal year shall be used for payments under grants
and contracts to meet the costs of the special projects described in
subsection (a)(3).
" Sec. 821. //42 USC 296l.// (a)(1) The Secretary may make grants to
and enter into contracts with public and nonprofit private collegiate
schools of nursing to meet the costs of projects to--,
"(A) plan, develop, and operate,
"(B) significantly expand, or
"(C) maintain existing,
programs for the advanced training of professional nurses to teach in
the various fields of nurse training, to serve in administrative or
supervisory capacities, or to serve in other professional nursing
specialties (including service as nurse clinicians) ddetermined by the
Secretary to require advanced training.
"(b) For payments under grants and contracts under this section there
are authorized to be appropriated $15,000,000 for fiscal year 1975,
$20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978.
" Sec. 822. //42 USC 296m.// (a)(1) The Secretary may make grants to
and enter into contracts with public or nonprofit provate schools of
nursing, medicine, and public health, public or nonprofit private
hospitals, and other public or nonprofit private entities to meet the
cost of projects to--,
"(A) plan, develop, and operate,
"(B) significantly expand, or
"(C) maintain existing,
programs for the training of nurse practitioners. The Secretary shall
give special consideration to applications for grants or contracts for
programs for the training of nurse practitioners which emphasize
training respecting the special problems of geriatric patients and
training to meet the particular needs of nursing home patients.
"(2)(A) For purposes of this section, the term 'programs for the
training of nurse practitioners' means educational programs for
registered nurses (irrespective of the type of school of nursing in
which the nurses received their training) which meet guidelines
prescribed by the Secretary in accordance with subparagraph (B) and
which have as their objective the education of nurses (including
pediatric and geriatric nurses) who will, upon completion of their
studies in such programs, be qualified to effectively provide primary
health care, including primary health care in homes and in ambulatory
care facilities, long-term care facilities, and other health care
institutions.
"(B) After consultation with appropriate educational organizations
and professional nursing and medical organizations, the Secretary shall
prescribe guidelines for programs for the training of nurse
practitioners. Such guidelines shall, as a minimum, require that such a
program--,
"(i) extend for at least one academic year and consist of--,
"(I) supervised clinical practice, and
"(II) at least four months (in the aggregate) of classroom
instruction,
directed toward prdeparing nurses to deliver primary health care; and
"(ii) have an enrollment of not less than eight students.
"(b) No grant may be made or contract entered into for a project to
plan, develop, and operate a program for the training of nurse
practitioners unless the application for the grant or contract contains
assurances satisfactory to the Secretary that the program will upon its
development meet the guidelines which are in effect under subsection
(a)(2)(B); and no grant may be made or contract entered into for a
project to expand or maintain such a program unless the application for
the grant or contract contains assurances satisfactory to the Secretary
that the program meets the guidelines which are in effect under such
subsection.
"(c) The costs for which a grant or contract under this section may
be made may include costs of preparation of faculty members in order to
conform to the guidelines established under subsection (a)(2)(B).
"(d) For payments under grants and contracts under this section thear
are authorized to be appropriated $15,000,000 for fiscal year 1976,
$20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year
1978.".
(b) Sections 810 and 868 are repealed. //42 USC 296i, 298c-7.//
Sec. 932. The Secretary of Health, Education, and Welfare shall
within ninety days of the date of the enactment of this Act prescribe
the guidelines for nurse practitioner programs specified in section
822(a) of the Act (as added by section 931 of this title). //42 USC
296m note.//
Sec. 935. (a) Subsection 821 //42 USC 297.// (as in effect on June
30, 1975) is amended to read as follows:
"(a) There are authorized to be appropriated $15,000,000 for fiscal
year 1976, $20,000,00 for fiscal year 1977, and $25,000,000 for fiscal
year 1978, to cover the costs of traineeships for the training of
professional nurses--,
"(1) to teach in the various fields of nurse training
(including practical nurse training),
"(2) to serve in administrative or supervisory capacities,
"(3) to serve as nurse practitioners, or
"(4) to serve in other professional nursing specialties
determined by the Secretary to require advanced training.".
(b) Effective with respect to grants under section 821 of the Act
from appropriations under such section for fiscal years beginning after
June 30, 1975, subsection (b) of section 821 (as so in effect) is
amended by adding at the end thereof the following: " In making grants
for traineeships under this section, the Secretary shall give special
consideration to applications for traineeship programs which conform to
guidelines established by the Secretary under section 822(a)(2)(B).".
Sec. 936. (a) Section 822(b)(4) //42 USC 297a.// (as in effect on
June 30, 1975) is amended by striking out "july 1, 1975" and inserting
in lieu thereof " October 1, 1978".
(b) Effective with respect to periods of training to be a nurse
anesthetist undertaken on or after the date of the enactment of this
Act, section 823(b)(2)(B) //42 USC 297b.// is amended by inserting "(or
training to be a nurse anesthetist)" after "professional training in
nursing".
(c) Section 824 //42 USC 297c.// is amended to read as follows:
" Sec. 824. There are authorized to be appropriated for allotments
under section 825 //42 USC 297d.// to schools of nursing for Federal
capital contributions to their student loan funds established under
section 822, //42 USC 297a.// $25,000,000 for fiscal year 1976,
$30,000,000 for fiscal year 1977, and $35,000,000 for fiscal year 1978.
For fiscal year 1979, and for each of the next two secceeding fiscal
years there are authorized to be appropriated such suma as may be
necessary to enable students who have received a loan for any academic
year ending before October 1, 1978, to continue or complete their
education.".
(d) Section 826 //42 USC 297e.// is amended (1) by striking out "
June 30, 1977" each place it occurs and inserting in lieu thereof "
September 30, 1980" and (2) by striking out " September 30, 1977" in
subsection (b) and inserting in lieu thereof " December 31, 1980".
(e)(1) Section 827 is repealed. //42 USC 297f.//
(2) The nurse training fund created within the Treasury by section
827(d)(1) of the Act shall remain available to the Secretary of Health,
Education, and Welfare for the purpose of meeting his responsibilities
respecting participations in obligations acquired under section 827 of
the Act. //42 USC 297f note.// The Secretary shall continue to deposit
in such fund all amounts received by him as interest payments or
repayments of principal on loans under such section 827. If at any time
the Secretary determines the moneys in the funds exceed the present and
any reasonable prospective further requirements of such fund, such
excess may be transferred to the general fund of the Treasury.
(3) There are authorized to be appropriated without fiscal year
limitation such sums as may be necessary to enable the Secretary to make
payments under agreements entered into under section 827(b) of the Act
before the date of the enactment of this Act. //42 USC 297f note.//
Sec. 937. Section 860 //42 USC 297j.// is amended--,
(1) by striking out "1972, and for each of the next three
fiscal years" in subsection (b) and in subsection (c)(1)(A)
inserting in lieu thereof "1976, and for each of the next two
fiscal years";
(2) by striking out " June 30, 1976" in the second sentence of
subsection (b) and in subsection (c)(1)(B) and inserting in lieu
thereof " September 30, 1979"; and
(3) by striking out " July 1, 1975" in the second sentence of
subsection (b) and in subsection (c)(1)(B) and inserting in lieu
thereof " October 1, 1978".
Sec. 941. (a)(1) Section 802 //42 USC 296a.// is amended--,
(A) by striking out "this part" each place it occurs and
inserting in lieu thereof "this subpart";
(B) by striking out "subsection 806(e) of this Act" //42 USC
296a.// in subsection (b)(2) and inserting in lieu thereof
"section 810(c)";
(C) by striking out paragraph (5) of subsection (b) and
inserting in lieu thereof the following:
"(5) the application contains or is supported by adequate
assurances that all laborers and mechanics employed by contractors
or subcontractors in the performance of work on a project will be
paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of
Labor in accordance with the Act of March 3, 1931 (42 U.S.C.
276a--, 276a-5, known as the Davis-Bacon Act), and the Secretary
of Labor shall have with respect to such labor standards the
authority and functions set for th in Reorganization Plan Numbered
14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and section 2 of
the Act of June 13, 1934 (40 U.S.C 276c).";
(D) by striking out "section 841 (hereinafter in this part
referred to as the ' Council')" in the first sentence following
paragraph (5) of subsection (b) and inserting in lieu thereof
"section 851";
(E) by striking out the second sentence following such
paragraph; and
(F) by striking out "above in paragraph (A)" in subsection
(c)(1)(B) and inserting in lieu thereof "in subparagraph (A)".
(b)(1) Subsection (a) of section 803 //42 USC 296b.// is amended to
read as follows:
"(a) The amount of any grant for a construction project under this
subpart shall be such amount as the Secretary determines to be
appropriate after obtaining the advice of the National Advisory Council
on Nurse Training; except that--,
"(1) in the case of a grant--,
"(A) for a project for a new school,
"(B) for a project for new facilities for an existing school in
cases where such facilities are of particular importance in
providing a major expansion of training capacity, as determined in
accordance with regulations, or
"(C) for a project for major remodeling or renovation of an
existing facility where such project is required to meet an
increase in student enrollment,
the amount of such grant may not exceed 75 per centum of the necessary
cost of construction, as determined by the Secretary, of such project;
and
"(2) in the case of a grant for any other project, the amount of such
grant may not, except where the Secretary determines that unusual
circumstances make a larger percentage (which may in no case exceed 75
per centum) necessary in order to effectuate the purposes of this
subpart, exceed 67 per centum of the necessary cost of construction, as
so determined, of the project with respect to which the grant is made.".
(2) Subsections (b) and (c) of section 803 are each amended by
striking out "this part" and inserting in lieu thereof "this subpart".
(c) Section 804 is amended //42 USC 296c.// (1) by striking out "this
part" and inserting in lieu thereof "this subpart", and (2) by
redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and
(3), respectively.
(d) Section 805 (as redesignated by section 911(b)) //42 USC 296d.//
is amended by striking out "this part" each place it occurs and
inserting in lieu thereof "this subpart".
(e) Section 806 //42 USC 296e.// is redesignated as section 810.
(f) Section 807 //42 USC 296f.// is redesignated as section 811 and
is amended--,
(1) by striking out "section 805, 806, or 810" in subsections
(a) and (c) and inserting in lieu thereof "this subpart";
(2) by striking out "part" in subsection (b) and inserting in
lieu thereof "subpart";
(3) by amending paragraph (1) of subsection (c) to read as
follows:
"(1) is from a public or nonprofit private shcool of nursing;";
and
(4) by striking out "those sections" each place it occurs in
paragraphs (2) and (3) of such subsection and inserting in lieu
thereof "this subpart".
(g)(1) Title VIII is amended by inserting after the heading for part
B of the following:
(2) Section 821 //42 USC 297.// (as so designated on the day before
the date of the enactment of this Act) is redesignated as section 830.
(3) Title VIII is amended by inserting after section 830 (as so
redesignated) the following:
(h) Sections 822, 823, 825, 826, 828, and 830 (as so designated on
the day before the date of the enactment of this Act) //42 USC 279a,
297b, 297d, 297e, 297g, 297b.// are amended as follows:
(1) Section 822(a), 823, 825, 826, 828 are each amended by
striking out "this part" each place it occurs and inserting in
lieu thereof "this subpart".
(2) Sections 822(a), 823(b), 823(c), 825(b)(2), and 826(a)(1)
are each amended by striking out "of Health, Education, and
Welfare".
(3) Section 822(b)(2)(A) is amended by striking out "under this
part" and inserting in lieu thereof "from allotments under section
838".
(4)(A) Section 825 is amended--,
(i) by striking out "(whether as Federal capital contributions
or as loans to schools under section 827)" in subsection (a); and
(ii) by striking out ", and for loans pursuant to section 827,"
in subsection (b)(1).
(B) Section 826(b) is amended by striking out "(other than so
much of such fund as relates to payments from the revolving fund
established by section 827(d))".
(C) Section 828 //42 USC 297b.// is amended by striking out "or
loans."
(5) Section 830 is--,
(A) transferred to section 823 and inserted after subsection
(i) of such section; and
(B) is amended by striking out " Sec. 830. (a)" and inserting
in lieu thereof "(j)".
(i)(1) Sections 822, 823, 824, 825, 826, 828, and 829 //42 USC 297a,
297e, 297g, 297h.// (as so designated on the day before the date of the
enactment of this Act) are redesignated as sections 835, 836, 837, 838,
839, 840, and 841, respectively.
(2) Section 835 //42 USC 297a.// (as so designated) is amended
(A) by striking out "829" each place it occurs and inserting in
lieu thereof "841", and (B) by striking out "823" and inserting in
lieu thereof "836".
(3) Section 837 //42 USC 297c.// (as so redesignated) is
amended (A) by striking out "825" and inserting in lieu thereof
"838", and (B) by striking out "822" and inserting in lieu thereof
"825".
(4) Section 838 //42 USC 297d.// (as so designated) is amended
by striking out "824" each place it occurs in inserting in lieu
thereof "837".
(5) Section 839 //42 USC 297e.// (as so designated) is amended
by striking out "822" each place it occurs and insertin in lieu
thereof "835".
(6) Section 841 (as so resdignated) is amended (A) by striking
out "822" and inserting in lieu thereof "835", and (B) by striking
out "part D" and inserting in lieu thereof "subpart III of this
part".
(j)(1) Part D of title VIII is inserted after subpart II of part B of
such title; sections 860 and 861 //42 USC 297j, 297k.// are
redesignated as sections 845 and 846, respectively; and the heading for
such part is amended to read as follows:
(2) Section 845 (a) //42 USC 297j.// (as so redesignated) is amended
by striking out "this part" and inserting in lieu thereof "this
section".
(3) Section 846 //42 USC 297k.// (as so redesignated) is amended (A)
by striking out "this part" the first time it occurs and inserting in
lieu thereof "section 845", and (B) by striking out "to the sums
available to the school under this part for (and to be regarded as)
Federal capital contributions, to be used for the same purpose as such
sums" and inserting in lieu thereof "to the student loan fund of the
school established under an agreement under section 835. Funds
transferred under this section to such a student loan fund shall be
considered as part of the Federal capital contributions to such fund".
(4) Section 869 is repealed.
(k)(1) Sections 841, 842, 843, 844, and 845 //42 USC 298c-8. 42 USC
298- 298b-2.// (as so designated on the day before the date of the
enactment of this Act) are redesignated as sections 851, 852, 853, 854,
and 855, respectively.
(2) Section 851 //42 USC 298.// (as so redesignated) is amended (A)
by striking out "part A of applications under section 805" in subsection
(a)(2) and inserting in lieu thereof "subpart I of part A, of
applications under section 805, and of application under subpart III of
part A"; (B) by striking out subsection (b); (C) by striking out
"(a)(1)" and inserting in lieu thereof "(a)"; and (D) by striking out
"(2)" and inserting in lieu thereof "(b)".
(3) Section 853 //42 USC 298b.// (as so redesignated) is amended--,
(A) by striking out "part A" in paragraph (f) and inserting in
lieu thereof "subpart I of part A";
(B) by striking out "806" in paragraph (f) and inserting in
lieu thereof "810";
(C) by striking out "part B" each place it occurs in paragraph
(f) and inserting in lieu thereof "section 835";
(D) by striking out "825" in paragraph (f) and inserting in
lieu thereof "838";
(E) by redesignating paragraphs (a) through (j) as paragraphs
(1) through (10) respectively;
(F) by redesignating clauses (1), (2), and (3) of paragraph (6)
(as redesignated) as clauses (A), (B), and (C), respectively.
(G) by redesignating subclauses (A) and (B) of such paragraph
(6) as subclauses (i) and (ii), respectively; and
(H) by redesignating clauses (1) and (2) of paragraph (9) (as
so redesignated) as clauses (A:) and (B), respectively.
(4) Part C is amended by adding at the end thereof the following:
" Sec. 856. //42 USC 298b-3.// The Secretary may delegate the
authority to administer any program authorized by this title to the
administrator of a central or regional office or offices in the
Department of Health, Education, and Welfare, except that the
authority--,
"(1) to review, and prepare comments on the merit of, any
application for a grant or contract under any program authorized
by this title for purposes of presenting such application to the
National Advisory Council on Nurse Training, or
"(2) to make such a grant or enter into such a contract, shall
not be further delegated to any administrator of, or officer in,
any regional office or offices in the Department.".
Sec. 942. The amendments made by section 941 shall take effect July
1, 1975. Except as otherwise specifically provided, the amendments made
by section 941 to provisions of title VIII of the Act are made to such
provisions as in effect July 1, 1975, and as amended by part B of this
title. //42 USC 296a note.//
Sec. 951. (a)(1) Using procedures developed in accordance with
paragraph (3), the Secretary of Health, Education, and Welfare
(hereinafter in this section referred to as the " Secretary") //42 USC
296 note.// shall determine on a continuing basis--,
(A) the supply (both current and projected and within the
United States and within each State) of registered nurses,
licensed practical and vocational nurses, nuese's aides,
registered nurses with advanced training or graduate degrees, and
nurse practitioners;
(B) the distribution, within the United States and within each
State, of such nurses so as to determine (i) those areas of the
United States which are oversupplied or undersupplied, or which
have an adequate supply of such nurses in relation to the
population of the area, and (ii) the demand for the services which
such nurses provide; and
(C) the current and future requirements for such nurses,
nationally and within each State.
(2) The Secretary shall survey and gather data, on a continuing
basis, on--,
(A) the number and distribution of nurses, by type of
employment and location of practice;
(B) the number of nurses who are parcticing full time and those
who are employed part time, within the United States and within
each State;
(C) the average rates of compensation for nurses, by type of
practice and location of practice;
(D) the activity status of the total number of registered
nurses within the United States and within each State;
(E) the number of nurses with advanced training or graduate
degrees in nursing, by specialty, including nurse practitioners,
nurse clinicians, nurse researchers, nurse educators, and nurse
supervisors and administrators; and
(F) the number of registered nurses entering the United States
annually from other nations, by country of nurse training and by
immigrant status.
(3) Within six months of the date of the enactment of this Act, the
Secretary shall develop procedures for determining (on both a current
and projected basis) the supply and distribution of and requirements for
nurses within the United States and within each State.
(b) Not later than February 1, 1977, and February 1 of each
succeeding year, the Secretary shall report to the Congress--,
(1) his determinations under subsection (a)(1) and the data
gathered under subsection (a)(2);
(2) an analysis of such determination and data; and
(3) recommendations for such legislation as the Secretary
determines, based on such determinations and data, will achieve
(A) an equitable distribution of nurses within the United States
and within each State, and (B) adequate supplies of nurses within
the United States and within each State.
(c) The Office of Management and Budget may review the Secretary's
report under subsection (b) before its submission to the Congress, but
the Office may not revise the report or delay its submission, and it may
submit to the Congress its comments (and those of tother departments or
agencies of the Government) respecting such report.
Carl Albert, Speaker of the House of Representatives.
Nelson A. Rockefeller, Vice President of the United States and
President of the Senate.
The Senate having proceeded to reconsider the bill (S. 66) entitled "
An Act to amend the Public Health Service Act and related health laws to
revise and extend the health revenue sharing program, the family
planning programs, the community mental health centers program, the
program for migrant health centers and community health centers, the
National Health Service Corps program, and programs for assistance for
nurse training, and for other purposes", returned by the President of
the United States with his objections to the Senate, in which
originated, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
Francis R. Valeo
Secretary.
I certify that this Act originated in the Senate.
Francis R. Valeo
Secretary.
The House of Representatives having proceeded to reconsider the bill
(S. 66) entitled " An Act to amend the Public Health Service Act and
related health laws to revise and extend the health revenue sharing
program, the family planning programs, the community mental health
centers program, the program for migrant health centers and community
health centers, the National Health Service Corps program, and the
programs for assistance for nurse training, and for other purposes",
returned by the President of the United States with his objections, to
the Senate, in which it originated, and passed by the Senate on
reconsideration of the same, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Attest:
W. Pat Jennings
Clerk.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 137 accompanying H.R. 4925, No. 94 - 143
accompanying H.R. 4115, and No. 94 - 192 accompanying H.R. 4114 (Comm.
on Interstate and Foreign Commerce) and No. 94 - 348 (Comm. of
Conference).
SENATE REPORT No. 94 - 29 (Comm. on Labor and Public Welfare).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 10, considered and passed Senate.
May 7, H.R. 4114 and 4115 considered and passed House.
June 5, considered and passed House, amended, in lieu of H.R.
4114, H.R. 4115, and H.R. 4925.
July 14, Senate agreed to conference report.
July 16, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 31:
July 26, vetoed; Presidential message.
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 26, Senate overode veto.
July 29, House overode veto.
PUBLIC Law 94-62, 89 Stat 303, Marine Protection, Research and
Santuaries Act of 1972, amendment, Appropriation Authorization.
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 r Sanctuaries Act of 1972, as amended
(33 U.S.C 1420), is amended by striking out "and not to exceed
$5,500,000 for fiscal years 1974 and 1975," and inserting in lieu
thereof the following: "not to exceed $5,500,000 for each of the fiscal
years 1974 and 1975, not to exceed $5,300,000 for fiscal year 1976, and
not to exceed $1,325,000 for the transition period (July 1 through
September 30, 1976),".
Sec. 2. Section 202(c) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1442(c)) is amended by striking out "
January" and inserting in lieu thereof " March".
Sec. 3. Section 204 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1444) is amended by adding at the end
thereof the following new sentence: " There are authorized to be
appropriated not to exceed $1,500,000 for the transition period (July 1
through September 30, 1976).".
Sec. 4. Section 304 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended to read as follows:
" Sec. 304. There are authorized to be appropriated not to exceed
$10,000,000 for each of the fiscal years 1973, 1974, and 1975, not to
exceed $6,200,000 for fiscal year 1976, and not to exceed $1,550,000 for
the transition period (July 1 through September 30, 1976) to carry out
the provisions of this title, including the acquisition, development,
and operation of marine sanctuaries designated under this title.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 217 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 271 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 19, considered and passed House.
July 11, considered and passed Senate.
Public Law 94-61, 89 Stat 302, Marketing Year Adjustment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 301(b)(7)
of the Agricultural Adjustment Act of 1938, as amended, //7 USC 1301.//
is amended by striking out " Wheat, July 1 - June 30" and inserting in
lieu thereof " Wheat, June 1 - May 31".
Sec. 2. The amendment made by the first section of this Act shall
become effective June 1, 1975. //7 USC 1301 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 354 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 24, considered and passed Senate.
July 21, considered and passed House.
Public Law 94-60, 89 Stat 301.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first sentence of the
paragraph of section 5(c) of the Home Owners' Loan Act of 1933 which was
added by section 708 of the Emergency Home Finance Act of 1970 //12 USC
1464.// is amemded--,
(1) by striking out "or section 408(a)";
(2) by inserting after "1954" the following: "and to act as
trustee or custodian of an individual retirement account within
the meaning of section 408 of such Code"; and
(3) by inserting "or account" after "such trust".
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 266 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 11, considered and passed Senate.
July 17, considered and passed House.
Public Law 94-59, 89 Stat 269, Legislative Branch Appropriation Act,
1976.
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 Legislative Branch for the fiscal year ending June
30, 1976, and the period ending September 30, 1976, and for other
purposes, namely:
For compensation and mileage of the Vice President and Senators of
the United States, $4,809,240.
For " Compensation and Mileage of the Vice President and Senators of
the United States" for the period July 1, 1976, through September 30,
1976, $1,205,000.
For expense allowance of the Vice President, $10,000: Majority
Leader of the Senate, $3,000: and Minority Leader of the Senate,
$3,000; in all, $16,000.
For " Expense allowance of the Vice President, $2,500; Majority
Leader of the Senate, $750; and Minority Leader of the Senate, $750";
in all, for the period July 1, 1976 through September 30, 1976, $4,000.
For compensation of officers, employees, clerks to Senators, and
others as authorized by law, including agency contributions and
longevity compensatuon as authorized, which shall be paid from this
appropriation without regard to the below limitations, as follows:
For clerical assistance to the Vice President, $584,065.
For " Office of the Vice President " for the period July 1, 1976,
through September 30, 1976, $146,000.
For offices of the Majority and Minority Leaders, //2 USC 61h-3.//
$239,000: Provided, That, effective July 1, 1975, the Majority and
Minority Leaders may each appoint and fix the compensation of an
executive secretary at not to exceed $24,160 per annum in lieu of
$20,838 per annum and a clerical assistant at not to exceed $20,838 per
ammun in lieu of $17,818 per annum.
For " Offices of the Majority and Minority Leaders" for the period
July 1, 1976, through September 30, 1976, $60,000.
For offices of the Majority and Minority Whips, //2 USC 61j-1.//
$185,440: Provided, That, effective July 1, 1975, the Majority and
Minority Whips may each appoint and fix the compensation of a
legislative assistant at not to exceed $34,881 per annum.
For " Offices of the Majority and Minority Whips" for the period July
1, 1976, through September 30, 1976, $46,360.
For office of the Chaplain, $30,200.
For " Office of the Chaplain" for the period July 1, 1976, through
September 30, 1976, $7,600.
For office of the Secretary, $3,064,575, including $216,530 required
for the purpose specified and authorized by section 74b of title 2,
United States Code //2 USC 61c.// : provided, That, effective July 1,
1975, the Secretary may appoint and fix the compensation of a clerk,
legislative information, at not to exceed $18,120 per annum and five
clerks, stationery room, at not to exceed $12,382 per annum each in lieu
of four clerks, stationery room, at not to exceed $12,382 per annum
each; and the Secretary may fix the per annum compensation of the
editor, digest, at not to exceed $33,522 per annum in lieu of $28,992
per annum; a clerk, digest, at not to exceed $14,194 per annum in lieu
of $11,778 per annum; a bill clerk at not to exceed $18,120 per annum
in lieu of $15,402 per annum; an assistant bill clerk at not to exceed
$12,080 per annum in lieu of $10,872 per annum; an assistant journal
clerk at not to exceed $18,120 per annum in lieu of $15,402 per annum;
a special assistant at not to exceed $15,402 per annum in lieu of
$14,194 per annum; a deputy special assistant at not to exceed $14,194
per annum in lieu of $12,080 per annum; seven clerks at not to exceed
$11,778 per annum each in liew of $10,268 per annum each; a delivery
clerk (office of the printing clerk) at not to exceed $10,872 per annum
in lieu of $10,268 per annum; an assistant messenger at not to exceed
$10,268 per annum in lieu of $9,966 per annum; an assistant messenger
at not to exceed $9,966 per annum in lieu of $8,758 per annum; an
assistant messenger at not to exceed $9,966 per annum in lieu of $7,852
per annum; //2 USC 126-1.// and a chief reporter of debates at not to
exceed $36,089 per annum in lieu of $36,000 per annum: Provided
further, That the position of chief elections investigator at not to
exceed $28,690 per annum is hereby abolished.
For " Office of the Secretary" for the period July 1, 1976, through
September 30, 1976, $775,000, including $55,000 required for the purpose
specified and authorized by section 74b of title 2, United States Code.
For proffessional and clerical assistance to standing committees and
the Select Committee on Small Business, $8,934,592.
For " Committee Employees" for the period July 1, 1976, through
September 30, 1976, $2,235,000.
For clerical assistance to the Conference of the Majority and the
Conference of the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $185,425 for each such committee; in
all, $370,850.
For " Clerical assistance ot the Conference of the Majority and the
Conference of the Minority, at rates of compensation to be fixed by the
Chairman of each such committee", $46,250 for each such committee; in
all, for the period July 1, 1976 through September 30, 1976, $92,500.
For administrative and clerical assistants to Senators, $45,642,178.
For " Administrative and Clerical Assistants to Senators" for the
period July 1, 1976, through September 30, 1976, $11,450,000.
For legislative assistance to Senators, $3,500,000.
For " Legislative Assistance to Senators" for the period July , 1976,
through September 30, 1976, $900,000.
For office of the Sergeant at Arms and Doorkeeper, $13,095,160:
Provided, That, effective July 1, 1975, the Sergeant at Arms may appoint
and fix the compensation of the following positions (a) in the computer
center: a director, computer center, at not to exceed $32,616 per annum
and three computer specialists at not to exceed $19,328 per annum each
in lieu of four computer specialists at not to exceed $19,328 per annum
each; (b) in the Senate post office: sixty-seven mail carriers at not
to exceed $10,570 per annum each in lieu of sixth-three mail carriers at
not to exceed $10,570 per annum each; (c) in the service department:
twelve messengers at not to exceed $8,758 per annum each in lieu of ten
messengers at not to exceed $8,758 per annum each; (d) seven
detectives, police force, are not to exceed $13,288 per annum each in
lieu of four detectives, police forcce, at not to exceed $13,228 per
annum each; sixteen technicians, police force, at not to exceed $13,382
per annum each in lieu of twelve technicians, police force, at not to
exceed $12,382 per annum each; and 409 privates, police force, at not
to exceed $11,476 per annum each in lieu of 389 privates, police force,
at not to exceed $11,476 per annum each; (e) a clerk at not to exceed
$16,308 per annum in lieu of a clerk at not to exceed $13,892 per annum;
and (f) in the janitor's department: five laborers at not to exceed
$4,530 per annum each: Provided further, That, the two positions of
special employee at not to exceed $1,510 per annum each are hereby
abolished.
For " Office of Sergeant at Arms and Doorkeeper" for the period July
1, 1976, through September 30, 1976, $3,275,000.
For offices of the Secretary for the Majority and the Secretary for
the Minority, //2 USC 61g-3.// $296,245: Provided, That, effective July
1, 1975, and each fiscal year thereafter, the Secretaries for the
Majority and Minority may each appoint and fix the compensation of an
assistant during emergencies at rates of compensation not exceeding, in
the aggregate at any time, $20,234 per annum, for not more than six
months in each fiscal year.
For " Offices of the Secretaries for the Majority and Minority" for
the period July 1, 1976, through September 30, 1976, $74,100.
For agency contributions for employee benefits and longevity
compensation, as authorized by law, $4,750,000.
For " Agency Contributions and Longevity Compensation" for the period
July 1, 1976, through September 30, 1976, $1,200,000.
For salaries and expenses of the office of the Legislative Counsel of
the Senate, $584,110.
For " Office of the Legislative Counsel of the Senate" for the period
July 1, 1976, through September 30, 1976 $147,000.
For salaries and expenses of the Majority Policy Committee and the
Minority Policy Committee, $369,055 for each such committee; in all,
$738,110.
For " Senate Policy Committees", $92,500 for each such committee; in
all, for the period July 1, 1976, through September 30, 1976, $185,000.
For purchase, lease, exchange, maintenance, and operation of
vehicles, one for the Vice President, one for the President pro tempore,
one for the Majority Leader, on for the Minority Leader, one for the
Majority Whip, one for the Minority Whip, for carrying the mails, and
for official use of the offices of the Secretary and Sergeant at Arms,
$40,000.
For " Automobiles and Maintenance", for purchase, lease, exchange,
maintenance, and operation of vehicles, one for the Vice President, one
for the President pro tempore, one for the Majority Leader, one for the
Minority Leader, one for the Majority Whip, one for the Minority Whip,
for carrying mails, and for official use of the offices of the Secretary
and Sergeant at Arms for the period July 1, 1976, through September 30,
1976, $10,000.
For expenses of inquiries and investigations ordered by the Senate,
or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth
Congress, as amended, including $570,180 for the Committee on
Appropriations, //2 USC 190b.// to be available also for the purposes
mentioned in Senate Resolution Numbered 193, agreed to October 14, 1943,
and Senate Resolution Numbered 140, agreed to May 14, 1975, $17,654,500.
For " Inquiries and Investigations", including $143,000 for the
Committee on Appropriations, to be available also for the purposes
mentioned in Senate Resolution Numbered 193, agreed to October 14, 194o,
and Senate Resolution Numbered 140, agree to May 14, 1975, for the
period July 1, 1976 through September 30, 1976, $4,415,000.
For the employment of personnel for folding speeches and pamphlets at
a gross rate of not exceeding $3.88 per hour per person, $86,575.
For " Folding Documents", for the employment of personnel for folding
speeches and pamphlets at a gross rate of not exceeding $3.88 per hour
per person, for the period July 1, 1976 through September 30, 1976,
$40,000.
For miscellaneous items, $14,184,00
For " Miscellaneous Items" for the period July 1, 1976, through
September 30, 1976, $3,550,000.
For postage stamps for the offices of the Secretaries for the
Majority and Minority, $320; Chaplain, $100; and for air mail and
special delivery stamps for the office of the Secretary, $610; office
of the Sergeant at Arms, $240; and the President of the Senate, as
authorized by law, $1,215; in all, $2,485.
For " Postage Stamps", for the offices of the Secretaries for the
Majority and Minority, $80; Chaplain, $25; and for air mail and
special delivery stamps for the office of the Secretary, $155; office
of the Sergeant at Arms, $60; and the President of the Senate, as
authorized by law, $305; in all, for the period July 1, 1976 through
September 30, 1976, $625.
For stationery for the President of the Senate, $4,500, and for
committees and officers of the Senate, $24,750; in all, $29,250.
For " Stationery (Revolving Fund)", for the President of the Senate,
$1,125, and for committees and officers of the Senate, $6,200; in all,
for the period July 1, 1976 through September 30, 1976, $7,325.
Sec. 101. For the purpose of carrying out his duties, the Secretary
of the Senat is authorized to incur official travel expenses but such
expenditures shall not exceed $5,000 durying any fiscal year. //2 USC
61a-9a.// The Secretary of the Senate is authorized to advance, in his
discretion, to any designated employee under his jurisdiction, such sums
as may be necessary, not exceeding $1,000, to defray official travel
expenses in assisting the Secretary in carrying out his duties. Any
such employee shall, as soon as practicable, furnish to the Secretary a
detailed voucher for such expenses incurred and make settlement with
respect to any amount so advanced. Payments to carry out the provisions
of this paragraph shall be made from funds included in the appropriation
" Miscellaneous Items" under the heading " Contingent Expenses of the
Senate" upon vouchers approved by the Secretary of the Senate.
Sec. 102. Effective July 1, 1975, the first sentence of section 105(
d)(1)(A) of the Legislative Branch Appropriation Act, 1968, as amended
and modified, //2 USC 61-1.// is amended to read as follows: " The
aggregate of gross compensation paid employees in the office of a
Senator shall not exceed during each calendar year the following:
"$392,298 if the population of his State is less than
2,000,000;
"$404,076 if such population is 2,000,000 but less than
3,000,000;
"$432,464 if such population is 3,000,000 but less than
4,000,000;
"$469,006 if such population is 4,000,000 but less than
5,000,000;
"$498,904 if such population is 5,000,000 but less than
7,000,000;
"$530,312 if such population is 7,000,000 but less than
9,000,000;
"$564,438 if such population is 9,000,000 but less than
10,000,000;
"$590,712 if such population is 10,000,000 but less than
11,000,000;
"625,140 if such population is 11,000,000 but less than
12,000,000;
"$651,414 if such population is 12,000,000 but less than
13,000,000;
"$684,936 if such population is 13,000,000 but less than
15,000,000;
"$718,458 if such population is 15,000,000 but less than
17,000,000;
"$751,980 if such population is 17,000,000 but less than
19,000,000;
"$777,050 if such population is 19,000,000 but less than
21,000,000;
"$802,120 if such population is 21,000,000 or more.".
Sec. 103. Section 506 of the Supplemental Appropriations act, 1973 (2
U.S.C. 58), is amended--,
(1) by striking out "actual transportation expenses incurred by
employees" in subsection (a)(8) and inserting in lieu thereof
"travel expenses incurred by employees"; and
(2) by striking out subsection (e) and inserting in lieu
thereof the following:
"(e) In accordance with regulations prescribed by the Committee on
Rules and Administration, an employee in a Senator's office including
Employees authorized by Senate Resolution 60, 94th Congress, agreed to
June 12, 1975, and section 108 of this title shall be reimbursed under
this section for per diem and actual transportation expenses incurred,
or actual travel expenses incurred, only for round trips made by the
employee on official business by the nearest usual route between
Washington, District of Columbia, and the home State of the Senator
involved, an in traveling within the State (other than transportation
expenses incurred by an employee assigned to a Senator's office within
that State (1) while travling in the general vicinity of such office,
(2) pursuant to a change of assignment within such State, or (3) in
commuting between home and office). However, an employee shall not be
reimbursed for any per diem expenses or actual travel expenses (other
than actual transportation expenses) for any travel occuring during the
sixty days immediately before the date of any primary or general
election (whether regular, special, or runlff) in which the Senator, in
whose office the employee is employed, is a candidate for public office,
unless his condidacy in such election is uncontested. reimbursement of
per diem and actual travel expenses shall not exceed the rates
established in accordance with the seventy paragraph under the heading '
Administrative Provisions' in the Senate Appropriation in the
Legislative Branch Appropriation Act, 1957 (2 U.S.C. 68b). No payment
shall be made under this section to or on behalf of a newly apporinted
employee to travel to his place of employemt. This section shall be
effective July 1, 1975.".
Sec. 104. Notwithstanding any other provision of law, the Committee
on Government Operations is authorized, during fiscal year 1976, and the
transition period, July 1, 1976, through September 30, 1976, to employ
one additional professional staff member at a per annum rate not to
exceed the rate for one of the four professional staff members referred
to in section 105()e)(3)(A) of the Legislative Branch Appropriations
Act, 1968, amended and modified. //2 USC 61-1.//
Sec. 105. The Secretary of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate, and the Legislative Counsel of the Senate
shall each be paid at an annual rate of compensation of $40,000. // 2
USC 61a, 61e, 63a, 273.// The Secretary for the Majority (other than the
incumbent holding office on July 1, 1975) and the Secretary for the
Minority shall each be paid at an annual rate of compensation of
$39,500. //2 USC 61g.// The Secretary for the Majority (as long as that
position is occupied by such incumbent) may be paid at a maximum annual
rate of compensation not to exceed $39,500. //2 USC 274 note.// The
four Senior Counsels in the Office of the Legislative Counsel of the
Senate shall each be paid at an annual rate of compensation of $39,000.
The Assistant Secretary of the Senate, the Parliamentarian, and the
Financial Clerk may each be paid at a maximum annual rate of
compensation not to exceed $39,000. //2 USC 61a-3, 61b, 64a-1.// The
Administrative Assistant in the Office of the Majority Leader and the
Administrative Assistant in the Office of the Minority Leader may each
be paid at a maximum annual rate of compensation not to exceed $38,000.
//2 USC 61h-1.// The Assistant Secretary for the Majority and the
Assistant Secretary for the Minority may each be paid at a maximum
annual rate of compensation not to exceed $37,500. //2 USC 61h.// The
Administrative Assistant in the Office of the Majority Whip and the
Administrative Assistant in the Office of the Minority Whip may each be
paid at a maximum annual rate of compensation not to exceed $37,000.
//2 USC 61j.// The Legislative Assistant in the Office of the Majority
Leader, and the Legislative Assistant in The Office of the Minority
Lerader, //2 USC 61h-2.// the Assistant to the Majority and The
Assistant to the Minority in the Office of the Secretary of the Senate
may each be paid a maximum annual ratde of compensation not to exceed
$36,500. //2 USC 61c-2.// The two committee referred to in clause (A),
and the three committee employees referred to in clause (B), of section
105 (e)(3) of the Legislative Branch Appropriations Act, 1968, as
amended and modified, //2 USC 61-1.// whose salaries are appropriated
under the heading " Salaries, Officers and Employees" for " Committee
Employees" for the Senate during any fiscal year, may each be paid at a
maximum annual rate of compensation not to exceed $38,000, except that
the Committee on Commerce is authorized to pay two employees, in
addition to the two employees referred to in clause (A) of such section,
at such maximum annual rate of compensation during the fiscal year
ending June 30, 1976, and the transition period ending September 30,
1976. The two committee employees, other than joint committee
employees, referred to in clause (A) of section 105(e)(3) of such Act
whose salaries are not appropriated under such heading may each be paid
at a maximum annual rate of compensation not to exceed $37,500, except,
that the two employees of the majority policy committee and the two
employees of the minority policy committed referred to in clause (A) of
section 105(e)(3) of such Act //2 USC 61-1.// may each be paid at a
maximum annual rate of compensation not to exceed $38,000. The one
employee in a Senator's office referred to in section 105(d)(2)(ii) of
such Act may be paid at a maximum annual rate of compensation not to
exceed $38,000. Any officer or employee whose payu is subject to the
maximum limitation referred to in section 105(f) of such Act may be paid
at a maximum annual rate of compensation not to exceed $38,000. This
section does not supersede (1) any provision of an order of the
President pro tempore of the Senate authorizing a higher rate of
compensation, and (2) any authority of the President pro tempore to
adjust rates of compensation or limitations referred to in this
paragraph under section 4 of the Federal Pay Comparability Act of 1970.
This section is effective July 1, 1975. //2 USC 60a note.//
Sec. 106. (a) Section 3 under the heading " Administrative
Provisions" in the appropriation for the Senate in the Legislative
Branch Appropriations Act, 1975, //2 USC 59.// is amended by inserting
"(1)" immediately before the text of subsection (c) and by adding
immediately below subsection (c) the following:
"(2) The aggregate amount that may be paid for the acquisition of
furniture, equipment, and other office furnishings heretofore provided
by the Administrator of General Services for one or more offices secured
for the Senator is $20,500 if the aggregate square feet of office space
is not in excess of 4,800 square feet. Such amount is increased by $500
for each authorized additional incremental increase in office space of
200 square feet.".
(b) The amendment made by subsection (a) of this section is effective
on and after July 1, 1975. //2 USC 59 note.//
Sec. 107. Section 3 under the heading " Administrative Provisions" in
the apporpriation for the Senate in the Legislative Branch
Appropriations Act, 1975, //2 USC 59.// is amended by inserting "(1)"
immediately before the text of subsection (a) and by adding immediately
below subsection (a) the following:
"(2) The Senator may lease, on behalf of the United States Senate,
the office space so secured for a term not in excess of one year. A
copy of each such lease shall be furnished to the Sergeant at Arms.
Nothing in this paragraph shall be construed to require the Sergeant at
Arms to enter into or execute any lease for or on behalf of a Senator.".
Sec. 108. (a) Prusuant to section 2 of Senate Resolution 60, 94th
Congress, //2 USC 72a-1c.// agreed to June 12, 1975, and subject to the
requirements of this section, each Senator serving on a committee is
authorized to hire staff for the purpose of assisting him in connection
with his membership on one or more committees on which he serves as
follows:
(1) A Senator serving on one or more standing committees named
in paragraph 2 of Rule XXV of the Standing Rules of the Senate
shall receive, for each such committee as he designates, up to a
maximum of two such committees, an amount equal to the amount
referred to in section 105(e)(1) of the Legislative Branch
Appropriation Act, 1968, //2 USC 61-1.// as amended and modified.
(2) A Senator serving on one or more standing committees named
in paragraph 3 of Rule XXV of the Standing Rules of the Senate or,
in the case of a Senator serving on more than two committees named
in paragraph 2 of that Rule but on none of the committees named in
paragraph 3 of the Rule; select and special committees of the
Senate; and joint committees of the Congress shall receive for
one of such committees which he designates, an amount equal to the
amount referred to in section 105 (e)(1) of the Legislative Branch
Appropriation Act, 1968, //2 USC 61 - 1.// as amended and
modified.
(b)(1) Each of the amounts referred to in subsection (a)(1) shall be
reduced, in the case of a Senator who is--,
(A) the chairman or ranking minority member of any of the two
committees designated by the Senator under subsection (a) (1);
(B) the chairman of ranking minority member of any subcommittee
or either of such committees that receives funding to employ staff
assistance sprarately feom the funding authority for staff of the
committee; or
(C) authorized by the committee, a subcommittee thereof, or the
chairman of the committee or subcommittee, as appropriate, to
recommend or approve the appointment to the staff of such
committee or subcommittee of one or more individuals for the
purpose of assisting such Senator in his duties as a member of
such committee or subcommittee,
by an amount equal to the aggregate annual gross rates of compensation
of all staff employees of that committee or subcommittee (i) whose
appointment is made, approved, or recommended and (iii) whose continued
employment is not disapproved by such Senator if such employees are
employed for the purpose of assisting such Senator in his duties as
chairman, ranking minority member, or member of such committee or
subcommittee thereof as the case may be, or to the amount referred to in
section 105(e)(1) of such Act, whichever is less.
(2) The amount referred to in subsection (a)(2) shall be reduced in
the case of any Senator by an amount equal to the aggregate annual gross
rates of compensation of all staff employees (i) whose appointment to
the staff of any committee referred to in subsection (a)(2), or
subcommittee thereof, is made, approved, or recommended and (ii) whose
continued employment is not disapproved by such Senator if such
employees are employed for the purpose of assisting such Senator in his
duties as chairman, ranking minority member, or member of such committee
or subcommittee thereof as the case may be, or an amount equal to the
amount referred to in section 105(e)(1) of such Act, whichever is less.
(c) An employee appointed under this section shall be designated as
such and certified by the Senator who appoints him to the chairmen and
ranking minority members of the appropriate committee or committees as
designated by such Senator and shall be accorded all privileges of a
professional staff member (whether permanent or investigatory) of such
committee or committees including access to all committee sessions and
files, except that any such committee may restrict access to its
sessions to one staff member per Senator at a time and require, if
classified material is being handled or discussed, that any staff member
possess the appropriate security clearance before being allowed access
to such material or to discussion of it.
(d) An employee appointed under this section shall not receive
compensation in excess of that provided for an employee under section
105(e) (1) of the Legislative Branch Appropriations Act, 1968, //2 USC
61-1.// as amended and modified.
(e) The aggregate of payments of gross compensation made to employees
under this section during each fiscal year shall not exceed at any time
during such fiscal year one-twelfth of the total amount to which the
Senator is entitled under this section (after application of the
reductions required under subsection (b)) multiplied by the number of
months (counting a fraction of a month as a month) elapsing from the
first month in that fiscal year in which the Senator holds the office of
Senator through the end of the current month for which the payment of
gross compensation is to be made. In any fiscal year in which a Senator
does not hold the office of Senator at least part of each month of that
year, the aggregate amount available for gross compensation of employees
under this section shall be the total amount to which the Senator is
entitled under this section (after application of the reductions
required under subsection (b)) divided by 12, and multiplied by the
number of months the Senator holds such office during that fiscal year,
counting any fraction of a month as a full month.
(f) This section is effective on and after July 1, 1975.
For payment to Stephanie Estelle Kluczynski, widow of John C.
Kluczuynski, late a Representative from the State of Illinois, $42,500.
For payment to Shirley Neal Pettit, widow of Jerry L. Pettis, late a
Representative from the State of California, $42,500.
For compensation of Members, as authorized by law (wherever used
herein the term " Member" shall include Members of the House of
Representatives, the Resident Commissioner from Puerto Rico, the
Delegate from the Virgin Islands), $20,494,120.
For "compensation of Members" for the period July 1, 1976, through
September 30, 1976, $5,123,530.
For mileage of Members, as authorized by law, $210,000.
For " Mileage of Members" for the period July 1, 1976, through
September 30, 1976, $52,500.
For salaries and expenses, as authorized by law, $1,155,335,
including: Office of the Speaker, $333,000, including $10,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$240,965, including $3,000 for official expenses of the Majority Leader;
Minority Floor Leader, $183,650, including $3,000 for official expenses
of the Minority Leader; Majority Whip, $198,860, including not to
exceed $44,225 for the Chief Deputy Majority Whip; Minority Whip,
$198,860, including not to exceed $44,225 for the Chief Deputy Minority
Whip.
For " House leadership offices" for the period July 1, 1976, through
September 30, 1976, $288,840, including: Office of the Speaker,
$83,250, including $2,500 for official expenses of the Speaker; Office
of the Majority Floor Leader, $60,245, including $750 for official
expenses of the Majority Leader; Minority Floor Leader, $45,915,
including $750 for official expenses of the Minority Leader; Majority
Whip, $49,715, including not to exceed $11,060 for the Chief Deputy
Majority Whip; Minority Whip, $49,715, including not to exceed $11,060
for the Chief Deputy Minority Whip.
For compensation and expenses of officers and employees, as
authorized by law, $19,453,315, including: Office of the Clerk,
$4,151,245; Office of the Sergeant at Arms, $8,557,145; Office of the
Doorkeeper, $3,330,860; Office of the Postmaster, $1,056,695;
including $17,772 for employment of substitute messengers and extra
services of regular employees when required at the salary rate of not to
exceed $9,561 per annum each; Office of the Chaplain, $19,770; Office
of the Parliamentarian, including the Parliamentarian and $2,000 for
preparing the Digest of the Rules, $220,000; for compiling the
precedents of the House of Representatives, $235,000; Official
Reporters of Debates, $478,060; Official Reporters to Committees,
$549,540; two printing clerks, one for the majority appointed by the
majority leader and one for the minority appointed by the minority
leader, $28,420 to be equally divided; a technical assistant in the
Office of the Attending Physician, to be appointed by the Attending
Physicial subject to the approval of the Speaker, $25,540; the House
Democratic Steering Committee, $292,520; the House Republican
Conference, $292,520; and six minority employees, $216,000.
Such amounts as deemed necessary for the payment of salaries of
officers and employees within this appropriation may be transferred
among offices upon the approval of the Committee on Appropriations of
the House of Representatives.
For " Salaries, officers and employees" for the period July 1, 1976,
through September 30, 1976, $4,863,365, including: Office of the Clerk,
$1,037,815; Office of the Sergeant at Arms, $2,139,290; Office of the
Doorkeeper, $832,715; Office of the Postmaster, 264,175, including
$4,443 for employment of substutute messengers and extra services of
regular employees when required at the salary rate of not to exceed
$9,561 per annum each; Office of the Chaplain, $4,950; Office of the
Parliamentarian, including the Parliamentarian and $500 for preparing
the Digest of the Rules, $55,000; for compiling the precedents of the
House of Representatives, $58,750; Officials Reporters of Debates,
$119,520; Official Reporters to Committees, $137,390; two printing
clerks, one for the majority appointed bt the majority leader and one
for the minority appointed by the minority leaders, $7,110 to be equally
divided; a technical assistant in the Office of the Attending
Physician, to be appointed by the Attending Physician subject to the
approval of the Speaker, $6,390; the House Democratic Steering
Committee, $73,130; the House Republican Conference, $73,130; and six
minority employees, $54,000.
Such amounts as deemed necessary for the payment of salaries of
officers and employees within this appropriation for the period July 1,
1976, through September 30, 1976 may be transferred among offices upon
the approval of the Committee on Appropriations of the House of
Representatives.
For professional and clerical employees of standing committees,
including the Committee on Appropriations and the Committee on the
Budget, $20,766,000.
For " Committee employees" for the period July 1, 1976, through
September 30, 1976, $5,191,500.
For salaries and expenses, studies and examinations of executive
agencies, by the Committee on Appropriations, and temporary personal
services for such committee, to be expended in accordance with section
202(b) of the Legislative Reorganization Act, 1946 //2 USC 72a.// and to
be abailable for reimbursement to agencies for services performed,
$2,274,000.
For " Committee on Appropriations (studies and investigations)" for
the period July 1, 1976, through September 30, 1976, $571,000.
For salaries, expenses, and studies by the Committee on the Budget,
and temporary personal services for such committee to be expended in
accordance with sections 101(c), 606, 703 and 901(e), of the
Congressional Budget Act of 1974, //88 Stat. 300; 31 USC 11b, 1303; 88
Stat. 330.// and to be available for reimbursement to agencies for
services performed, $354,000.
For " Committee on the Budget (studies)" for the period July 1, 1976,
through September 30, 1976, $88,500.
For salaries and expenses of the Office of the Law Revision Counsel
of the House, $340,000.
For " Office of the Law Revision Counsel" for the period July 1,
1976, through September 30, 1976, $85,000.
For salaries and expenses of the Office of the Legislative Counsel of
the House, $1,165,000.
For " Office of the Legislative Counsel" for the period July 1, 1976,
through September 30, 1976, $291,250.
For staff employed by each Member in the discharge of his official
and representative duties, $85,000,000.
For " Members' clerk hire" for the period July 1, 1976, through
September 30, 1976, $21,250,000.
For miscellaneous items, exclusive of salaries unless specifically
ordered by the House of Representatives, for purchase, exchange,
operation, maintenance, and repair of House motor vehicles (the Clerk's
automobil%e and motor trucks, the Sergeant at Arms" automobile, the Post
Office motor vehicle, and the Publications Distribution Service motor
truck); and not to exceed $5,000 for the purposes authorized by section
1 of House Resolution 348, approved June 29, 1961, $15,265,600.
For " Miscellaneous items" for the period July 1, 1976, through
September 30, 1976, $3,816,400.
For telegraph and telephone servicem exclusive of personal services,
$6,500,000.
For " Telegraph and telephone" for the period July 1, 1976 through
September 30, 1976, $1,700,000.
For a stationery allowance for each Member for the second session of
the Ninety-fourth Congress, as authorized by law, $2,853,500, to remain
available until expended.
Postage stamp allowances for the second session of the Ninety-fourth
Congress, as authorized by law, $525,155.
For contributions to employees life insurance fund, retirement fund,
and health benefits fund, as authorized by law, $8,000,000, and in
addition, such amounts an may be necessary may be transferred from the
appropriation " Miscellaneous items".
For " Government contributions" for the period July 1, 1976, through
September 30, 1976, $2,000,000, and in addition, such amounts as may be
necessary may be transferred from the appropriation " Miscellaneous
items".
For salaries and expenses of special and select committees authorized
by the House, $20,000,000.
For " Special and select committees" for the period July 1, 1976,
through September 30, 1976, $5,000,000.
For stenographic reports of hearings of committees, including special
and select committees, $775,000.
For " Reporting hearings" for the period July 1, 1976, through
September 30, 1976, $193,750.
For purchase and repair of furniture, carpets and draperies,
including supplies, tools and equipment for repair shops; and for
purchase of packing boxes, $1,123,000.
For " Furniture" for the period July 1, 1976, through September 30,
1976, $158,000.
For purchase, exchange, hire, driving, maintenance, repair, and
operation of automobiles for the leadership of the House of
Representatives, including one each for the Speaker, the Majority
Leader, and the Minority Leader, $68,460.
For " Leadership automobiles" for the period July 1, 1976, through
September 30, 197l, $17,115, for purchase, exchange, hire, driving,
maintenance, repair, and operation of automobiles for the leadership of
the House of Representatives, including one each for the Speaker, the
Majority Leader, Minority Leader.
Sec. 201. The provisions of House Resolution 10, Ninety-fourth
Congress, //2 USC 43b-2, 43b-3.// relating to staff travel for early
organization caucuses or conferences; //40 USC 175 note.// House
Resolution 208, Ninety-fourth Congress, providing for additional parking
facilities for the House of Representatives; House Resolution 360,
Ninety-fourth Congress, establishing seventy-three additional positions
on the Capitol Police Force for duty under the House of Representatives;
and House Resolution 413, Ninety-fourth Congress, providing for
additional staff assistance for the leadership of the House of
Representatives, shall be permanent law with respect thereto. //40 USC
206a-1, 206a-2, 206a-3.//
For joint committees, as follows:
For salaries and expenses of the Joint Economic Committee,
$1,168,000.
For " Joint Economic Committee" for the period July 1, 1976, through
September 30, 1976, $292,000.
For salaries and expenses of the Joint Committee on Atomic Energy,
$632,000.
For Joint Committee on Atomic Energy" for the period July 1, 1976,
through September 30, 1976, $158,000.
For salaries and expenses of the Joijt Committee on Printing,
$447,650.
For " Joint Committee on Printing" for the period July 1, 1976,
through September 30, 1976 $111,910.
For salaries and expenses of the American Indian Policy Review
Commission necessary to carry out the provisions of Public Law 93 - 580,
$1,500,000.
For " American Indian Policy Review Commission" for the period July
1, 1976, through September 30, 1976, $300,000.
For salaries and expenses of the Joint Committee on Internal Revenue
Taxation, $1,324,380.
For " Joint Committee on Internal Revenue Taxation" for the period
July 1, 1976, through September 30, 1976, $331,095.
For salaries and expenses of the Joint Committee on Defense
Production, $160,465: Provided, That this appropriation shall be
available only upon the enactment into law of authorizing legislation.
For " Joint Committee on Defense Production" for the period July 1,
1976, through September 30, 1976, $40,120: Provided, That this
appropriation shall be available only upon the enactment into law of
authorizing legislation.
For salaries and expenses of the Joint Committee on Congressional
Operations, including the Office of Placement and Office Management,
$635,000.
For " Joint Committee on Congressional Operations" for the period
July 1, 1976, through September 30, 1976, $158,750.
For other joint items, as follows:
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including (1) an allowance of $1,000 per month to the Attending
Phusician; (2) an allowance of $600 per month to one senior medical
officer while on duty in the Attending Physician's office; (3) an
allowance of $200 per month each to two medical officers while on duty
in the Attending Physician's office; (4) an allowance of $200 per month
each to not exceed eight assistants on the basis heretofore provided for
such assistance; and (5)[ $175,285, for reimbursement to the Department
of the Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, such amount shall be advanced and
credited to the applicable appropriation or appropriations from which
such salaries, allowances, and other expenses are payable and shall be
available for all the purposes thereof, $288,485.
For " Office of the Attending Physician" for the period July 1, 1976,
through September 30, 1976, $72,125, including $43,821 for reimbursement
to the Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician, such amount
shall be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other expenses
are payable and shall be available for all the purposes thereof.
Effective the first of the month following approval of this Act,
there is established in the Treasury of the United States a revolving
fund for the Office of the Attending Physician. The amount on deposit
in the suspense fund maintained by the Clerk of the House for the
Attending Physician's receipts on the effective date of this Act shall
constitute the capital of the fund. All moneys thereafter received by
the Office of the Attending Physician from the sale of drugs or from any
other source shall be deposited in such fund; and moneys in such fund
shall be available without fiscal year limitation for the purchase of
drugs for resale by the Office of the Attending Physician. An adequate
system of accounts for the revolving fund shall be maintained and
financial reports prepared on the basis of such accounts by the Office
of the Attending Physician. The activities of the office shall be
subject to audit by the General Accounting Office and reports of such
audits shall be furnished to the Speaker of the House, to the President
of the Senate, to the appropriate committees of Congress, and to the
Clerk of the House. The Comptroller General, or any of his duly
authorized representatives, shall have access for the purpose of audit
and examination to such documents, papers and records of the Office of
the Attending Physician as he may deem necessary.
The net profit established by the General Accounting Office audit,
after restoring any impairment of capital, shall be transferred to the
general fund of the Treasury.
For purchasing and supplying uniforms; the purchase, maintenance,
and repair of police motor vehicles, including two-way police radio
equipment; contingent expenses, including advance payment for travel
for training purposes as approved by the Chairman of the Capitol Police
Board, and including $40 per month for extra services performed for the
Capitol Police Board by such member of the staff of the Sergeant at Arms
of the Senate or the House as may be designated by the Chairman of the
Board, $564,820.
For " Capitol police--general expenses" for the period july 1, 1976,
through September 30, 1976, $92,305, including $40 per month for extra
services performed for the Capitol Police Board by such member of the
staff of the Sergeant at Arms of the Senate or the House as may be
designated by the Chairman of the Board.
To enable the Capitol Police Board to provide additional protection
for the Capitol Buildings and Grounds, including the Senate and House
Office Buildings and the Capitol Power Plant, $1,400,345. Such sum
shall be expended only for payment of salaries and other expenses of
personnel detailed from the Metropolitan Police of the District of
Columbia, and the Mayor of the District of Columbia is authorized and
directed to make sure details upon the request of the Board // D.C.
Code 9 - 126a.// Personnel so detailed shall, during the period of such
detail, serve under the direction and instructions of the Board and are
authorized to exercise the same authority as members of such
Metropolitan Police and members of the Capitol Police and to perform
such other duties as may be assigned by the Board. Reimbursement for
salaries and other expenses of such detail personnel shall be made to
the Government of the District of Columbia, and any sums so reimbursed
shall be credited to the appropriation or appropriations from which such
salaries and expenses are payable and shall be available for all the
purposes thereof: Provided, That any person detailed under the
authority of this paragraph or under similar authority in the
Legislative Branch Appropriation Act, 1942, //55 Stat. 456.// and the
Second Deficiency Appropriation Act, 1940, //54 Stat. 629.// from the
Metropolitan Police of the District of Columbia shall be deemed a member
of such Metropolitan Police during the period or periods of any such
detail for all purposes of rank, pay, allowances, privileges, and
benefits to the same extent as though such detail had not been made, and
at the termination thereof any such person shall have a status with
respect to rank, pay, allowances, privileges, and benefits which is not
less than the status of such person in such police at the end of such
detail: Provided further, That the Mayor of the District of Columbia is
directed (1) to pay the assistant chief detailed under the authority of
this paragraph and serving as Chief of the Capitol Police, the salary of
assistant chief plus $2,000 and such increases in basic compensation as
may be subsequently provided by law so long as this position is held by
the present incumbent, (2) to pay the two deputy chiefs detailed under
the authority of this paragraph and serving as assistants to the Chief
of the Capitol Police the salary of deputy chief and such increases in
basic compensation as may be subsequently provided by law so long as
these positions are held by the present incumbents, (3) to elevate and
pay the captain detailed under the authority of this paragraph the rank
and salary of inspector and such increases in basic compensation as may
be subsequently provided by law so long as this position is held by the
present incumbent, (4) to elevate and pay the lieutenabt detailed under
the authority of this paragraph the rank and salary of captain and such
increases in basic compensation as may be subsequently provided by law
so long as this position is held by the present incumbent, (5) to pay
the captain detailed under the authority of this paragraph the salary of
captain plus $1,625 and such increases in basic compensation as may be
subsequently provided by law so long as this position is held by the
present incumbent, (6) to pay the lieutenant detailed under the
authority of this paragraph the salary of lieutenant and such increases
in basic compensation as may be subsequently provided by law so long as
this position is held by the present incumbent, (7) to elevate and pay
the acting lieutenant detailed under the authority of this paragraph the
rank and salary of lieutenant and such increases in basic compensation
as may be subsequently provided by law so long as this position is held
by the present incumbent, (8) to elevate and pay the two detectives,
grade 2, detailed under the authority of this paragraph the rank and
salary of detective sergeant and such increases in basic compensation as
may be subsequently provided by law so long as these positions are held
by the present incumbents, (9) to pay the two detective sergeants
detailed under the authority of this paragraph the salary of detective
sergeant and such increases in basic compensation as may be subsequently
provided by law so long as these positions are held by the present
incumbents, (10) to pay the four sergeants of the uniform force detailed
under the authority of this paragraph the salary of sergeant and such
increases in basic compensation as may be subsequently provided by law
so long as these positions are held by the present incumbents.
No part of any appropriation contained in this Act shall be paid as
compensation to any person appointed after June 30, 1935, as an officer
or member of the Capitol Police who does not meet the standards to be
prescribed for such appointees by the Capitol Police Board: Provided,
That the Capitol Police Board is hereby authorized to detail police from
the House Office, Senate Office, and Capitol Buildings for police duty
on the Capitol Grounds and on the Library of Congress Grounds.
For " Capitol Police Board" for the period July 1, 1976, through
September 30, 1976, $350,090.
For education of congressional pages and pages of the Supreme Court,
pursuant to part 9 of title IV of the Legislative Reorganization Act,
1970, //2 USC 88b-1 and note; 40 USC 184a.// and section 243 of the
Legislative Reorganization Act, 1946, //2 USC 88a.// $186,615, which
amount shall be advanced and credited to the applicable appropriation of
the Disterict of Columbia, and the Board of Education of the District of
Columbia is hereby authorized to employ such personnel for the education
pages as may be required and to pay compensation for such services in
accordance with such rates of compensation as the Board of Education may
prescribe. // D.C. code 31 - 121.//
For " Education of pages" for the period July 1, 1976, through
September 30, 1976, $46,660.
For expenses necessary for official mail cost pursuant to title 39,
U.S.C., section 3216, $46,101,000, to be available immediately on
enactment of this Act.
For " Official mail costs" for the period July 1, 1976, through
September 30, 1976, $11,525,000.
The foregoing amounts under "other joint items" shall be disbursed by
the Clerk of the House.
For salaries and expenses of the Capitol Guide Service, $374,350, to
be disbursed by the Secretary of the Senate: Provided, That none of
these funds shall be used to employ more than twenty-eight individuals.
For " Capitol Guide Service" for the period July 1, 1976, through
September 30, 1976, $93,600, to be disbursed by the Secretary of the
Senated: Provided, That none of these funds shall be used to employ
more than twenty-eight individuals.
For the preparation, under the direction of the Committees on
Appropriations of the Senate and House of Representatives, of the
statements for the first session of Ninety-fourth Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriation bills as required by law, $13,000, to be paid to the
persons designated by the chairman of such committees to supervise the
work.
For " Statements of appropriations" for the period July 1, 1976,
through September 30, 197l, $3,250.
For salaris and expenses necessary to carry out the provisions of the
Technology Assessment Act of 1972 (Public Law 92 - 484), //2 USC 471
note.// $6,050,000: Provided, that not to exceed $435,000 of the funds
remaining unobligated as of June 30, 1975, shall be merged with and also
be available for the general purposes of this appropriation.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,512,000.
For the Architect of the Capitol; the Assistant Architect of the
Capitol; the Executive Assitant; and other persanal services; at
rates of pay provided by law, $1,578,100.
For " Salaries, Office of the Architect of the Capitol" for the
period July 1, 1976, through September 30, 1976, $425,000.
Appropriations under the control of the Architect of the Captiol
shall be available for expenses of travdel on official business not to
exceed in the aggregate under all funds the sum of $20,000. //40 USC
166a.//
Appropriations under the control of the Architect of the Capitol for
thed period July 1, 1976, through September 30, 1976, shall be available
for expenses of travel on official business not to exceed in the
aggregate under all funds the sum of $5,000.
To enable the Architect of the Capitol to make surveys and studies,
to incur expenses authorized by the Act of December 13, 1973 (87 Stat.
704), //40 USC 166d, 166e.// and to meet unforeseen expenses in
connection with activities under his care, $120,000.
Not to exceed $100,000 of the unobligated balance of the
appropriation under this head for the fiscal year 1975, provided in the
Further Urgent Supplemental Appropriations Act, 1975 (89 Stat. 11), is
hereby continued available until June 30, 1976.
For " Contingent expenses" for the period July 1, 1976, through
September 30, 1976, $30,000.
For necessary expenditures for the Capitol Building and electrical
substations of the Senate and House Office Buildings, under the
jurisdiction of the Architect of the Capitol, including improvements,
maintenance, repair, equipment, supplies, material, fuel, oil, waste,
and appurtenances; furnishings and office equipment; special and
protective clothing for workmen; uniforms or allowances therefor as
authorized by law (25 U.S.C. 5901 - 5902); personal and other services;
cleaning and repairing works of art and prevention and eradication of
insect and other pests without regard to section 3709 of the Revised
Statutes, as amended; //41 USC 5.// transporting statuary, now stored
on the grounds of the Capitol Power Plant, to the Smithsonian
Institution; purchase or exchange, maintenance and operation of a
passerger motor vehicle; purchase of necessary reference books and
periodicals; for expenses of attendance, when specifically authorized
by the Architect of the Capitol, at meetings or conventions in
connection with subjects related to work under the Architect of the
Capitol, $4,114,500, of which $77,000 shall remain available until
expended.
Not to exceed $496,500 of the unobligated balance of the
appropriation under this head for the fiscal year 1975 is hereby
continued available until June 30, 1976.
Not to exceed $60,000 of th unobligated balance of that part of the
appropriation under this head for the fiscal year 1974, continued
available ultil June 30, 1975, is hereby continued availble until June
30, 1976.
Not to exceed $400,000 of the unobligated balance of that part of the
appropriation under this head for the fiscal year 1973, made available
until June 30, 1974 and continued available until June 30, 1975, for
restoration of the Old Senate and Supreme Court Chambers, is hereby
continued available until June 30, 1976.
For " Capitol buildings" for the period July 1, 1976, through
September 30, 1976, $1,391,000.
For care and improvement of grounds surrounding the Capitol, the
Senate and House Office Buildings, and the Capitol Power Plant;
personal and other services; care of trees; planting; fertilizer;
repairs to pavements, walks, and roadways; waterproof wearing apparel;
maintenance of signal lights; and for snow removal by hire of men and
equipment or under contract without regard to section 3709 of the
Revised Statutes, as amended, //41 USC 5.// $1,685,000, of which
$200,000 shall remain available until expended.
For " Capitol grounds" for the period July 1, 1976 through September
30, 1976, $405,000.
Notwithstanding any other provision of law, to enable the Architect
of the Capitol to prepare studies and develop a Master Plan for future
developments within the United States Capitol Grounds, for the future
enlargement of such grounds through the acquisition and development of
areas in the vicinity thereof, and for the future acquisition and
development of other areas deemed appropriate by him to include in and
incorporate as a part of such Plan, in order to provide within such
areas for future expansion, growth, and requirements of the legislative
branch and such parts of the judiciary branch as deemed appropriate to
include in such Plan, after consultation with the leaders of the House
and the Senate, and the Legislative Branch Appropriations Subcommittees
of the House and Senate, and the Chief Justice of the United States, and
in order to project other anticipated growth in and adjacent to such
areas, $350,000, to be expended without regard to section 3709 of the
Revised Statutes of the United States, as amended, and to remain
available until expended: Provided, That the Architect of the Capitol
is authorized to enter into personal service and other contracts, emloy
personnel, confer with and accept services and assistance from the
National Capital Planning Commission and other Government agencies and
other interested parties to insure coordinated planning, and incur
obligations and make expenditures for these and other items deemed
necessary to carry out the purposes of this paragraph: Provided
further, That upon completion of such Plan, the Architect of the Capitol
shall transmit to the Congress a report describing such Plan, with
illustrated drawings and other pertinent material.
For maintenance, miscellaneous items and supplies, including
furniture, furnishings, and equipment, and for labor and material
incident thereto, and repairs thereof; for purchase of waterproof
wearing apparel, and for personal and other services; for the care and
operation of the Senate Office Buildings; including the subway and
subway transportation systems connecting the Senate Office Building with
the Capitol; uniforms or allowances therefore as authorized by law (5
U.S.C. 5901 - 5902), prevention and eradication of insect and other
perst without regard to section 3709 of the Revised Statutes as amended;
to be expended under the control and supervision of the Architect of
the Capitol in all $8,000,000, of which not to exceed $783,600 shall be
available for expenditure without regard to Section 3709 of the Revised
Statutes, as amended, //41 USC 5.// and shall remain available until
expended for consulting services, design, testing, evaluation, and
procurement of office furniture, furnishings, and equipment under a
pilot program devised to provide guidelines and criteria for future
procurements for such items for the Senate Office Buildings Complex:
Provided, That the second proviso under the head " Senate Office
Buildings" contained in the Legislative Branch Appropriation Act, 1972
(85 STAT. 138) //40 USC 174j-8.// is amended by adding at the end
thereof, before the colon, the words "and, in fixing the compensation of
such personnel, the compensation of four positions hereafter to be
designated as Director of Food Service, Assistant Director of Food
Service, Manager (special functions), and Administrative Officer shall
be fixed by the Architect of the Capitol without regard to Chapter 51
and Subchapter III and IV of Chapter 53 of title 5, United States Code,
//5 USC 5101, 5331, 5341.// and shall thereafter be adjusted in
accordance with 5 U.S.C. 5307".
Not to exceed $225,000 of th unobligated balance of the appropriation
under this head for the fiscal year 1975 is hereby continued available
until June 30, 1976.
For " Senate office buildings" for the period July 1, 1976, through
September 30, 1976, $2,050,000.
No part of the funds appropriated for " Construction of an Extension
to the New Senate Office Building" shall be obligated or expended for
construction, either on, above, or below street level, of any additional
pedestrian entrances to the Dirksen Senate Office Building on the side
of such building that faces First Street Northeast, or for construction
of additional underground pedestrial walkways extending from the Dirksen
Building through the Russell Building, or for construction of any
restaurants or shops on the first floor of the Dirksen Building.
For maintenance, repairs, alterations, personal and other services,
and all other necessary expenses, $127,300.
For " Senate garage" for the period July 1, 1976 through September
30, 1976, $34,000.
For maintenance, including equipmentf waterproof wearing apparel;
uniforms or allowances therefor as authorized by law (5 U.S.C. 5901 -
5902); prevention and eradication of insect and other pests without
regard to section 3709 of the Revised Statutes, as amended; //41 USC
5.// miscellaneous items; and for all necessary services, including the
position of Superintendent of Garages as authorized by law, $9,814,700.
For " House office buildings" for the period july 1, 1976, through
September 30, 1976, $2,596,000.
For lighting, heating, and power (including the purchase of
electrical energy) for the Capitol, Senate and House Office Buildings,
Supreme Court Building, Congressional Library Buildings, and the grounds
about the same, Botanic Garden, Senate garage, and for air-conditioning
refrigeration not supplied from plants in any of such buildings; for
heating the Government Printing Office, Washington City Post Office, and
Folger Shakespeare Library, reimbursement for which shall be made and
covered into the Treasury; personal and other services, fuel, oil,
material, waterproof wearing apparel, and all other necessary expenses
in connection with the maintenance and operation of the plant,
$9,063,000.
For " Capitol power plant" for the period July 1, 1976, through
September 30, 1976, $2,442,000.
For alternations and improvements to provide facilities for the
physically handicapped, in the Capitol, Senate, and House Office
Buildings, Capitol Grounds, Library of Congress Buildings, and Botanic
Garden, including personal and other services and all other necessary
items, $2,700,000, to be expended by the Architect of the Capitol and to
remain available until expended.
For necessary expenditures for mechanical and structural maintenance,
including improvements, equipments, supplies, waterproof wearing
apparel, and personal and other services, $1,821,000, of which $78,000
shall remain available until expended.
Not to exceed $70,000 of the unobligated balance of the appropriation
under this head for the fiscal year 1975 is hereby continued available
until June 30, 1976.
For " Library buildings and grounds, structural and mechanical care"
for the period July 1, 1976, through September 30, 1976, $485,000.
Sec. 501. //40 USC 166b-5.// (a) Whenever--,
(1) the law of any State provides for the collection of an
income tax by imposing upon employers generally the duty of
withholding sums from the compensation of employees and remitting
such sums to the authorities of such State; and
(2) such duty to withhold is imposed generally with respect to
the compensation of employees who are residents of such State;
then the Architect of the Capitol is authorized, in accordance with the
provisions of this section, to enter into an agreement with the
appropriate official of that State to provide for the withholding and
remittance of sums for individuals--,
(A) employed by the Office of the Architect of the Capitol, the
United States Botanic Garden, or the Senate Restaurant; and
(B) who request the Architect to make such withholdings for
remittance to that State.
(b) Any agreement entered into under subsection (a) of this section
shall not require the Architect to remit such sums more often than once
each calendar quarter.
(c)(1) An individual employed by the Office of the Architect of the
Capitol, the United States Botanic Garden, or the Senate Restaurant may
request the Architect to withhold sums from his pay for remittance to
the appropriate authorities of the State that he designates. Amounts of
withholdings shall be made in accordance with those provisions of the
law of that State which apply generally to withholding by employers.
(2) An individual may have in effect at any time only one request for
withholdings, and he may not have more than two such requests in effect
with respect to different States during any one calendar year. The
request for withholdings is effective on the first day of the first pay
period commencing on or after the day on which the request is received
in the Office of the Architect, the Botanic Garden Office, or the Senate
Restaurant Accounting Office except that--,
(A) when the Architect first enters into an agreement with a
State, a request for withholdings shall be effective on such date
as the Architect may determine; and
(B) when an individual first receives an appointment, the
request shall be effective on the day of appointment, if the
individual makes the request at the time of appointment.
(3) An individual may change the State disignated by him for the
purpose of having withholdings made and request that the withholdings be
remitted in accordance with such change, and he may also revoke his
request for withholdings. Any change in the State designated or
revocation is effective on the first day of the first pay period
commencing on or after the day on which the request for change of the
revocation is received in the appropriate office.
(4) The Architect is authorized to issue rules and regulations he
considers appropriate in carrying out this subsection.
(d) The Aechitect may enter into agreements under subsection (a) of
this section at such time or times as he considers appropriate.
(e) This section imposes no duty, burden, or requirement upon the
United States, or any officer or employee of the United States, except
as specifically provided in this section. Nothing in this section shall
be deemed to consent to the application of any provision of law which
has the effect of subjecting the United States, or any officer or
employee of the United States to any penalty or liability by reason of
the provisions of this section.
(f) For the purposes of this section, " State" means any of the
States of the United States.
For all necessary expenses incident to maintaining, operating,
repairing, and improving the Botanic Garden and the nurseries,
buildings, grounds, collections, and equipment pertaining thereto,
including personal services; waterproof wearing apparel; not to exceed
$25 for emergency medical supplies; traveling expenses, including bus
fares, not to exceed $275; the prevention and eradication of insect and
other pests and plant diseases by purchase of materials and procurement
of personaql services by contract without regard to the provisions of
any other Act; purchase and exchange of motor trucks; purchase and
exchange, maintenance, repair, and operation of a passenger motor
vehicle; purchase of botanical books, periodicals, and books of
reference, not to exceed $100; all under the direction of the Joint
Committee on the Library, $1,205,000, of which $50,000 shall remain
available until expended.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $297,000.
For necessary expenses of the Library of Congress, not otherwise
provided for, including development and maintenance of the Union
Catalogs; custody, care, and maintenance of the Library Buildings;
special clothing; cleaning, laundering, and repair of uniforms;
preservation of motion pictures in the custody of the Library; for the
national program for acquisition and cataloging of Library material;
and expenses of the Library of Congress Trust Fund Board not properly
chargeable to the income of any trust fund held by the Board,
$57,285,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $14,895,000.
For necessary expenses of the Copyright Office, including publication
of the decisions of the United States courts involving copyrights,
$6,753,500.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,768,000.
For necessary expenses of the National Commission on New
Technological Unses of Copyrighted Works, $337,000.
For " Salaries and Expenses" for the period July 1, 1976, through
September, 30, 1976, $114,000.
For necessary expenses to carry out the provisions of section 203 of
the Legislative Reorganization Act of 1946, as amended by section 321 of
the Legislative Reorganization Act of 1970 (2 U.S.C. 166), $16,606,000:
Provided, That no part of this appropriation may be used to pay any
salary or expense in connection with any publication, or preparation of
material therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has obtained
prior approval of either the Committee on House Administration or the
Senate Committee on Rules and Administration.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $4,433,000.
For necessary expenses for the preparation and distribution of
catalog cards and other publications of the Library, $11,285,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $2,971,500.
For necessary expenses (except personal services) for acquisition of
books, periodicals, and newspapers, and all other material for the
increase of the Library, $1,695,000, to remain available until expended,
including $40,000 to be available solely for the purchase, when
specifically approved by the Librarian, of special and unique materials
for additions to the collections.
For " Books for the general collection" for the period July 1, 1976,
through September 30, 1976, $456,000, to remain available until
expended, including $10,000 to be available solely for the purchase,
when specifically approved by the Librarian, of special and unique
materials for additions to the collections.
For necessary expenses (except personal services) for acquisition of
books, legal periodicals, and all other material for the increase of the
law library, $251,000, to remain available until expended.
For " Books for the law library" for the period July 1, 1976, through
September 30, 1976, $75,000, to remain available until expended.
For salaries and expenses to carry out the provisions of the Act
approved March 3, 1931 (2 U.S.C. 135a), as amended, $15,872,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $3,742,000.
For necessary expenses for carrying out the provisions of section
104(b)(5) of the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1704), to remain available until expended,
$2,0141,100, of which $1,718,500 shall be available only for payments in
any foreign currencies owned by the United States which the Treasury
Department shall determine to be excess to the normal requirements of
the United States.
For " Collection and distribution of library materials (special
foreign currency program)" for the period July 1, 1976, through
September 30, 1976, to remain available until expended, $498,000, of
which $426,000 shall be available only for payments in any foreign
currencies owed to or owned by the United States which the Treasury
Department shall determine to be excess to the normal requirements of
the United States.
For necessary expenses for the purchase and repair of furniture,
furnishings, office and library equipment, $4,078,000, of which
$3,136,000 shall be available until expended only for the purchase and
supply of furniture, book stacks, shelving, furnishings, and related
costs necessary for the initial outfitting of the James Madison Memorial
Library Building.
Not to exceed $20,000 of the unobligated balance of the appropriation
under this head of the fiscal year 1975, which would have otherwise
lapsed, is hereby continued available until June 30, 1976.
For " Furniture and furnishings" for the period July 1, 1976, through
September 30, 1976, $145,300, of which $58,000 shall be available until
expended only for the purchase and supply of furniture, book stacks,
shelving, furnishings, and related cost necessary for the initial
outfitting of the James Madison Memorial Library Building.
For necessary expenses to enable the Librian to revise and extend the
Annotated Constitution of the United States of America, $34,000, to
remain available until expended.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $9,000, to remain available until expended.
Sec. 701. Appropriations in this Act available to the Library of
Congress for salaries shall be available for expenses of investigating
the loyalty of Library employees; special and temporary services
(including employees engaged by day or hour or in piecework); and
services as authorized by 5 U.S.C. 3109.
Sec. 702. //2 USC 169.// Not to exceed fifteen positions in the
Library of Congress may be exempt from the provisions of appropriation
acts concerning the employment of aliens during the current fiscal year,
but the Librarian shall not make any appointment to any such position
until he has ascertained that he cannot secure for such appointments a
person in any of the categories specified in such provisions who
possesses the special qualifications for the particular position and
also otherwise meets the general requirements for employment in the
Library of Congress.
Sec. 703. //2 USC 143a.// Funds available to the Library of Congress
may be expended to reimburse the Department of State for medical
services rendered to employees of the Library of Congress stationed
abroad and for contracting on behalf of and hiring alien employees for
the e Library of Congress under compensation plans comparable to those
authorized by section 444 of the Foreign Service Act of 1946, as amended
(22 U.S.C. 889(a)); for purchase or hire of passenger motor vehicles;
for payment of travel, storage and transportation of household goods,
and transportation and per diem expenses for families en route (not to
exceed twenty-four); for benefits comparable to those payable under
sections 911(9), 911(11), and 941 of the Foreign Service Act of 1946, as
amended (22 U.S.C. 1136( 9), 1136(11), and 1156, respectively); and
travel benefits comparable with those which are now or hereafter may be
granted single employees of the Agency for International Development,
including single Foreign Service personnel assigned to A.I.D. projects,
by the Administrator of the Agency for International Development--or his
designee--under the authority of section 636(b) of the Foreign
Assistance Act of 1961 (Public Law 87 - 95, 22 U.S.C. 2396(b)); subject
to such rules and regulations as may be issued by the Librarian of
Congress.
Sec. 704. Payments in advance for subscriptions or other charges for
bibliographical data, publications, materials in any other form, and
services may be made by the Librarian of Congress whenever he determines
it to be more prompt, efficient, or economical to do so in the interest
of carrying out required Library programs.
Sec. 705. Appropriations in this Act available to the Library of
Congress shall be available, in an amount not to exceed $75,000, when
specifically authorized by the Librarian, for expenses of attendance at
meetings concerned with the function or activity for which the
appropriation is made.
Sec. 706. Appropriations in this Act available to the Library of
Congress for the period July 1, 1976, through September 360, 1976, shall
be available, in an amount not to exceed $18,750, when specifically
authorized by the Librarian, for expenses of attendance at meetings
concerned with the function or activity for which the appropriation is
made.
Sec. 707. Funds available to the Library of Congress may be expended
to provide additional parking facilities for Library of Congress
employees in an area or areas in the District of Columbia outside thde
limits of the Library of Congress grounds, and to provide for
transoprtation of such employees to and from such area or areas and the
Library of Congress grounds without regard to the limitations imposed by
31 U.S.C. 638a(c)(2).
Sec. 708. Funds available to the Library of Congress may be expended
to purchase, lease, maintain, and otherwise acquire automatic data
processing equipment without regard to the provisions of 40 U.S.C. 759.
For authorized printing and binding for the Congress; for printing
and binding for the Architect of the Capitol; expenses necessary for
Reparing the semimonthly and session index to the Congressional Record,
as authorized by law (44 U.S.C. 902); printing, binding, and
distribution of the Federal Register (including the Code of Federal
Regulations) as authorized by law (44 U.S.C. 1509, 1510); and printing
and binding of Government publications authorized by law to be
distrtibuted without charge to the recipient, $108,500,000: Provided,
That this appropriation shall not be available for printing and binding
part 2 of the annual report of the Secretary of Agriculture (known as
the Yearbook of Agriculture): Provided further, That this approrpiation
shall be available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years.
Hereafter, notwithstanding any other provisions of law appropriations
for the binding of copies of public documents by Committees for
distribution to Senators and Representatives (including Delegates to
Congress and the Resident Commissioner from Puerto Rico) shall not be
availablre for a Senator or Representative unless such Senator or
Representative specifically, in writing, requests that he receive bound
copies of any such documents. //44 USC 735 note.//
Hereafter, appropriations for authorized printing and binding for
Congress shall not be available under the authority of section 723 of
title 44 of the United States Code for the printing, publication, and
distribution of more than fifty bound eulogies to be delivered to the
family of the deceased, and in the case of a deceased Senator or
deceased Representative (including Delegates to Congress and the
Resident Commissioner from Puerto Rico), there shall be furnished to his
successor in office two hundred and fifty copies. //44 USC 723 note.//
Hereafter, notwithstanding any other provisions of law,
appropriations for the automatic distribution to Senators and
Representatives (including Delegates to Congress and the Resident
Commissioner from Puerto Rico) of copies of the Foreign Relations of the
United States, the United States Treaties and Other International
Agreements, the District of Columbia Code and Supplements, and more than
one bound set of the United States Code and Supplements shall not be
available with respect to any Senator or Representative unless such
Senator or Representative specifically, in writing, requests that he
receive copies of such documents. //44 USC 1317 note.//
For " Printing and bindingc for the period July 1, 1976, through
September 30, 1976, $27,125,000.
For necessary expenses of the Office of Superintendent of Documents,
including compensation of all employees in accordance with the
provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300):
Provided, That expenditures in connection with travel expenses of the
Depository Library Council to the Public Printer shall be deemed
necessary to carry out the provisions of chapter 19 of title 44, United
States Code; //44 USC 1901.// price lists and biblographies; repairs
to buildings, elevators, and machinery; and supplying books to
depository libraries; $36,765,700: Provided, That $300,000 of this
appropriation shall be apportioned for use pursuant to section 3679 of
the Revised Statutes, as amended (31 U.S.C. 665), with the approval of
the Public Printer, only to the extent necessary to provide for expenses
(excluding permanent personal services) for workload increase not
anticipated in the budget estimates and which cannot be provided for by
normal budgetary adjustments.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $9,191,400: Provided, That $75,000 of this
appropriation shall be apportioned for use pursuant to section 3679 of
the Revised Statutes, as amended (31 U.S.C. 665), with the approval of
The Public Printer, only to the extent necessary to provide for expenses
(excluding permanent personal services) for workload increases not
anticipated in the budget estimates and which cannot be provided for by
normal budgetary adjustments.
The Government Printing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accord with
the law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, //31 USC 849.// as may be necessary
in carrying out the programs and purposes set forth in the budget for
the current fiscal year for the " Government Printing Office revolving
fund": Provided, That not to exceed $3,500 may be expended on the
certification of the Public Printer in connection with special studies
of governmental printing, binding, and distribution practices and
procedures: Provided further, That during the current fiscal year the
revolving fund shall be available for the hire of two passenger motor
vehicles and the purchase of one passenger motor vehicle.
The government Printing Office is hereby authorized to make such
expenditures, whithin the limtis of funds available and in accord with
the law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs and purposes set forth in the budget for the period July 1,
1976, through September 30, 1976, for the " Government Printing Office
revolving fund": Provided, That not to exceed $875 may be expended on
the certification of the Public Printer in connection with special
studies of governmental printing, binding, and distribution practices
and procedures: Provided further, That during the period July 1, 1976,
through September 30, 1976, the revolving fund shall be available for
the hire of two passenger motor vehicles and the purchase of one
passenger motor vehicle.
For necessary expenses of the General Accounting Office, including
not to exceed $5,000 to be expended on the certification of the
Comptroller General of the United Sgtates in connection with special
studies of governmental financial practices and procedures; services as
authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem rate equivalent to the rate for grade GS-18; //5 USC 5332
note.// hire of one passenger motor vehicle; advance payments in
foreign countries notwithstanding section 3648, Revised Statutes, as
amended (31 U.S.C. 529); benefits comparable to those payable under
section 911(9), 911(11), and 942(a) of the Foreign Service Act of 1946,
as amended (22 U.S.C. 1136(9), 1136(11), and 1157(a), respectively);
and under regulations prescribed by the Comptroller General of the
United States, rental of living quarters in foreign countries and travel
benefits comparable with those which are now or hereafter may be granted
single employees of the Agency for International Development, including
single Foreign Service personnel assigned to A.I.D. projects, by the
Administrator of the Agency for International Development--, or his
designee--under the authority of section 636(b) of the Foreign
Assistance Act of 1961 (Public Law 87 - 195, 22 U.S.C. 2396(b)),
$135,930,000: Provided, That this appropriation and appropriations for
administrative expenses of any other department or agency which is a
member of the Joint Financial Management Improvement Program (JFMIP)
shall be available to finance an appropriate share of JFMIP costs as
determined by the JFMIP, including but not limited to the salary of the
Executive Secretary and secretarial support: Provided further, That
this appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of Forum costs
as determined by the Forum, including necessary travel expenses of
non-Federal participants. Payments hereunder to either the Forum or the
JFMIP may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $35,800,000, including not to exceed $1,250 to be
expended on the certification of the Comptroller General of the United
States in connection with special studies of governmental financial
practices and procedures.
For expenses of the Cost-Accounting Standards Board necessary to
carry out the provisions of section 719 of the Defense Production Act of
1950, as amended (Public Law 91 - 379, approved August 15, 1970), //50
USC app. 2168.// $1,635,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $410,000.
Sec. 1101. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergencfy assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration.
Sec. 1102. Whenever any office or position not specifically
established by the Legislative Pay Act of 1929 //46 Stat. 32.// is
appropriated for herein or whenever the rate of compensation or
designation of any position appropriated for herein is different from
that specifically established for such position by such Act, the rate of
compensation and the designation of the position, or either,
appropriated for or provided herein, shall be the permanent law with
respect thereto: Provided, That the provisions herein for the various
items of official expenses of Members, officers, and committees of the
Senate and House, and clerk hire for Senators and Members shall be the
permanent law with respect thereto.
Sec. 1103. 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, as amended, //40 USC 490.// for
space and services.
Sec. 1104. Section 105(b) of the Legislative Branch Appropriation
Act, 1961 (22 U.S.C. 276c-1), as amended, relating to reporting of
expenditures by members of groups or delegations to interparliamentary
groups, is amended by striking out the entire section and inserting in
lieu thereof the following:
" Each chairman or senior member of the House of Representatives and
Senate group or delegation of the United States group or delegation to
the Interparliamentary Union, the North Atlantic Assembly, the
Canada-United States Interparliamentary Group, the Mexico-United States
Interparliamentary Group, or any similar interparliamentary group of
which the United States is a member or participates, by whom or on whose
behalf local currencies owned by the United States are made available
and expended and/or expenditures are made from funds appropriated for
the expenses of such group or delegation, shall file with the chairman
of the Committee on Foreign Relations of the Senate in the case of the
group or delegation of the Senate, or with the chairman of the Committee
on International Relations of the House of Representatives in the case
of the group or delegation of the House, an itemized report showing all
such expenditures made by or on behalf of each Member or employee of the
group or delegation together with the purpose of the expenditure,
including per diem (lodging and meals), transportation, and other
purposes. Within sixty days after the beginning of each regular session
of Congress, the chairman of the Committee on Foreign Relations and the
chairman of the Committee on International Relations shall prepare
consolidated reports showing with respect to each such group or
delegation the total amount expended, the purposes of the expenditures,
the amount expended for each such purpose, the names of the Members or
employees by or on behalf of whom the expenditures were made and the
amount expended by or on behalf of each Member or employee for each such
purpose. The consolidated reports prepared by the chairman of the
Committee on Foreign Relations of the Senate shall be filed with the
Secretary of the Senate, and the consolidated reports prepared by the
chairman of the Committee on International Relations of the House shall
be filed with the Committee on House Administration of the House and
shall be open to public inspection.".
Sec. 1105. Section 502(b) of the Mutual Security Act of 1954 (22 U.
S.C. 1754(b)), relating to the use of foreign currency, is amended by
striking out the last two sentences and inserting in lieu thereof the
following:
" Within the first sixty days that Congress is in session in each
calendar year, the chairman of such committee shall prepare a
consolidated report itemizing the amounts and dollar equivalent values
of each such foreign currency expended and the amounts of dollar
expenditures from appropriated funds in connection with travel outside
the United States, together with the purposes of the expenditure,
including per diem (lodging and meals), transportation and other
purposes, and showing the total itemized expenditures during the
preceding calendar year of the committee, and of each member or employee
of such committee, and shall forward such consolidated report to the
Committee on House Administration of the House of Representatives (if
the committee be a committee of the House of Representatives or a joint
committee whose funds are disbursed by the Clerk of the House) or to the
Secretary of the Senate (if the committee be a Senate committee or joint
committee whose funds are disbursed by the Secretary of the Senate), and
shall be open to public inspection.".
Sec. 1106. Section 106 of the Legislative Branch Appropriation Act,
1975 //88 Stat. 444.// is repealed.
Sec. 1108. Section 638a of thtle 31 of the United States Code //31
USC 638a-1.// shall hereafter not be construed as applying to the
purchase, maintenance, and repair of passenger motor behicles by the
United States Capitol Police.
Sec. 1109. 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.
1784.//
Sec. 1110. Notwithstanding any other provision of law, none of the
funds in this Act shall be used to pay Pages of the Senate and House of
Representatives at a gross annual maximum rate of compensation in excess
of that in effect on June 30, 1975.
Sec. 1111. The Architect of the Capitol shall study and submit his
recommendations to the Congress within 3 months, a plan to reduce by at
least 50 percent the number of persons operating automatic elevators
within the Capitol complex.
This Act may be cited as the " Legislative Branch Appropriation Act,
1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 208 (Comm. on Appropriations) and No. 94 -
370 (Comm. of Conference).
SENATE REPORT No. 94 - 262 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 21, considered and passed House.
July 9, considered and passed Senate, amended.
July 22, House and Senate agreed to conference report.
Public Law 94-58, 89 Stat 266, Offshore Shrimp Fisheries Act
Amendments of 1975.
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 " Offshore Shrimp Fisheries
Act Amendments of 1975". //16 USC 1100b note.//
Sec. 2. Section 13 of the Offshore Shrimp Fisheries Act of 1973 (16
U.S.C. 1100b note) (hereinafter in this Act referred to as the " Act")
is amended by striking out " June 15, 1975" and inserting in lieu
thereof " September 30, 1977".
Sec. 3. (a) Section 2 (a) of the Act (16 U.S.C. 1100b (a)) is amended
by striking out " May 9, 1972" and inserting in lieu thereof " March 14,
1975".
(b) (1) The first sentence of section 3(a) of the Act (16 U.S.C.
1100b-1(a)) is amended by inserting immediately before the period at the
end thereof the following: ": Provided further, That no more than two
hundred vessels with permits shall be authorized to fish in any quarter
of 1975 beginning March 1 and ending February 29, 1976, and no more than
one hundred and seventy-five vessels with permits shall be authorized to
fish in any quarter of 1976 beginning March 1 and ending February 28,
1977, or such other number or period as may be specified in the treaty
from time to time".
(2) Section 3 (f) of the Act (16 U.S.C. 1100b-1(f)) is amended--,
(A) by striking out "for any year other than 1973";
(B) by striking out "$615" the first place it appears therein
and inserting in lieu thereof "$1,115"; and
(C) by striking out the second sentence thereof.
(c) (1) Section 4(d) (1) of the Act (16 U.S.C. 1100b-2(d) (1)) is
amended by inserting immediately after "issued" the following: "after
March 14, 1975".
(2) The first sentence of section 4(d)(2) of the Act (16 U.S.C.
1100b-2(d)(2)) is amended--,
(A) by inserting "under permits" immediately after "fishing";
and
(B) by striking out "during the last five years" and inserting
in lieu thereof ", after May 9, 1972".
(3) The second sentence of section 4(d)(2) of the Act (16 U.S.C.
1100b-2(d)(2)) is amended--,
(A) by striking out "of this Act" the first place it appears
therein and inserting in lieu thereof the following: "described
in section 4(b) of the Offshore Shrimp Fisheries Act Amendments of
1975";
(B) by striking out " May 9, 1972" and inserting in lieu
thereof " March 14, 1975";
(C) by striking out "the effective date of this Act" the second
place it appears therein and inserting in lieu thereof the
following: "such effective date";
(D) by inserting "section" immediately before "8(a)(5)" the
second place it appears therein;
(E) by inserting immediately after "fishing gear" the
following:", fishing vessels and fishing methods,"; and
(F) by striking out ", if the Act had been in effect during
such period".
(d) Section 5 of the Act (16 U.S.C. 1100b-3) is amended--,
(1) by striking out " May 9, 1972" and inserting in lieu
thereof " March 14, 1975"; and
(2) by striking out "$700" and inserting in lieu thereof
"$1,215".
(e) Section 6(a) of the Act (16 U.S.C. 1100b-4(a)) is amended by
adding at the end thereof the following new sentence: " Any funds
remaining in the fund shall remain available for expenditure under this
Act.".
(f)(1) Section 8(a) of the Act (16 U.S.C. 1100b-6(a)) is amended--,
(A) by striking out "master" and inserting in lieu thereof
"vessel owner, master,";
(B) by striking out the period at the end of paragraph (5)
thereof and inserting in lieu thereof a semicolon; and
(C) by adding at the end thereof the following new
paragraph:
"(6) engage in fishing in the area of agreement contrary to
regulations establishing a procedure for limiting the number of
vessels with permits which may be authorized to fish during any
period in 1975 or 1976 as specified in section 3(a).".
(2) Section 8(a)(4) of the Act (16 U.S.C. 1100b--6(a)(4)) is amended
by inserting immediately after "one hundred and sixty" the following:
"in 1975 and one hundred and twenty in 1976".
(3) Section 8(b) of the Act (16 U.S.C. 1100b--6(b)) is amended by
striking out "master" and inserting in lieu thereof "vessel owner,
master,".
(g)(1) Section 9(a) of the Act (16 U.S.C. 1100b-7(a)) is amended by
inserting immediately after "section 8 hereof" the following:", or any
vessel owner whose vessel is involved in such violation,".
(2) Section 9(b) of the Act (16 U.S.C. 1100b-7(b)) is amended by
inserting immediately after "any proceeding" the following: "against
the master or other person in charge of the vessel".
(3) Section 9(c) of the Act (16 S.C. 1100b-7(b)) is amended by
striking out "section 8(a)(1)" and all that follows through "or
subsequent violation." and inserting in lieu thereof "section 8.".
Sec. 4. (a) Except as provided in subsection (b), the foregoing
provisions of this Act shall take effect on the date of the enactment of
this Act. //16 USC 1100b note.//
(b) The amendments made by subsections (a), (b), (c), (e), (f), and
(g) of section 3 shall take effect upon the entry into force of the
Agreement Between the Government of the Federative Republic of Brazil
and the Government of the United States of America Concerning Shrimp,
signed on March 14, 1975.
LEGISLATIVE HISTORY:
HOUSE REPORT: No. 94 - 216 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT: No. 94 - 270 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 19, considered and passed House.
July 11, considered and passed Senate.
Public Law 94-57, 89 Stat 265.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subsection
(b)(3) of section 3620 of the Revised Statutes (31 U.S.C. 492 (b)(3)) is
amended by striking out "(except the Senate and House of
Representatives)".
(b) With respect to the Senate, the amendment made by subsection (a)
shall take effect whenever the Secretary of the Senate determines the
feasibility of compliance with the amendment, but in no event, later
than July 1, 1976.
(c) With respect to the House of Representatives, the amendment made
by subsection (a) shall take effect whenever the Clerk of the House of
Representatives determines the feasibility of compliance with the
amendment, but in no event, later than July 1, 1976.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 16, considered and passed House.
July 7, considered and passed Senate, amended.
July 9, House concurred in Senate amendment.
Public Law 94-56, 89 Stat 263, Federal Railroad Safety Authorization
Act of 1975.
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 " Federal Railroad Safety Authorization Act of 1975".
Sec. 2. Section 211 (c) of the Federal Railroad Safety Act of 1970
(45 U.S.C. 440 (c)), //45 USC 440 note.// relating to a comprehensive
railroad safety report, is amended--,
(1) by striking out "and" at the end of paragraph (9); and
(2) by redesignating paragraph (10) as paragraph (11), and by
inserting immediately after paragraph (9) the following new
paragraph:
"(10) contain a description of the regulations and handling
criteria established by the Secretary under the Hazardous
Materials Transportation Act //49 USC 1801 note.// specifically
applicable to the transportation of radioactive materials by
railroad (as of June 30, 1975), together with annual projections
of the amounts of radioactive materials reasonably expected to be
transported by railroad during each fiscal year from 1976 through
1980 and an evaluation of the need for additional regulations and
handling criteria applicable to the transportation of radioactive
materials by railroad during each such fiscal year; and".
Sec. 3. 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 title not to exceed $35,000,000 for the fiscal year
ending June 30, 1976; and not to exceed $8,750,000 for the transition
period of July 1, 1976, through September 30, 1976 (hereafter in this
section referred to as the 'transition period').
"(b) Except as otherwise provided in subsection (c) of this section
amounts appropriated under subsection (a) of this section shall be
available for expenditure as follows:
"(1) For the Office of Safety, including salaries and expenses
for up to 500 safety inspectors and up to 110 clerical personnel,
not to exceed $18,000,000 for the fiscal year ending June 30,
1976; and not to exceed $4,500,000 for the transition period.
"(2) To carry out the provisions of section 206 (d) of this
title, //45 USC 435.// not to exceed $3,500,000 for the fiscal
year ending June 30, 1976; and not to exceed $875,000 for the
transition period.
"(3) For the Federal Railroad Administration, for salaries and
expenses not otherwise provided for, not to exceed $3,500,000 for
the fiscal year ending June 30, 1976; and not to exceed $875,000
for the transition period.
"(4) For conducting research and development activities under
this title, not to exceed $10,000,000 for the fiscal year ending
June 30, 1976; and not to exceed $2,500,000 for the transition
period.
"(c) The aggregate of the amounts obligated and expended for research
and development under this title in the fiscal year ending June 30,
1976, and in the transition period, 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 title in such fiscal year, and in the transition period,
respectively.".
Sec. 4. Section 115 of the Hazardous Materials Transportation Act (49
U.S.C. 1812) is amended to read as follows:
" Sec. 115. There are authorized to be appropriated to carry out the
provisions of this title not to exceed $7,000,000 for the fiscal year
ending June 30, 1976, and not to exceed $1,750,000 for the transition
period of July 1, 1976, through September 30, 1976.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 240 accompanying H.R. 5358 (Comm. on Interstate
and Foreign Commerce).
SENATE REPORT No. 94 - 136 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 16, considered and passed Senate.
June 23, considered and passed House, amended, in lieu of H.R.
5358.
July 8, Senate concurred in House amendment.
Public Law 94-55, 89 Stat 262, International Travel Act of 1961,
amendment; additional appropriations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of section 6 of the International Travel Act of 1961 (22 U.S.C. 2126) is
amended by striking out "and" immediately before "(3)" and by inserting
immediately before the period at the end thereof the following: "; (4)
$5,000,000 for the transition period of July 1, 1976, through September
30, 1976; (5) $25,000,000 for the fiscal year ending September 30,
1977; (6) $30,000,000 for the fiscal year ending September 30, 1978;
and (7) $30,000,000 for the fiscal year ending September 30, 1979".
Sec. 2. (a) Section 5 of the Act entitled " An Act to encourage
travel in the United States, and for other purposes", approved July 19,
1940 (16 U.S.C. 18d), is amended to read as follows:
" Sec. 5. For the purpose of carrying out the provisions of this Act,
there are authorized to be appropriated not to exceed $2,500,000 for the
fiscal year ending June 30, 1976; $625,000 for the transition period of
July 1, 1976, through September 30, 1976; $2,500,000 for the fiscal
year ending September 30, 1977, and $2,500,000 for the fiscal year
ending September 30, 1978.".
(b) The first section of such Act of July 19, 1940 (16 U.S.C.18) is
amended to read as follows: " That the Secretary of Commerce shall
encourage, promote, and develop travel within the United States,
including any Commonwealth, territory, and possession thereof, through
activities which are in the public interest and which do not compete
with activities of any State, city, or private agency.".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed Senate.
June 26, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 28:
July 9, Presidential statement.
Public Law 94-54, 89 Stat. 260.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That funds are hereby
authorized to be appropriated for fiscal year 1976 and for the
transition period of July 1-September 30, 1976, for the use of the Coast
Guard as follows:
For procurement of vessels:
For fiscal year 1976, $28,842,000;
For the transition period (July 1-September 30, 1976),
$1,561,000.
For procurement of aircraft:
For fiscal year 1976, $36,000,000;
For the transition period (July 1-September 30, 1976),
$11,700,000.
For construction of shore and offshore establishments:
For fiscal year 1976, $60,082,000;
For the transition period (July 1-September 30, 1976),
$2,841,000.
Sec. 2. (a) For fiscal year 1976, the Coast Guard is authorized an
end strength for active duty personnel of 37,916; except that the
ceiling shall not include members of the Ready Reserve called to active
duty under the authority of Public Law 92 - 479. //14 USC 764.//
(b) For the transition period (July 1-September 30, 1976), the Coast
Guard is authorized an end strength for active duty personnel of 38,005;
except that the ceiling shall not include members of the Ready Reserve
called to active duty under the authority of Public Law 92 - 479.
Sec. 3. (a) For fiscal year 1976, military training student loads
for the Coast Guard are authorized as follows:
(1) recruit and special training, 3,880 man-years;
(2) flight training, 92 man-years;
(3) professional training in military and civilian
institutions, 372 man-years; and
(4) officer acquisition training, 1,143 man-years.
(b) For the transition period (July 1-September 30, 1976), military
training student loads for the Coast Guard are authorized as follows:
(1) recruit and special training, 1,071 man-years;
(2) flight training, 23 man-years;
(3) professional training in military and civilian
institutions, 93 man-years; and
(4) officer acquisition training, 277 man-years.
Sec. 4. (a) For use of the Coast Guard for payment to bridge owners
for the cost of alterations of railroad bridges and public highway
bridges to permit free navigation of the navigable waters of the United
States, $6,600,000 is authorized for fiscal year 1976.
(b) For use of the Coast Guard for payment to bridge owners for the
cost of alterations of railroad bridges and public highway bridges to
permit free navigation of the navigable waters of the United States,
$2,050,000 is authorized for the transition period (July 1-September 30,
1976).
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 178 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 178 accompanying S. 1487 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 19, considered and passed House.
June 17, considered and passed Senate, amended, in lieu of S.
1487.
June 26, House concurred in Senate amendment.
Public Law 94-53, 89 Stat. 259.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, notwithstanding the rule
or custom pertaining to the display of the flag of the United States of
America between sunrise and sunset, as set forth in section 2(a) of 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", approved June 22, 1942 (36 U.S. C.
174(a)), the flag of the United States of America may be flown for
twenty-four hours of each day on the grounds of the National Memorial
Arch in Valley Forge State Park, Valley Forge, Pennsylvania. The flag
may not be flown pursuant to the authority contained in this Act during
the hours from sunset to sunrise unless it is illuminated. //36 USC 174
note.//
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 26, considered and passed Senate and House.
Public Law 94-52, 89 Stat. 258, Office of Environmental Quality,
Council on Environmental Quality, Appropriation Authorization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 205 of the
Environmental Quality Improvement Act of 1970 (42 U.S.C. 4374) is
amended to read as follows:
" Sec. 205. There are hereby authorized to be appropriated for the
operations of the Office of Environmental Quality and the Council on
Environmental Quality $2,000,000 for the fiscal year ending June 30,
1976, and not to exceed $500,000 for the transition period (July 1, 1976
to September 30, 1976). This authorization is in addition to those
contained in Public Law 91-190." //42 USC 4321 note.//
Sec. 2. Section 203 of the National Environmental Policy Act of 1969
(42 U.S.C. 4343) is amended by inserting "(a)" immediately before " The
Council" and by adding at the end thereof the following new subsection:
"(b) Notwithstanding section 3679(b) of the Revised Statutes (31 U.
S.C. 665(b)), the Council may accept and employ voluntary and
uncompensated services in furtherance of the purposes of the Council.".
Sec. 3. Title II of the National Environmental Policy Act of 1969
(42 U.S.C. 4341 et seq.) is amended by redesignating section 207 as
section 209, and by inserting immediately after section 206 //42 USC
4347, 4346.// the following new sections:
" Sec. 207. //42 USC 4346a.// The Council may accept reimbursements
from any private nonprofit organization or from any department, agency,
or instrumentality of the Federal Government, any State, or local
government, for the reasonable travel expenses incurred by an officer or
employee of the Council in connection with his attendance at any
conference, seminar, or similar meeting conducted for the benefit of the
Council.
" Sec. 208. //42 USC 4346b.// The Council may make expenditures in
support of its international activities, including expenditures for:
(1) international travel; (2) activities in implementation of
international agreements; and (3) the support of international exchange
programs in the United States and in foreign countries.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 223 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 209 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 19, considered and passed House.
June 21, considered and passed Senate.
Public Law 94-51, 89 Stat. 257, Federal Insecticide, Fungicide, and
Rodenticide Act, Extension.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 27 of the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.
C. 136(y)) is amended by adding at the end of such section the
following: " There is hereby authorized to be appropriated to carry out
the provisions of this Act for the period beginning July 1, 1975, and
ending September 30, 1975, the sum of $11,967,000.". //7 USC 136y.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 290 (Comm. on Agriculture).
SENATE REPORT No. 94 - 212 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 17, considered and passed House.
June 24, considered and passed Senate.
Public Law 94-50, 89 Stat. 249, Emergency Housing Act of 1975.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. That this Act may be cited as the "emergency Housing Act
of 1975". //12 USC 2701 note.//
Sec. 101. This title may be cited as the " Emergency Homeowners'
Relief Act". //12 USC 2701 note.//
Sec. 102. //12 USC 2701.// (a) The Congress finds that--,
(1) the Nation is in a severe recession and that the sharp
downturn in economic activity has driven large numbers of workers
into unemployment and has reduced the incomes of many others;
(2) as a result of these adverse economic conditions the
capacity of many homeowners to continue to make mortgage payments
has deteriorated and may further deteriorate in the months ahead,
leading to the possibility of widespread mortgage foreclosures and
distress sales of homes; and
(3) many of these homeowners could retain their homes with
temporary financial assistance until economic conditions improve.
(b) It is the purpose of this title to provide a standby authority
which will prevent widespread mortgage foreclosures and distress sales
of homes resulting from the temporary loss of employment and income
through a program of emergency loans and advances and emergency mortgage
relief payments to homeowners to defray mortgage expenses.
Sec. 103. //12 USC 2702.// No assistance shall be extended with
respect to any mortgage under this title unless--,
(1) the holder of the mortgage has indicated to the mortgagor
its intention to foreclose;
(2) the mortgagor and holder of the mortgage have indicated in
writing to the Secretary of Housing and Urban Development
(hereinafter referred to as the " Secretary") and to any agency or
department of the Federal Government responsible for the
regulation of the holder that circumstances (such as the volume of
delinquent loans in its portfolio) make it probable that there
will be a foreclosure and that the mortgagor is in need of
emergency mortgage relief as authorized by this title, except that
such statement by the holder of the mortgage may be waived by the
Secretary if in his judgment such waiver would further the
purposes of this title;
(3) payments under the mortgage have been delinquent for at
least three months;
(4) the mortgagor has incurred a substantial reduction in
income as a result of involuntary unemployment or underemployment
due to adverse economic conditions and is financially unable to
make full mortgage payments;
(5) there is a reasonable prospect that the mortgagor will be
able to make the adjustments necessary for a full resumption of
mortgage payments; and
(6) the mortgaged property is the principal residence of the
mortgagor.
Sec. 104. //12 USC 2703.// (a) Assistance under this title with
respect to a mortgage which meets the requirements of section 103 may be
provided in the form of emergency mortgage relief loans and advances of
credit insured pursuant to section 105 or in the form of emergency
mortgage relief payments made by the Secretary pursuant to section 106.
(b) Assistance under this title on behalf of a homeowner may be made
available in an amount up to the amount of the principal, interest,
taxes, ground rents, hazard insurance, and mortgage insurance premiums
due under the homeowner's mortgage, but such assistance shall not exceed
the lesser of $250 per month or the amount determined homeowner is
capable of contributing toward such mortgage payment.
(c) Monthly payments may be provided under this title either with the
proceeds of an insured loan or advance of credit or with emergency
mortgage relief payments for up to twelve months, and, in accordance
with criteria prescribed by the Secretary, such monthly payments may be
extended once for up to twelve additional months. A mortgagor receiving
the benefit of mortgage relief assistance pursuant to this title shall
be required, in accordance with criteria prescribed by the Secretary, to
report any increase in income which will permit a reduction or
termination of such assistance during this period.
(d) Emergency loans or advances of credit made and insured under
section 105, and emergency mortgage relief payments made under section
106, shall be repayable by the homeowner upon such terms and conditions
as the Secretary shall prescribe, except that interest on a loan or
advance of credit insured under section 105 or emergency mortgage relief
payments made under section 106 shall not be charged at a rate which
exceeds the maximum interest rate applicable with respect to mortgages
insured pursuant to section 203(b) of the National Housing Act. //12
USC 1709.//
(e) The Secretary may provide for the deferral of the commencement of
the repayment of a loan or advance insured under section 105 or
emergency mortgage relief payments made under section 106 until one year
following the date of the last disbursement of the proceeds of the loan
or advance or payments or for such longer period as the Secretary
determines would further the purpose of this title. The Secretary shall
by regulation require such security for the repayment of insured loans
or advances of credit or emergency mortgage relief payments as he deems
appropriate and may require that such repayment be secured by a lien on
the mortgaged property.
Sec. 105. //12 USC 2704.// (a) The Secretary is authorized, upon
such terms and conditions as the Secretary may prescribe, to insure
banks, trust companies, finance companies, mortgage companies, savings
and loan associations, insurance companies, credit unions, and such
other financial institutions, which the Secretary finds to be qualified
by experience and facilities and approves as eligible for insurance,
against losses which they may sustain as a result of emergency loans or
advances of credit made in accordance with the provisions of section 104
and this section with respect to mortgages eligible for assistance under
this title.
(b) In no case shall the insurance granted by the Secretary under
this section to any financial institution on loans and advances made by
such financial institution for the purposes of this title exceed 40 per
centum of the total amount of such loans and advances made by the
institution, except that, with respect to any individual loan or advance
of credit, the amount of any claim for loss on such individual loan or
advance of credit paid by the Secretary under the provision of this
section shall not exceed 90 per centum of such loss.
(c) The Secretary is authorized to fix a premium charge or charges
for the insurance granted under this section, but in the case of any
loan or advance of credit, such charge or charges shall not exceed an
amount equivalent to one-half of 1 per centum per annum of the principal
obligation of such loan or advance of credit outstanding at any time.
(d) The Secretary is authorized and empowered to waive compliance
with any rule or regulation prescribed by the Secretary for the purposes
of this section if, in the Secretary's judgment, the enforcement of such
rule or regulation would impose an injustice upon an insured lending
institution which has substantially complied with such regulations in
good faith. Any payment for loss made to an insured financial
institution under this section shall be final and incontestable after
two years from the date the claim was certified for payment by the
Secretary, in the absence of fraud or misrepresentation on the part of
such institution unless a demand for repurchase of the obligation shall
have been made on behalf of the United States prior to the expiration of
such two-year period. The Secretary is authorized to transfer to any
financial institution approved for insurance under this title any
insurance in connection with any loan which may be sold to it by another
insured financial institution.
(e) The aggregate amount of loans and advances insured under this
section shall not exceed $1,500,000,000 at any one time.
Sec. 106. //12 USC 2705.// (a) In the case of any mortgagee which
would otherwise be eligible to participate in the program authorized
under section 105 but does not qualify for an advance or advances as
authorized by section 113 of this title or under section 10, 10b, or 11
of the Federal Home Loan Bank Act //12 USC 1430, 1430b, 1431.// or
otherwise elects not to participate in the program authorized under
section 105, the Secretary is authorized to make repayable emergency
mortgage relief payments directly to such mortgagee on behalf of
homeowners whose mortgages are held by such financial institution and
who are delinquent in their mortgage payments.
(b) Emergency mortgage relief payments shall be made under this
section only with respect to a mortgage which meets the requirements of
section 103 and only on such terms and conditions as the Secretary may
prescribe, subject to the provisions of section 104.
(c) The Secretary may make such delegations and accept such
certifications with respect to the proceessing of mortgage relief
payments provided under this section as he deems appropriate to
facilitate the prompt and efficient implementation of the assistance
authorized under this section.
Sec. 107. //12 USC 2706.// (a) (1) To carry out the purposes of this
title, the Secretary is authorized to establish in the Treasury of the
United States an Emergency Homeowners' Relief Fund (hereinafter in this
title referred to as the "fund") which shall be available to the
Secretary without fiscal year limitation--,
(A) for making payments in connection with defaulted loans or
advances of credit insured under section 105 of this title;
(B) for making emergency mortgage relief payments under section
106 of this title;
(C) to pay such administrative expenses (or portion of such
expenses) of carrying out the provisions of this title as the
Secretary may deem necessary.
(2) The fund shall be credited with--,
(A) all amounts received by the Secretary as premium charges
for insurance or as repayment for emergency mortgage relief
payments under this title and all receipts, earnings, collections,
or proceeds derived from any claim or other assets acquired by the
Secretary under this Act; and
(B) such amounts as may be appropriated for the purposes of
this title.
Sec. 108. //12 USC 2707.// (a) The Secretary is authorized to make
such rules and regulations as may be necessary to carry out the
provisions of this title.
(b) Notwithstanding any other provision of law relating to the
acquisition, handling, improvement, or disposal of real or other
property by the United States, the Secretary shall have power, for the
protection of the interest of the fund authorized under this title, to
pay out of such fund all expenses or charges in connection with the
acquisition, handling, improvement, or disposal of any property, real or
personal, acquired by the Secretary as a result of recoveries under
security, subrogation, or other rights.
(c) In the performance of, with respect to, the functions, powers,
and duties vested in the Secretary by this title, the Secretary shall--,
(1) have the power, notwithstanding any other provision of law,
whether before or after default, to provide by contract or
otherwise for the extinguishment upon default of any redemption,
equitable, legal, or other right, title in any mortgage, deed,
trust, or other instrument held by or held on behalf of the
Secretary under the provisions of this title; and
(2) have the power to foreclose on any property or commence any
action to protect or enforce any right conferred upon the
Secretary by law, contract, or other agreement, and bid for and
purchase at any foreclosure or other sale any property in
connection with which assistance has been provided pursuant to
this title. In the event of any such acquisition, the Secretary
may, notwithstanding any other provision of law relating to the
acquisition, handling, or disposal of real property by the United
States, complete, remodel and convert, dispose of, lease, and
otherwise deal with, such property. Notwithstanding any other
provision of law, the Secretary also shall have power to pursue to
final collection by way of compromise or otherwise all claims
acquired by him in connection with any security, subrogation, or
other rights obtained by him in administering this title.
Sec. 109. //12 USC 2708.// (a) There are authorized to be
approprited for purposes of this title such sums as may be necessary,
except that the funds authorized to be appropriated for section 106
shall not exceed $500,000,000. Any amounts so appropriated shall remain
available until expended.
(b) No loans or advance of credit shall be insured and no emergency
mortgage relief payments made under this title after June 30, 1976,
except if such loan or advance or such payments are made with respect to
a mortgagor receiving the benefit of a loan or advance insured, or
emergency mortgage relief payments made, under this title on such date.
Sec. 110. //12 USC 2709.// (a) Until one year from the date of
enactment of this title, each Federal supervisory agency with respect to
financial institutions subject to its jurisdiction, and the Secretary,
with respect to other approved mortgagees, shall (1) take appropriate
action, not inconsistent with laws relating to the safety or soundless
of such institutions or mortgagee, as the case may be, to waive or relax
limitations pertaining to the operations of such institutions or
mortgagees with respect to mortgage delinquencies in order to cause or
encourage forevearance in residential mortgage loan foreclosures, and
(2) request each such institution or mortgagee to notify that Federal
supervisory agency, the Secretary, and the mortgagor, at least thirty
days prior to instituting foreclosure proceedings in connection with any
mortgage loan. As used in this title the term " Federal supervisory
agency" means the Board of Governors of the Federal Reserve System, the
Board of Directors of the Federal Deposit Insurance Corporation, the
Comptroller of the Currency, the Federal Home Loan Bank Board, the
Federal Savings and Loan Insurance Corporation, and the National Credit
Union Administration.
Sec. 111. //12 USC 2710.// Within sixty days after enactment of this
title and within each sixty-day period thereafter prior to July 1, 1976,
the Secretary shall make a report to the Congress on (1) the current
rate of delinquencies and foreclosures in the housing market areas of
the country which should be of immediate concern if the purposes of this
title is to be achieved; (2) the extent of, and prospect for
continuance of, voluntary forebearance by mortgagees in such housing
market areas; (3) actions being taken by governmental agencies to
encourage forebearance by mortgagees in such housing market areas; (4)
actions taken and actions likely to be taken with respect to making
assistance under this title available to alleviate hardships resulting
from any serious rates of delinquencies and foreclosures; and (5) the
current default status and projected default trends with respect to
mortgages covering multifamily properties with special attention to
mortgages insured under the various provisions of the National Housing
Act //12 USC 1701.// and with recommendations on how such defaults and
prospective defaults may be cured or avoided in a manner which, while
giving weight to the financial interests of the United States, takes
into full consideration the urgent needs of the many low-and
moderate-income families that currently occupy such multifamily
properties.
Sec. 112. //12 USC 2711.// Notwithstanding any provision of law
which limits the nature, amount, term, form, or rate of interst, or the
nature, amount, or form of security of loans or advances of credit,
loans, or advances of credit may be made in accordance with the
provisions of this title without regard to such provision of law.
Sec. 113. //12 USC 2712.// Notwithstanding any other provision of
law, the Federal Deposit Insurance Corporation is authorized, upon such
terms and conditions as the Corporation may prescribe, to make such
advances to any insured bank as the Corporation determines may be
necessary or appropriate to facilitate participation by such bank in the
program authorized by this title. For the purpose of obtaining such
funds as it determines are necessary for such advances, the Corporation
may borrow from the Treasury as authorized in section 14 of the Federal
Deposit Insurance Act (12 U.S.C. 1824; 64 Stat. 890), and the Secretary
of the Treasury is authorized and directed to make loans to the
Corporation for such purpose in the same manner as loans may be made for
insurance purposes under such section, subject to the maximum limitation
on outstanding aggregate loans there provided.
Sec. 201. Section 313(a)(1) of the National Housing Act //12 USC
1723e.// is amended by inserting "or other economic conditions"
immediately after "governmental actions".
Sec. 202. Section 313(b)(C) of the National Housing Act is amended
to read as follows:
"(C) such mortgage involves an interest rate not in excess of
that which the Secretary may prescribe, taking into account the
cost of funds and administrative costs under this section, but in
no event shall such rate exceed the lesser of (i) 7 1/2 per centum
per annum, or (ii) the rate set by the Secretary applicable to
mortgages insured under section 203(b) of the National Housing
Act, //12 USC 1709.// and no State or local usury law or
comparable law establishing interest rates or prohibiting or
limiting the collection or amount of discount points or other
charges in connection with mortgage transactions or any State law
prohibiting the coverage of mortgage insurance required by the
Association shall apply to transactions under this section;".
Sec. 203. Section 313(d)(1) of the National Housing Act is
amended--,
(1) by striking out "purchased" in the first sentence and
inserting "eligible for purchase" in lieu thereof; and
(2) by inserting after the first sentence the following: "
Such securities shall bear interest at a rate equal to the rate on
the underlying mortgages less an allowance for servicing and other
expenses as approved by the Association.".
Sec. 204. Section 313(d)(2) of the National Housing Act //12 USC
1723e.// is amended by striking out the first sentence and inserting in
lieu thereof the following: " The Association may offer and sell any
mortgages purchased or securities guaranteed under this section to the
Federal Financing Bank, and such Bank is authorized and directed to
purchase any such mortgages or securities offered by the Association.".
Sec. 205. Section 313 of the National Housing Act is amended by
adding the following new subsection at the end thereof:
"(h) Notwithstanding the provisions of subsection (b), the
Association may make commitments to purchase and purchase, and may
service, sell (with or without recourse), or otherwise deal in, a
mortgage which covers more than four-family residences (including
residences in a cooperative or condominium), or a single-family unit in
a condominium, and which is not insured under the National Housing Act
//12 USC 1701.// or guaranteed under chapter 37 of title 38, United
States Code, //38 USC 1801.// if--,
"(1) in the case of a project mortgage, the principal
obligation of the mortgage does not exceed, for that part of the
property attributable to dwelling use, the lesser of (A) the per
unit amount specified in subsection (b)(B), or (B) the per unit
limitations specified in section 207 of this Act //12 USC 1713.//
in the case of a rental project or section 213 of this Act //12
USC 1715e.// in a case of a cooperative project, or section 234
//12 USC 1715y.// in the case of a condominium project;
"(2) in the case of a mortgage covering a housing project, the
outstanding principal balance of the mortgage does not exceed 75
per centum of the value of the property securing such mortgage or
is insured by a qualified private insurer or public benefit
corporation created by the State which acts as an insurer as
determined by the Association;
"(3) in the case of a mortgage covering an individual
condominium unit, the mortgage is insured by a qualified private
insurer or public benefit corporation created by the State which
acts as an insurer as determined by the Association or has an
outstanding principal balance which does not exceed 80 per centum
of the value of the property securing the mortgage;
"(4) the mortgage is not being used to finance the conversion
of an existing rental housing project into a condominium project
or to finance the purchase of an individual unit in a condominium
project in connection with the conversion of such project from
rental to condominium form of ownership; and
"(5) the mortgage meets the requirements of subsection (b)
except as modified by this subsection and any additional
requirements the Secretary may prescribe to protect the interest
of the United States or to protect consumers.".
Sec. 206. Section 313 (g) of the National Housing Act //12 USC
1723e.// is amended by adding the following at the end thereof: " Such
total amount shall be increased on or after the date of enactment of the
Emergency Housing Act of 1975, by such amount as is approved in an
appropriation Act, but not to exceed $10,000,000,000, and the
Association shall not issue obligations pursuant to this section
utilizing authority which is conferred by this sentence or which is
conferred by the first sentence of this subsection but uncommitted on
October 18, 1975, except as approved in appropriation Acts.".
Sec. 207. Section 3(b) of the Emergency Home Purchase Assistance Act
of 1974 //12 USC 1723e note.// is amended--,
(1) by striking out "for a period of one year folllowing such
date of enactment" and inserting in lieu thereof "until July 1,
1976"; and
(2) by striking out "the expiration of such period" each place
it appears and inserting in lieu thereof "such date".
Sec. 301. (a) Section 312(h) of the Housing Act of 1964 //42 USC
1452b.// is amended by striking out "one-year" and inserting in lieu
thereof "two-year".
(b) Section 312(d) of such Act is amended by inserting "ending prior
to July 1, 1975, and not to exceed $100,000,000 for the fiscal year
beginning on July 1, 1975," after "each fiscal year".
Sec. 302. Section 518(b) of the National Housing Act //12 USC
1735b.// is amended--,
(1) by striking out "one or two" and inserting in lieu thereof
"one, two, three, or four"; and
(2) by striking out "one year" the second time it appears in
clause (1) of the first sentence of such section and inserting in
lieu thereof "19 months".
Sec. 303. Section 202(b) of the Flood Disaster Protection Act of
1973 //42 USC 4106.// is amended by inserting before the period at the
end thereof a comma and the following: "except that the prohibition
contained in this sentence shall not apply to any loan made prior to
January 1, 1976, to finance the acquisition of a previously occupied
residential dwelling".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 124 (Comm. on Banking, Currency and Housing).
SENATE REPORT No. 94 - 78 accompanying S. 1457 (Comm. on Banking,
Housing and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 14, considered and passed House.
June 25, 26, considered and passed Senate, amended; House
concurred in Senate amendment with amendments.
June 27, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 27:
July 2, Presidential statement.
Public Law 94-49, 89 Stat. 248, Standard Reference Data Act,
appropriation authorization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is authorized
to be appropriated to the Department of Commerce not to exceed
$2,800,000 for fiscal year ending June 30, 1976; not to exceed $750,000
for the fiscal year transition period from July 1, 1976, through
September 30, 1976; not to exceed $3,000,000 for the fiscal year ending
September 30, 1977; and not to exceed $3,000,000 for the fiscal year
ending September 30, 1978, to carry out the purposes of the Standard
Reference Data Act (15 U.S.C. 290 - 290f; 82 Stat. 339).
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 62 (Comm. on Science and Technology).
SENATE REPORT No. 94 - 159 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 9, considered and passed House.
June 2, considered and passed Senate, amended.
June 20, House concurred in Senate amendment.
Public Law 94-48, 89 Stat. 247, Medicaid Assistance, Extention.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Section 1902(a) of the Social Security Act is amended by
adding at the end the following new paragraph:
" For purposes of paragraph (10) any individual who, for the month of
August 1972, was eligible for or receiving aid or assistance under a
State plan approved under title I, X, XIV, or XVI, or part A of title IV
//42 USC 301, 1201, 1351, 1381, 601.// and who for such month was
entitled to monthly insurance benefits under title II //42 USC 401.//
shall for purposes of this title only be deemed to be eligible for
financial aid or assistance for any month thereafter if such individual
would have been eligible for financial aid or assistance for such month
had the increase in monthly insurance benefits under title II resulting
from enactment of Public Law 92 - 336 //86 Stat. 406.// not been
applicable to such individual.".
Sec. 2. Section 1902(a) (23) of the Social Security Act is amended
by inserting after "(23)" the following: "except in the case of Puerto
Rico, the Virgin Islands, and Guam,".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 327 (Comm. on Foreign Commerce).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 26, considered and passed House.
June 27, considered and passed Senate.
Public Law 94-47, 89 Stat. 246.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That during the period
beginning on the date of the enactment of this Act and ending on
November 15, 1975, the public debt limit set forth in the first sentence
of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) //31 USC
757b note.// shall be temporarily increased by $177,000,000,000.
Sec. 2. Effective on the date of the enactment of this Act, the
first section of the Act of February 19, 1975, entitled " An Act to
increase the temporary debt limitation and to extend such temporary
limitation until June 30, 1975" (Public Law 94 - 3), //31 USC 757b
note.// is hereby repealed.
LEGISLATIVE HISTORY:
HOUSE REPORT no. 94 - 312 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed House. June 26, considered and
passed Senate.
Public Law 94-46, 88 Stat. 245.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) item 903.90 of
the Appendix to the Tariff Schedules of the United States (19 U.S.C.
1202) is amended by striking out "9/5/75" and inserting in lieu thereof
"6/30/78". //19 USC 1202 note.//
(b) The amendment made by subsection (a) shall apply with respect to
articles entered, or withdrawn from warehouse, for consumption after
September 5, 1975. Sec. 2. Section 101 (f) of Public Law 93 - 647 is
amended by striking " July 1, 1975" and inserting in lieu thereof "
August 1, 1975". //42 USC 651 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 297 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed House.
June 26, considered and passed Senate, amended; House
concurred in Senate amendment.
Public Law 94-45, 89 Stat. 236, Emergency Compensation and Special
Unemployment Assistance Extention Act of 1975.
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 " Emergency Compensation and
Special Unemployment Assistance Extension Act of 1975". //26 USC 3304
note.//
Unemployment
Rate is High
Sec. 101. (a) (1) Section 102 (c) (3) (B) (i) of the Emergency
Unemployment Compensation Act of 1974 //26 USC 3304 note.// is
amended--,
(A) by inserting "(I)" immediately after "if", and
(B) by inserting immediately before the period at the end
thereof the following: ", and (II) the rate of insured
unemployment in such State for the period consisting of such week
and the immediately preceding twelve weeks equaled or exceeded 5
per centum".
(2) Section 102 (c) (3) (B) (ii) of such Act is amended to read as
follows:
"(ii) For purposes of subparagraph (A), there is State 'emergency
off" indicator for a week if the rate of insured unemployment in such
State for the period consisting of such week and the immediately
preceding twelve weeks is less than 5 per centum.".
(b) Section 102 (e) of such Act is amended to read as follows:
"(e) (1) Any agreement under this Act with a State shall provide that
the State will establish, for each eligible individual who files an
application for emergency compensation, an emergency compensation
account.
"(2) Subject to the provisions of paragraph (3), the amount
established in such account for any individual shall be equal to the
lesser of--,
"(A) 100 per centum of the total amount of regular compensation
(including dependents' allowances) payable to him with respect to
the benefit year (as determined under the State law) on the basis
of which he most recently received regular compensation, or
"(B) twenty-six times his average weekly benefit amount (as
determined for purposes of section 202 (b) (1) (C) of the
Federal-State Extended Unemployment Compensation Act of 1970) //26
USC 3304 note.// for his benefit year.
"(3) Notwithstanding paragraph (2), the total amount of emergency
compensation payable to any individual for weeks of unemployment which
begin in a 5-per centum period (as defined in section 105 (5)) shall not
exceed the lesser of--,
"(A) 50 per centum of the total amount of regular compensation
(including dependents' allowances) payable to him with respect to
the benefit year (as determined under the State law) on the basis
of which he most recently received regular compensation, or
"(B) thirteen times his average weekly benefit amount (as
determined for purposes of section 202 (b) (1) (C) of the
Federal-State Extended Unemployment Compensation Act of 1970) //26
USC 3304 note.// for his benefit year.
"(4) The amounts determined under paragraphs (2) and (3) with respect
to any individual shall each be reduced by the amount of any assistance
paid to such individual under title II of the Emergency Jobs and
Unemployment Assistance Act of 1974 //26 USC 3304 note.// for any weeks
of unemployment in the 65-week period preceding the first week of
unemployment with respect to which compensation is payable to such
individual under this Act.".
(c) Section 102 (b) (2) of such Act //26 USC 3304 note.// is amended
to read as follows:
"(2) for any week of unemployment which--,
"(A) begins in--,
"(i) an emergency benefit period as defined in subsection (c)
(3)), and
"(ii) the individual's period of eligibility (as defined in
section 105 (2)); or
"(B) begins in an individual's additional eligibility period (as
defined in section 105 (4)).".
(d) Section 105 of such Act //26 USC 3304 note.// is amended--,
(1) in paragraph (2), by striking out "and" at the end thereof,
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof a semicolon, and
(3) by inserting after paragraph (3) the following new
paragraphs:
"(4) the term 'additional eligibility period' means the
thirteen-week period following the week in which an emergency
benefit period ends in a State, as determined under section 102
(c) (3); but no individual shall have an additional eligibility
period unless there was payable to him in such State, for the week
in which such emergency benefit period ended, either emergency
compensation under this Act or extended compensation under the
Federal-State Extended Unemployment Compensation Act of 1970;
"(5) the term '5-per centum period' means a period in a State
which begins with the third week after the first week in which the
rate of insured unemployment in the State for the period
consisting of such first week and the immediately preceding twelve
weeks is less than 6 per centum and which ends with the second
week after the first week in which the rate of insured
unemployment in the State for the period consisting of such first
week and the immediately preceding twelve weeks equals or exceeds
6 per centum; except that no 5-per centum period shall begin in
any State prior to the fourteenth week after the last week in a
preceding 5-per centum period in such State;
"(6) the term 'rate of insured unemployment' means the
percentage arrived at by dividing the average weekly number of
individuals filing claims for weeks of unemployemnt with respect
to the specified period (as determined on the basis of the reports
made by the State agency to the Secretary) by the average monthly
covered employment for the specified period;
"(7) the rate of insured unemployment for any thirteen-week
period shall be determined by reference to the average monthly
covered employment under the State law for the first four of the
most recent six calendar quarters ending before the close of such
period; and
"(8) determinations with respect to the rate of insured
unemployment in a State shall be made by the State agency in
accordance with regulations prescribed by the Secretary.".
(e) Section 102 (c) (3) (A) (ii) of such Act //26 USC 3304 note.// is
amended by inserting immediately before the period at the end thereof
the following: ", and no emergency benefit period which began prior to
January 1, 1976, shall end prior to such date".
(f) Section 102(e) (3) of such Act is amended by striking out " July
1, 1975" and inserting in lieu thereof " January 1, 1976".
(g) The amendments made by subsections (a) through (e) of this
section shall be effective with respect to weeks of compensation which
begin on or after January 1, 1976.
Sec. 102. (a) Section 102(f) (2) of the Emergency Unemployment
Compensation Act of 1974 is amended by striking out "after--" and all
that follows and inserting in lieu thereof "after March 31, 1977.".
(b) The last sentence of section 203 (e) (2) of the Federal-State
Extended Unemployment Compensation Act of 1970 //26 USC 3304 note.// is
amended by striking out " December 31, 1976" and inserting in lieu
thereof " March 31, 1977".
Sec. 103. (a) Section 102 of the Emergency Unemployment Compensation
Act of 1974 is amended by adding at the end thereof the following new
subsection:
"(g) Notwithstanding the preceding provisions of this section,
emergency compensation shall not be payable for any week to an approved
by the Secretary if--,
"(1) the State determines that there is a need for upgrading or
broadening such individual's occupational skills and a program
which is approved by the Secretary for such upgrading or
broadening is available within a reasonable distance and without
charge to the individual for tuition or fees, and
"(2) such individual is not an applicant to participate in such
a program.".
Sec. 104. The Secretary of Labor shall conduct a study and review of
the program established by the Emergency Unemployment Compensation Act
of 1974 //26 USC 3304 note.// and the program established under title II
of the Emergency Jobs and Unemployment Assistance Act of 1974 //26 USC
3304 note.// and shall submit to the Congress not later than January 1,
1977, a report on such study and review. //26 USC 3304 note.// Such
study and review shall include--,
(1) the employment, economic, and demographic characteristics
of individuals receiving benefits under either such program, (2)
the needs of the long-term unemployed for job counseling, testing,
referral and placement services, skill and apprenticeship
training, career-related education programs, and public service
employment opportunities, and
(3) an examination of all other benefits to which individuals
receiving benefits under either such program are eligible together
with an investigation of important factors affecting unemployment,
a comparison of the aggregate value of such other benefits plus
benefits received under either such program with the amount of
compensation received by such individuals in their most recent
position of employment.
Sec. 105. The Secretary of Labor shall, at the earliest practicable
date after the date of the enactment of this Act, //26 USC 3304 note.//
propose to each State with which he has in effect an agreement under
section 102 of the Emergency Unemployment Compensation Act of 1974 //26
USC 3304 note.// a modification of such agreement designed to provide
for the payment of the emergency compensation benefits allowable under
such Act by reason of the amendments made by this part. Notwithstanding
any provision of the Emergency Unemployment Compensation Act of 1974, if
any State fails or refuses, within the three-week period beginning on
the date of the enactment of this Act, to enter into such a modification
of such agreement, the Secretary of Labor shall terminate such
agreement.
Sec. 106. Section 102(e) of the Emergency Unemployment Compensation
Act of 1974 (as in effect on the day before the date of the enactment of
this Act) is amended, effective July 1, 1975, by adding at the end
thereof the following new paragraph:
"(4) The amount determined under paragraphs (2) and (3) with respect
to any individual shall each be reduced by the amount of any assistance
paid to such individual under title II of the Emergency Jobs and
Unemployment Assistance Act of 1974, //26 USC 3304 note.// for any weeks
of unemployment in the 65-week period preceding the first week of
unemployment with respect to which compensation is payable to such
individual under this Act.".
Sec. 110. (a) Section 3302(c) (3) of the Internal Revenue Code of
1954 //26 USC 3302.// is amended by adding at the end thereof the
following new sentence: " The provisions of the preceding sentence
shall not be applicable with respect to the taxable year beginning
January 1, 1975, or any succeeding taxable year which begins before
January 1, 1978; and, for purposes of such sentence, January 1, 1978,
shall be deemed to be the first January 1 occurring after January 1,
1974, and consecutive taxable years in the period commencing January 1,
1978, shall be determined as if the taxable year which begins on January
1, 1978, were the taxable year immediately succeeding the taxable year
which began on January 1, 1974.".
(b) (1) The amendment made by subsection (a) //26 USC 3302 note.//
shall not be applicable in the case of any State unless the Secretary of
Labor finds that such State has studied and taken appropriate action
with respect to the financing of its unemployment programs so as
substantially to accomplish the purpose of restoring the fiscal
soundness of the State's unemployment account in the Unemployment Trust
Fund and permitting the repayment within a reasonable time of any
advances made to such account under title XII of the Social Security
Act. //42 USC 1321.// For purposes of the preceding sentence,
appropriate action with respect to the financing of a State's
unemployment programs means an increase in the State's unemployment tax
rate, an increase in the State's unemployment tax base, a change in the
experience rating formulas, or a combination thereof.
(2) The Secretary of Labor shall promptly prescribe and publish in
the Federal Register regulations setting forth the criteria according to
which he will determine the requirements of the preceding paragraph.
(3) Immediately after he makes a determination with respect to any
State under paragraph (1), the Secretary of Labor shall publish such
determination, together with his reasons therefor, in the Federal
Register.
Sec. 201. (a) Section 206 of the Emergency Jobs and Unemployment
Assistance Act of 1974 //26 USC 3304 note.// is amended by striking out
so much of the first sentence as precedes " Provided, That" and
inserting in lieu thereof the following: " Except as provided by
subsection (b), the maximum amount of assistance under this title which
an eligible individual shall be entitled to receive during any special
unemployment assistance benefit year shall be 150 per centum of the
maximum amount that would have been payable to such individual during
such benefit year as computed under the provisions of the applicable
State unemployment compensation law, but not exceeding thirty-nine times
the weekly benefit payable to the individual for a week of total
unemployment as determined under subsection (a) of section 205:".
(b) Section 208 of such Act //26 USC 3304 note.// is amended--,
(1) by striking out " March 31, 1976" and inserting in lieu
thereof " March 31, 1977"; and
(2) by striking out " December 31, 1975" and inserting in lieu
thereof " December 31, 1976".
Sec. 202. Section 203 of the Emergency Jobs and Unemployment
Assistance Act of 1974 is amended by inserting "(a)" after " Sec. 203."
//26 USC 3304 note.// and by adding at the end thereof the following new
subsection:
"(b) An individual who performs services in an instructional,
research, or principal administrative capacity for an educational
institution or agency shall not be eligible to receive a payment of
assistance or a waiting period credit with respect to any week
commencing during the period between two successive academic years (or,
when the contract provides instead for a similar period between two
regular but not successive terms, during such similar period) if--,
"(1) such individual performed services in any such capacity
for any educational institution or agency in the first of such
academic years or terms; and
"(2) such individual has a contract to perform services in any
such capacity for any educational institution or agency for the
later of such academic years or terms.".
Sec. 203. (a) Section 210 of the Emergency Jobs and Unemployment
Assistance Act of 1974 //26 USC 3304 note.// is amended by adding at the
end thereof the following new section:
"(c) Employment and wages which are not covered by the State law may
be treated, under sections 203(a) (1), 205(a), and 206(a), //26 USC 3304
note.// as though they were covered only if the employment--,
"(1) is performed by an employee (as defined in section 3121
(d) of the Internal Revenue Code of 1954), //26 USC 3121.// and
"(2) constitutes employment as determined under section 3306
(c) of such Code without regard to paragraphs (1) through (9),
(10) (B) (ii), (14), (15), and (17) of such section.
For purposes of paragraph (2), section 3306 (c) of such Code shall be
applied as if the term ' United States' includes the Virgin Islands.".
(b) (1) Section 205 of such Act is amended--,
(A) by striking out the last sentence of subsection (b); and
(B) by adding at the end thereof the following new subsections:
"(c) If an individual knowingly has made, or caused to be made by
another, a false statement or representation of a material fact, or
knowingly has failed, or caused another to fail, to disclose a material
fact, and as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of assistance
under this title to which he was not entitled, such individual--,
"(1) shall be ineligible for further assistance under this
title in accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in connection with
a claim for unemployment compensation; and
"(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
"(d) (1) In the case of individuals who have received amounts of
assistance under this title to which they were not entitled, the State
is authorized to require such individuals to repay the amounts of such
assistance to the State agency, except that the State agency may waive
such repayment if it determines that--,
"(A) the payment of such assistance was without fault on the
part of any such individual, and
"(B) such repayment would be contrary to equity and good
conscience.
"(2) The State agency may recover the amount to be repaid, or any
part thereof, by deductions from any assistance payable under this title
or from any unemployment compensation payable to such individual under
any Federal unemployment compensation law administered by the State
agency or under any other Federal law administered by the State agency
which provides for the payment of any assistance or allowance with
respect to any week of unemployment, during the three-year period after
the date such individuals received the payment of the assistance to
which they were not entitled, except that no single deduction may exceed
50 per centum of the weekly benefit amount from which such deduction is
made.
"(3) No repayment shall be required, and no deduction shall be made,
until a determination has been made, notice thereof and an opportunity
for a fair hearing has been given to the individual, and the
determination has become final.
"(e) Any determination by a State agency under subsection (c) or (d)
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.".
(2) Section 210(a) of such Act is amended by striking out "and" at
the end of paragraph (3), by striking out the period at the end of
paragraph (4) and inserting in lieu thereof a semicolon, and by adding
at the end thereof the following new paragraphs:
"(5) ' State agency' means the agency of the State which
administers the program established by this title; and
"(6) 'special unemployment assistance benefit year' means the
fifty-two week period beginning with the first week for which an
individual files a valid claim for special unemployment
assistance.".
(c) Section 206 of such Act is amended by inserting "(a)" after "
Sec. 206." and by adding at the end thereof the following new
subsection:
"(b) In the case of any individual who files a claim for assistance
under this title during a benefit year which such individual has
established under any State unemployment compensation law, the maximum
amount of assistance under this title which such individual shall be
entitled to receive during the special unemployment assistance benefit
year established pursuant to such claim (as determined under subsection
(a) without regard to this subsection) shall be reduced by the amount of
any unemployment compensation received during the benefit year
established under the State unemployment compensation law.".
(d) Paragraph (4) of section 203(a) of such Act (as amended by
section 202 of this Act) is amended by striking out "subsection (b)" and
inserting in lieu thereof "paragraph (2)".
Sec. 204. (a) The Secretary of Labor shall, at the earliest
practicable date after the date of the enactment of this Act, //26 USC
3304 note.// propose to each State with which he has in effect an
agreement under section 202 of the Emergency Jobs and Unemployment
Assistance Act of 1974 //26 USC 3304 note.// a modification of such
agreement designed to provide for the payment of the special
unemployment assistance allowable under such Act by reason of the
amendments made by section 201. Notwithstanding any other provision of
law, if any State fails or refuses, within the three-week period
beginning on the date of the enactment of this Act, to enter into such a
modification of any such agreement the Secretary of Labor shall
terminate such agreement.
(b) Assistance shall be payable to individuals under agreements
entered into by States under title II of the Emergency Jobs and
Unemployment Assistance Act of 1974, //26 USC 3304 note.// by reason of
the amendments made by section 201 of this Act, for weeks of
unemployment beginning on or after July 1, 1975.
(c) The amendments made by section 202 and subsections (c) and (d) of
section 203 shall apply to weeks of unemployment beginning after the
date of the enactment of this Act.
(d) The amendment made by section 203(a) shall take effect on
December 31, 1974.
(e) The amendments made by subsections (b) and (e) of section 203
shall take effect on the date of the enactment of this Act.
Sec. 301. (a) The Secretary of Labor (hereinafter in section referred
to as the " Secretary") may make loans to the Virgin Islands in such
amounts as he determines to be necessary for the payment in any month of
compensation under the unemployment compensation law of the Virgin
Islands. //26 USC 3304 note.// A loan may be made under this subsection
for the payment of compensation in any month only if--,
(1) the Governor of the Virgin Islands submits an application
therefor no earlier than the first day of the preceding month;
and
(2) such application contains an estimate of the amount of the
loan which will be required by the Virgin Islands for the payment
of compensation in such month.
(b) For purposes of this section--,
(1) an application for loan under subsection (a) shall be made
on such forms and shall contain such information and data (fiscal
and otherwise) concerning the operation and adminstration of the
unemployment compensation law of the Virgin Islands as the
Secretary deems necessary or relevant to the performance of his
duties under this section;
(2) the amount required by the Virgin Islands for the payment
of compensation in any month shall be determined with due
allowance for contingencies and taking into account all other
amounts that will be available in the unemployment fund of the
Virgin Islands for the payment of compensation in such month; and
(3) the term "compensation" means cash benefits payable to
individuals with respect to their unemployment, exclusive of
expenses of administration.
(c) Any loan made under subsection (a) shall be repayable (without
interest) not later than January 1, 1978. If after January 1, 1978, any
portion of any such loan remains unpaid, the Virgin Islands shall pay
interest thereon, until the loan is paid in full, at a rate equal to the
rate of interest in effect under section 6621 of the Internal Revenue
Code of 1954. //26 USC 6621.// If at some future date the Federal
Unemployment Tax Act //26 USC 3311.// shall be made applicable to the
Virgin Islands, then, any amount of principal or interest due on any
such loan remaining unpaid on such date shall be treated, for purposes
of section 3302 (c) (3) of the Internal Revenue Code of 1954. //26 USC
3302.// as an advance made to the Virgin Islands under title XII of the
Social Security Act. //42 USC 1321.//
(d) No loan may be made under subsection (a) for any month beginning
after June 30, 1976. The aggregate of the loans which may be made under
subsection (a) shall not exceed $5,000,000.
(e) There are authorized to be appropriated from the general fund of
the Treasury such sums as may be necessary to carry out this section.
Sec. 302. Section 3302(c) (4) (A) of the Internal Revenue Code of
1954 is amended by striking out " July 1, 1975" and inserting in lieu
thereof " July 15, 1975".
Sec. 401. (a) Section 44 (e) of the Internal Revenue Code of 1954
(relating to property to which the credit for purchase of new principal
residence applies) is amended by striking out paragraph (4) and
inserting in lieu thereof the following:
"(4) Certification must be attached to return.--This section does not
apply to any residence (other than a residence constructed by the
taxpayer) unless there is attached to the return of tax on which the
credit is claimed a written certification (which may be in any form)
signed by the seller of such residence that--,
"(A) construction of the residence began before March 26, 1975,
and
"(B) the purchase price of the residence is the lowest price at
which the residence was offered for sale after February 28, 1975.
For purposes of this paragraph, a written certification filed by a
taxpayer is sufficient whether or not it is on a form prescribed by the
Secretary or his delegate so long as such certification is signed by the
seller and contains the information required under this paragraph.".
(b) Section 208(b) of the Tax Reduction Act of 1975 //26 USC 44
note.// (relating to suits to recover amounts of price increases) is
amended by striking out "ever offered for sale," each time it appears
therein and inserting in lieu thereof "offered for sale after February
28, 1975,".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 220 (Comm. on Ways and Means) and No. 94 -
328 (Comm. of Conference).
SENATE REPORT No. 94 - 200 (Comm. on Labor and Public Welfare)
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 21, considered and passed House.
June 20, considered and passed Senate, amended.
June 26, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTAIL DOCUMENTS, Vol. 11, No. 27:
June 30, Presidential statement.
Public Law 94-44, 89 Stat. 235.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1113(d) of
the Social Security Act //42 USC 1313.// is amended to read as follows:
"(d) The total amount of temporary assistance provided under this
section shall not exceed--,
"(1) $8,000,000 during the fiscal years ending June 30, 1975,
and June 30, 1976, and the succeeding calendar quarter, or
"(2) $300,000 during any fiscal year beginning on or after
October 1, 1976.".
Sec. 2. Section 1113(c) of the Social Security Act is amended by
striking out "for such period after their arrival as may be provided in
regulations of the Secretary" and inserting in lieu thereof the
following: "for such period after their arrival, not exceeding ninety
days, as may be provided in regulations of the Secretary; except that
assistance under this section may be furnished beyond such ninety-day
period in the case of any citizen or dependent upon a finding by the
Secretary that the circumstances involved necessitate or justify the
furnishing of assistance beyond such period in that particular case".
Sec. 3. (a) Section 8(a) (1) of Public Law 93 - 233, //87 stat. 956,
7 USC 2012 note.// as amended, is amended by striking out "18-month
period", where it appears in the matter preceding the colon and in the
new sentence added by such section, and inserting in lieu thereof in
each instance "30-month period".
(b) Subsections (a) (2), (b) (1), (b)(2), (b) (3), and (e) of section
8 of such public law, as amended, //7 USC 612c note, 1431 note, 612c
note, 42 USC 1382e note.// are each amended by striking out "18-month
period" and inserting in lieu thereof "30-month period".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 209 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 176 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 20, considered and passed House.
June 6, considered and passed Senate, amended.
June 20, House concurred in Senate amendments.
Public Law 94-43, 89 Stat. 233, Emergency Technical Provisions Act.
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 Technical Provisions Act". //42 USC 2756
note.//
Sec. 2. Section 446 of the Higher Education Act of 1965 //42 usc
2756.// is amended by inserting "(a)" after " Sec. 446." and by adding
the following new subsection at the end thereof:
"(b) Sums granted to an eligible institution under this part for any
fiscal year which are not needed by that institution to operate
work-study programs during the period for which such funds are available
shall remain available to the Commissioner for making grants under
section 443 //42 usc 2753.// to other institutions in the same State
until the close of the fiscal year next succeeding the fiscal year for
which such funds were appropriated."
Sec. 3 Section 716(b) of the Emergency School Aid Act //20 USC
1615.// is amended by striking out " July 1, 1975" and inserting in lieu
thereof " September 30,1976".
Sec. 4. Funds appropriated for making payments of basic educational
opportunity grants, during fiscal year 1975, //20 USC 1070a note.//
under subpart 1 of part A of title IV of the Higher Education Act of
1965 //20 USC 1070a.// to eligible students in accordance with the
payment schedule in effect under section 411(b) for fiscal year 1975
which are in excess of the amount paid under such section prior to the
end of such fiscal year shall remain available for payments under such
section during fiscal year 1976.
Sec. 5. (a) The amendment made by the provisions of section 2 of this
Act shall be effective with respect to appropriations for fiscal years
beginning after June 30, 1974. //42 USC 2756 note.//
(b) Subsections (b) and (d) of section 431 of the General Education
Provisions Act //20 USC 1232.// Shall not operate to delay the
effectiveness of regulations issued by the Commissioner of Education to
implement the provisions of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 55 (Comm. on Education and Labor) and No.
94 - 278 (Comm. of Conference).
SENATE REPORT No. 94 - 141 (Comm. on Labor and Public Welfare).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Mar. 18, considered and passed House.
May 20, considered and passed Senate, amended.
June 10, Senate agreed to conference report.
June 16, House agreed to conference report.
Public Law 94-42, 89 Stat. 232.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first sentence of
section 717 (a) of the Defense Production Act of 1950 //50 USC app.
2166.// is amended by striking out " June 30, 1975" and inserting in
lieu thereof " September 30, 1975".
Sec. 2. Subsection (j) of Public Law 93 - 311 //15 USC 1026//. is
amended by adding at the end thereof the following new sentence: " In
addition, there are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section during the period
from July 1, 1975, through September 30, 1975.".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 10, considered and passed Senate.
June 17, considered and passed House.
Public Law 94-41, 89 Stat. 225.
Resolved 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, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments agencies, corporations,
and other organizational units of the Government for the fiscal year
1976, namely:
Sec. 101. (a)(1) Such amounts as may be necessary for continuing
projects or activities (not otherwise specifically provided for in this
joint resolution) which were conducted in the fiscal year 1975 and for
which appropriations, funds, or other authority would be available in
the following appropriation Acts for the fiscal year 1976:
Education Division and Related Agencies Appropriations Act;
Department of Housing and Urban Development-Independent
Agencies Appropriation Act, including the limitation on aggregate
loans that may be made under section 202 of the Housing Act of
1959, as amended; //12 USC 1701q.//
Departments of Labor, and Health, Education, and Welfare, and
Related Agencies Appropriation Act;
Legislative Branch Appropriation Act;
Public Works for Water and Power Development and Energy
Research Appropriation Act; and
Departments of State, Justice, and Commerce, the Judiciary, and
Related Agencies Appropriation Act, notwithstanding section 15(a)
of the Act entitled, " An Act to provide certain basic authority
for the Department of State", approved August 1, 1956, as amended,
//22 USC 2680.// and section 701 of the United States Information
and Educational Exchange Act of 1948, as amended. //22 USC
1476.//
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriation Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed by the House as of July 1, 1975, is different from that which
would be available or granted under such Act as passed by the Senate as
of July 1, 1975, the pertinent project or activity shall be continued
under the lesser amount or the more restrictive authority: Provided,
That no provision in any appropriation Act for the fiscal year 1976,
which makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or other
legislation, shall be effective before the date set forth in section
102(c) of this joint resolution.
(4) Whenever an Act listed in this subsection has been passed by only
one House as of July 1, 1975, or where an item is included in only one
version of an Act as passed by both Houses as of July 1, 1975, the
pertinent project or activity shall be continued under the
appropriation, fund, or authority granted by the one House, but at a
rate for operations not exceeding the current rate or the rate permitted
by the action of the one House, whichever is lower, and under the
authority and conditions provided in applicable appropriation acts for
the fiscal year 1975: Provided, That no provision which is included in
an appropriation Act enumerated in this subsection but which was not
included in the applicable appropriation Act for 1975, and which by its
terms is applicable to more than one appropriation, fund, or authority
shall be applicable to any appropriation, fund, or authority provided in
this joint resolution unless such provision shall have been included in
identical form in such bill as enacted by both the House and the Senate.
(b) Such amounts as may be necessary for continuing projects or
activities (not otherwise provided for in this joint resolution) which
were conducted in the fiscal year 1975 and are listed in this subsection
at a rate for operations not in excess of the current rate or the rate
provided for in the budget estimate, whichever is lower, and under the
more restrictive authority--,
activities for which provision was made in the
Agriculture-Environmental and Consumer Protection Appropriation
Act, 1975; //88 Stat. 1822.//
activities for which provision was made in the District of
Columbia Appropriation Act, 1975; //88 Stat. 822.//
activities for which provision was made in the Department of
Interior and Related Agencies Appropriation Act, 1975: //88 Stat.
803.// Provided, That none of the funds made available by this
joint resolution shall be obligated or expended to finance
directly or indirectly any activities or operations of the Federal
Metal and Nonmetallic Mine Safety Board of Review: Provided
further, That sections 2(e), 10, and 11 of the Federal Metal and
Nonmetallic Mine Safety Act //30 USC 721, 729, 730.// creating the
Board are hereby repealed and section 12 of said Act //30 USC
731.// is hereby amended by striking therein all references to
"the Board" and inserting in lieu thereof "the Secretary of the
Interior";
activities for which provision was made in the Military
Construction Appropriation Act, 1975; //88 Stat. 2179.//
activities for which provision was made in the Department of
Defense Appropriation Act, 1975; //88 Stat. 1212.//
activities for which provision was made in the Foreign
Assistance and Related Programs Appropriations Act, 1975,
notwithstanding section 10 of Public Law 91 - 672, //84 Stat.
2055.// and section 15(a) of the Act entitled, " An Act to provide
certain basic authority for the Department of State", approved
August 1, 1956, as amended; //22 USC 2680.//
activities for which provision was made in the Department of
Transportation and Related Agencies Appropriation Act, 1975; //88
Stat. 768.//
activities for which provision was made in the Treasury, Postal
Service, and General Government Appropriation Act, 1975, //88
Stat. 613.// including payment to the Postal Service Fund at a
rate for each quarter of the fiscal year 1976 not to exceed
one-quarter of the budget estimate for fiscal year 1976 for the
appropriation " Payment to the Postal Service Fund
activities for which provision was made in the Special Energy
Research and Development Appropriation Act, 1975; //88 Stat.
276.//
the following activities for which provision was made in the
Departments of Labor, and Health, Education, and Welfare Appropriation
Act, 1975, //88 Stat. 1634.// the Supplemental Appropriations Act, //88
Stat. 1771;// 1975, the Second Supplemental Appropriations Act, 1975, or
Public Law 93 - 324, //88 Stat. 281.// and amendments thereto:
activities under sections 225, 314(e), 317, 318, 319, 329,
472(d), and titles VII, VIII, and X of the Public Health Service
Act, as amended; //42 USC 234, 246, 247b-247d, 254b, 2891 - 1,
292, 296, 300.//
activities under titles II, III, and IV (part B) of the Older
Americans Act; //42 USC 3011, 3021, 3035.//
activities under sections 409 and 410 of the Drug Abuse Office
and Treatment Act of 1972; //21 USC 1176, 1177.//
activities under section 1113 of the Social Security Act, as
amended; //42 USC 1313.//
activities for grants for the developmentally disabled;
activities under the Lead Based Paint Poisoning Prevention Act
of 1973; //42 USC 4801.//
activities of the Corporation for Public Broadcasting;
activities of the United States Railway Association; and
activities of the Appalachian Regional Commission, other than
those under section 201 of the Appalachian Regional Regional
Development Act of 1965, as amended. //40 USC app. 201.//
(c) Such amounts as may be necessary for continuing projects or
activities for which disbursements are made by the Secretary of the
Senate, and the Senate items under the Architect of the Capitol, to the
extent and in the manner which would be provided for in the budget
estimates for fiscal year 1976.
(d) Such amounts as may be necessary for continuing the following
activities, but at a rate for operations not in excess of the budget
estimate--,
activities of the Menominee Indian restoration program;
activities necessary for studies related to oil and gas leasing
on the Outer Continental Shelf;
activities necessary for Indian contract support;
activities of the Federal Elections Commission; and
activities of the Commodity Futures Trading Commission.
(e) Such amounts as may be necessary for continuing the following
activities, but at a rate for operations not in excess of the current r
rate unless otherwise provided specifically in this subsection:
Provided, That the parenthetical clauses of sections 101(a) and 101(b),
and the provisions of sections 102, 103, and 105 shall not apply to the
third, seventh, eighth, ninth, tenth, eleventh, and twelfth unnumbered
paragraphs of this subsection--,
activities under section 314(d) of the Public Health Service
Act, as amended; //42 USC 246.//
activities under title IV, part A of the Older Americans Act,
//42 USC 3031.//
for activities under title IX of the Older Americans
Comprehensive Services Amendments of 1973, //42 USC 3061.//
$30,000,000: Provided, That no State receiving funds under this
program will receive less than the amount received in fiscal year
1975 under title III of Public Law 93 - 203, //29 USC 871.//
notwithstanding the rpovisions of section 906 of Public Law 93 -
29; //42 USC 3065.//
activities under the Council on Wage and Price Stability Act;
//12 USC 1904 note.//
activities of the Commission on Federal Paperwork;
activities of the Office of Federal Procurement Policy;
for activities under title VI of the Comprehensive Employment
and Training Act, //29 USC 981.// $1,625,000,000, to remain
available until June 30, 1976;
for activities of the Youth Conservation Corps, in addition to
amounts made available elsewhere in this joint resolution and
otherwise, an amount of $10,000,000, to remain available until the
end of the fiscal year following the fiscal year for which
appropriated: Provided, That $5,000,000 shall be available to the
Secretary of the Interior and $5,000,000 shall be available to the
Secretary of Agriculture;
for activities under Title IV, part C, of the Social Security
Act, //42 USC 630.// in addition to amounts made available
elsewhere in this joint resolution and otherwise, an amount of
$70,000,000 for fiscal year 1976 for carrying out a work
incentives program including registration of individuals for such
program, and for related child care and supportive services, as
authorized by section 402 (a) (19) (G) f the Act, //42 USC 602.//
including transfer to the Secretary of Labor, as authorized by
section 431 of the Act, //42 USC 631.// which together with the
previously authorized appropriation for fiscal year 1975, shall be
the maximum amount available for transfer to the Secretary of
Labor and to which States may become entitled, pursuant to section
403 (d) of such Act, //42 USC 603.// for these purposes, for the
fiscal year 1975 and for any period in the prior fiscal year
provided the prior fiscal year expenditures were claimed on
quarterly statements of expenditures received by the Secretary of
Health, Education, and Welfare prior to February 1, 1975;
for activities under title IV, part C of the Higher Education
Act //20 USC 1087a.// to carry out work-study programs, in
addition to amounts made available elsewhere in this joint
resolution and otherwise, an amount of $119,800,000, of which
$60,000,000 shall remain available through September 30, 1975, and
$59,800,000 shall remain available through June 30, 1976:
Provided, That funds appropriated in the Departments of Labor, and
Health, Education, and Welfare Appropriations Acts for the fiscal
years ending June 30, 1974, and June 30, 1975 (Punlic Laws 93 -
192 and 93 - 517) //87 Stat. 764.// for the work-study program
under part C of title IV of the Higher Education Act of 1965, //88
Stat. 1634.// which have been granted to an eligible institution
whose allocation exceeds the amount needed to operate a work-study
program during the period for which those funds are available,
shall remain available to the Commissioner for making grants to
other eligible institutions until the end of the fiscal year
succeeding the fiscal year for which such funds are appropriated:
Provided further, That any amounts appropriated for basic
opportunity grants for the fiscal year ending June 30, 1974, which
are in excess of the amount required to meet the payment schedule
announced for the academic year 1974 - 75, shall remain available
for payments under the payment schedule announced for the academic
year 1975 - 76;
for activities under the heading Job Opportunities program
pursuant to title X of the Public Works and Economic Development
Act (Public Law 93 - 567, December 31, 1974), //42 USC 3246.// in
addition to amounts made available elsewhere in this joint
resolution and otherwise, an amount of $375,000,000, to remain
available until December 31, 1975: Provided, That not to exceed
$1,120,000 may be used for administrative expenses: Provided
further, That $1,000,000 shall be available until expended, and
shall be transferred to " Regional Development Programs", Regional
Action Planning Commissions, to carry out programs authorized by
title V of the Public Works and Economic Development Act of 1965,
as amended; //42 USC 3181.//
for activities under the heading Rural Water and Waste Disposal
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), in addition to amounts made available elsewhere in this
joint resolution and otherwise, an amount of $150,000,000 to
remain available until expended, pursuant to section 306(d) of the
above Act;
The following activities for which provision was made in the
Agriculture-Environmental and Consumer Protection Appropriation Act,
1975: //88 Stat. 1822.//
payments to States and Possessions by the Agricultural
Marketing Service;
activities of the agricultural conservation program, the
forestry incentives program, and the Water Bank Act program; //16
USC 1301 note.//
activities of the Farmers Home Administration pertaining to
rural housing for domestic farm labor, and mutual and self-help
housing;
food programs under section 32 of the Act of August 24, 1935,
//7 USC 612c.// and section 416 of the Agricultural Act of 1949,
as amended, //7 USC 1431.// including cost-of-living increases
mandated by law and the School Breakfast program;
activities of the Federal Energy Administration as they relate
to the petroleum allocation program;
activities of the legal services program; and notwithstanding
the sixth clause of subsection (b) of this section, activities of
the Department of State for assistance to refugees from the Soviet
Union shall be funded at not to exceed an annual rate for
obligations of $20,000,000, notwithstanding section 15(a) of the
Act entitled, " An Act to provide certain basic authority for the
Department of State", approved August 1, 1956, as amended, and
section 10 of Public Law 91 - 672; //22 USC 2680.//
notwithstanding the sixth clause of subsection (b) of this
section, //22 USC 2412.// activities of the Department of Health,
Education, and Welfare for assistance to refugees in the United
States (Cuban Program) shall be funded at not to exceed the annual
rate for obligations of $90,000,000.
(f) Such amounts as may be necessary to permit payments and
assistance mandated by law for the following activities which were
conducted in fiscal year 1975--,
activities under the Railroad Retirement Act, as amended; //48
Stat. 1283.//
activities under title XVI of the Social Security Act, as
amended; //42 USC 1381.
activities under the Food Stamp Act, // 7 USC 2011 note.// the
Child Nutrition Act, //42 USC 1771 note.// and the School Lunch
Act, as amended, //42 USC 1751 note.// except for section 17 (b)
of the Child Nutrition Act of 1966: //42 USC 1786.//
retirement pay and medical benefits for commissioned officers
of the Public Health Service;
grants to States for public assistance;
activities under the Federal Coal Mine Health and Safety Act of
1969, //30 USC 801.// as amended; and
activities funded from the fiscal year 1975 appropriation to
the Department of Labor, Employment Standards Administration, for
"special benefits".
(g) Applicable appropriations made by this joint resolution shall not
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. 102. Appropriations and funds made available and authority
granted pursuant to this joint resolution shall be available from July
1, 1975, and shall remain available until (a) enactment into law of an
appropriation for any project or activity provided for in this joint
resolution, or (b) enactment of the applicable appropriation Act by both
Houses without any provision for such project or activity, or (c) sine
die adjournment of the first session of the Ninety-fourth Congress,
whichever first occurs.
Sec. 103. Appropriations and funds made available or authority
granted pursuant to this joint resolution may be used without regard to
the time limitations for submission and approval of apportionments set
forth in 31 U.S.C. 665 (d) (2), but nothing herein shall be construed to
waive any other provision of law governing the apportionment of funds.
Sec. 104. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
Sec. 105. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 106. No appropriation or fund made available or authority
granted pursuant to this joint resolution shall be used to initiate or
resume any project or activity for which appropriations, funds, or other
authority were not available during the fiscaly year 1975.
Sec. 107. Any appropriation for the fiscal year 1976 required to be
apportioned pursuant to 31 U.S.C. 665, may be apportioned on a basis
indicating the need (to the extent any such increases cannot be absorbed
within available appropriations) for a supplemental or deficiency
estimate of appropriation to the extent necessary to permit payment of
such pay increases as may be granted pursuant to law to civilian
officers and employees and to active and retired military personnel.
Each such appropriation shall otherwise be subject to the requirements
of 31 U.S.C. 665.
Sec. 108. All obligations incurred in anticipation of the
appropriations and authority provided in this joint resolution are
hereby ratified and confirmed if otherwise in accordance with the
provisions of this joint resolution.
Sec. 109. None of the funds herein made available shall be obligated
or expended to finance directly or indirectly any assistance to North
Vietnam, South Vietnam, Cambodia, or Laos, nor shall any funds herein
made available be channeled through or administered by international
organizations, United Nations organizations, multilateral organizations,
voluntary agencies, or any other comparable organization or agencies in
order to finance any assistance to North Vietnam, South Vietnam,
Cambodia, or Laos.
Sec. 110. Any provision of law which requires unexpended funds to
return to the general fund of the Treasury at the end of the fiscal year
shall not be held to affect the status of any lawsuit or right of action
involving the right to those funds.
Sec. 111. Unobligated balances as of June 30, 1975, of funds
heretofore made available under the authority of Chapter X of Part I of
the Foreign Assistance Act of 1961, as amended, are hereby continued
available for the same general purposes for which appropriated.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 289 (Comm. on Appropriations).
SENATE REPORT No. 94 - 201 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 17, considered and passed House.
June 19, considered and passed Senate, amended.
June 20, House concurred in Senate amendments.
Public Law 94-40, 89 Stat. 224, Forest Pest Control Act, Amendment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of section 5 of the Forest Pest Control Act of June 25, 1947 (61 Stat.
177; 16 U.S.C. 594 - 1 through 594 - 5), is amended by changing the
period at the end thereof to a comma and adding the following: "such
sums appropriated for fiscal year 1975 and thereafter to remain
available until expended.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 212 (Comm. on Agriculture).
SENATE REPORT No. 94 - 16 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Feb. 21, considered and passed Senate.
June 3, considered and passed House, amended.
June 10, Senate concurred in House amendment.
Public Law 94-39, 89 Stat. 218, National Aeronautics and Space
Administration Authorization Act, 1976.
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, $1,206,000,000; (2) Space flight operations,
$203,100,000; (3) Advanced missions, $2,000,000; (4) Physics and
astronomy, $162,800,000; (5) Lunar and planetary exploration,
$259,900,000; (6) Launch vehicle procurement, $166,900,000; (7)
Space applications, $181,530,000; (8) Aeronautical research and
technology, $175,350,000; (9) Space and nuclear research and
technology, $74,900,000; (10) Energy technology applications,
$5,900,000; (11) Tracking and data acquisition, $240,800,000;
(12) Technology utilization, $8,000,000;
(b) For " Construction of facilities," including land acquisition, as
follows:
(1) Modification of 11- by 11-foot transonic wind tunnel, Ames
Research Center, $2,695,000.
(2) Addition for composite model and metal finishing shops,
Langley Research Center, $1,940,000;
(3) Space shuttle facilities at various locations as
follows:
(A) Modifications to launch complex 39, John F. Kennedy Space
Center, $13,110,000;
(B) Construction of Orbiter processing facility, John F.
Kennedy Space Center, $8,160,000;
(C) Modifications for solid rocket booster processing
facilities, John F. Kennedy Space Center, $5,240,000;
(D) Modifications for hypergolic checkout and refurbishment
facilities, John F. Kennedy Space Center, $6,940,000;
(E) Modifications for launch equipment test facilities, John F.
Kennedy Space Center, $1,960,000;
(F) Construction of Orbiter approach and landing test
facilities, Flight Research Center, and Air Force Plant #42,
Palmdale, California, $1,680,000;
(G) Construction of Shuttle/ Carrier aircraft mating
facilities, Flight Research Center, and Air Force Plant #42,
Palmdale, California, $3,890,000;
(H) Modifications for crew training facilities, Lyndon B.
Johnson Space Center, $830,000;
(I) Modification of the vibration and acoustic test facility,
Lyndon B. Johnson Space Center, $2,410,000;
(J) Modifications for solid rocket booster component
manufacturing and assembly facilities (location to be designated).
$3,000,000;
(4) Modification of 40-by-80 foot subsonic wind tunnel, Ames
Research Center, $12,500,000;
(5) Rehabilitation and modification of facilities at various
locations, not in excess of $500,000 per project, $16,000,000;
(6) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$250,000 per project, $5,000,000;
(7) Facility planning and design not otherwise provided for,
$13,775,000.
(c) For " Research and program management," $776,000,000, 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 organization. Each such grant shall
be made under such conditions as the Administrator shall determine to be
required to insure that the United States will receive therefrom benefit
adequate to justify the making of that grant. None of the funds
appropriated for " Research and development" pursuantto this Act may be
used in accordance with this subsection for the construction of any
major facility, the estimated cost of which, including collateral
equipment, exceeds $250,000, unless the Administrator or his designee
has notified the Speaker of the House of Representatives and the
President of the Senate and the Committee on Science and Technology of
the House of Representatives and the Committee on Aeronautical and Space
Sciences of the Senate of the nature, location, and estimated cost of
such facility.
(e) When so specified in an appropriation Act, (1) any amount
appropriated for " Research and development" or for " 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 twleve 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 of extraordinary
expenses upon the approval or authority of the Administrator and his
determination shall be final and conclusive upon the accounting officers
of the Government.
(g) Of the funds appropriated pursuant to subsections 1(a) and 1(c),
not in excess of $25,000 for each project, including collateral
equipment, may be used for construction of new facilities and additions
to existing facilities,a nd not in excess of $50,000 for each project,
including collateral equipment, may be sued for rehabilitation or
modification of facilities: Rpovided, 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 any of the foregoing for
unforeseen programmatic needs.
Sec. 2. Authorization is hereby granted whereby any of the amounts
prescribed in paragraphs (1) through (6), inclusive, of subsection 1(
b)--,
(1) in the discretion 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 one-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 (7) of such subsection) shall be available for
expenditure to construct, expand, or modify laboratories and other
installations at any location (including locations specified in
subsection 1(b)), if (1) the Administrator determines such action to be
necessary because of changes in the national program of aeronautical and
space activities or new scientific or engineering developments, and (2)
he determines that deferral of such action until the enactment of the
next Authorization Act would be inconsistent with the interest of the
Nation in aeronautical and space activities. The funds so made
available may be expended to acquire, construct, convert, rehabilitate,
or install permanent or temporary public works, including land
acquisition, site preparation, appurtenances, utilities, and equipment.
No portion of such sums may 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 period of thirty days has passed after the receipt by the
Speaker of the House of Representatives and the President of the Senate
and each such committee of notice given by the Administrator or his
designee containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action, or (B) each such committee before the expiration
of such period has transmitted to the Administrator writtennotice to the
effect that such committee has no objection to the proposed action.
Sec. 5. It is the sense of the Congress that it is in the national
interest that consideration be given to geographical distribution of
Federal research funds whenever feasible, and that the National
Aeronautics and Space Administration should explore ways and means of
distributing its research and development funds whenever feasible. //42
USC 2459 note.//
Sec. 6. 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 appropriation Acts.
//42 USC 2463.// 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 perfomrance 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 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. In addition to the amounts authorized to be appropriated
under section 1 of this Act, there is hereby authorized to be
appropriated to the National Aeronautics and Space Administration, to be
available no earlier than July 1, 1976:
(a) For " Research and development," for the programs specified in
the following paragraphs, $700,600,000, of which no more shall be
available for any such program than the amount stipulated (for that
program) in the applicable paragraph:
(1) Space Shuttle, $321,000,000; (2) Space flight operations,
$55,100,000; (3) Advanced missions, $500,000; (4) Physics and
astronomy, $46,600,000; (5) Lunar and planetary exploration,
$73,300,000; (6) Lauch vehicle procurement, $40,400,000; (7)
Space applicaitons, $54,7000,000; (8) Aeronautical research and
technology, $46,800,000; (9) Space and nuclear research and
technology, $22,300,000; (10) Energy technology applications,
$1,500,000; (11) Tracking and data acquisition, $66,400,000;
(12) Technology utilization, $2,000,000.
(b) For " Construction of facilities," including land acquisition, as
follows:
(1) Rehabilitation and modification of facilities at various
locations, not in excess of $500,000 per project, $7,000,000;
(2) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$250,000 per project, $1,250,000;
(3) Facility planning and design not otherwise provided for
$2,500,000.
(c) For " Research and program management," $213,800,000, and such
additional or supplemental amounts as may be necessary for increases in
salary, pay, retirement, or other employee benefits authorized by law.
All of the limitations and other provisions of this Act which are
applicable to amounts appropriated pursuant to subsections (a), (b), and
(c) of section 1 of this Act shall apply in the same manner to amounts
appropriated pursuant to subsections (a), (b), and (c), respectively, of
this section.
Sec. 8. The National Aeronautics and Space Act of 1958, as amended,
is amended by adding at the end thereof the following new title: //42
USC 2451 note.//
" SEC. 401. //42 USC 2481.// (a) The purpose of this title is to
authorize and direct the Administration to develop and carry out a
comprehensive program of research, technology, and monitoring of the
phenomena of the upper atmosphere so as to provide for an understanding
of and to maintain the chemical and physical integrity of the Earth's
upper atmosphere.
"(b) The Congress declares that it is the policy of the United States
to undertake an immediate and approprate research, technology, and
monitoring program that will provide for understanding the physics and
chemistry of the Earth's upper atmosphere.
" Sec. 402. //42 USC 2482.// For the purpose of this title the term
'upper atmosphere' means that portion of the Earth's sensible atmosphere
above the troposphere.
" Sec. 403. //42 USC 2483.// (a) In order to carry out the purposes
of this title the Administration in cooperation with other Federal
agencies, shall initiate and carry out a program of research,
technology, monitoring, and other appropriate activities directed to
understand the physics and chemistry of the upper atmosphere.
"(b) In carrying out the provisions of this title the Administration
shall--,
"(1) arrange for participation by the scientific and
engineering community, of both the Nation's industrial
organizations and institutions of higher education, in planning
and carrying out appropriate research, in developing necessary
technology and in making necessary observations and measurements;
"(2) provide, by way of grant, contract, scholarships or other
arrangements, to the maximum extent practicable and consistent
with other laws, for the widest practicable and appropriate
participation of the scientific and engineering community in the
program authorized by this title; and
"(3) make all results of the program authorized by this title
available to the appropriate regulatory agencies and provide for
the widest practicable dissemination of such results.
" Sec. 404. //42 USC 2484.// In carrying out the provisions of this
title, the Administration, subject to the direction of the President and
after consultation with the Secretary of State, shall make every effort
to enlist the support and cooperation of appropriate scientists and
engineers of other countries and international organizations.".
Sec. 9. This Act may be cited as the " National Aeronautics and
Space Administration Authorization Act, 1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 63 (Comm. on Science and Technology) and No.
94 - 259 (Comm. of Conference).
SENATE REPORT No. 94 - 103 (Comm. on Aeronautical and Space
Sciences).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 9, considered and passed House.
May 12, considered and passed Senate, amended.
June 9, House agreed to conference report.
June 10, Senate agreed to conference report.
Public Law 94-38, 89 Stat. 217, Saline Water Conversion Program,
Appropriation Authorization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is authorized
to be appropriated, to carry out the provisions of the Saline Water
Conversion Act of 1971 (85 Stat. 159) during fiscal year 1976, the sum
of $4,100,000 to remain available until expended. //42 USC 1959 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 103 (Comm. on Interior and Insular
Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 8, considered and passed House.
June 5, considered and passed Senate, amended.
June 9, House concurred in Senate amendment.
Public Law 94-37, 89 Stat. 216.
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 Department of State such sums as
may be necessary from time to time for payment by the United States of
its share of the expenses of the United Nations peacekeeping forces in
the Middle East, as apportioned by the United Nations in accordance with
article 17 of the United Nations Charter, //59 Stat. 1031.//
notwithstanding the limitation on contributions to international
organizations contained in Public Law 92 - 544 (86 Stat. 1109, 1110).
//22 USC 287e note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 200 (Comm. on International Relations).
SENATE REPORT No. 94 - 93 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 28, considered and passed Senate.
June 9, considered and passed House.
Public Law 94-36, 89 Stat 215, Summer Youth Employment and
Recreation, Supplemental Appropriations.
Resolved 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 emergency employment for the fiscal year ending June
30, 1975, and for other purposes, namely:
For an additional amount for " Comprehensive manpower assistance",
$473,350,000, to remain available until September 30, 1975, of which
$15,300,000 shall be transferred to the Community Services
Administration for carrying out activities authorized by section 222 (a)
(13) of the Economic Opportunity Act of 1964, //42 USC 2809.// as
amended (42) U.S.C. 2701 et seq.)
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 269 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975): June 10, considered and
passed House, June 12, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 25:
June 16, Presidentaial statement.
Public Law 94-35, 89 Stat 213, Emergency Livestock Credit Act of
1974, amendment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Emergency
Livestock Credit Act of 1974 (88 Stat. 391) //7 USC prec. 1961 note.//
is amended as follows:
(a) Section 2 is amended--,
(1) By striking "for the purpose of" in the first sentence of
subsection (a) and inserting in lieu thereof the following: "and
who have substantial operations in."
(2) By striking the period at the end of subsection (a) and
inserting in lieu thereof the following: "including dairy cattle
raised and maintained for the primary purpose of marketing dairy
products.".
(3) By striking everything following the word " Provided," in
subsection (b) and inserting in lieu thereof, the following: "
That the term 'legally organized lending agency' shall be deemed
to include the Federal Financing Bank only to the extent that such
Bank may hold the guaranteed portion of such loans.".
(4) By striking all of subsection (c) after the word "
Secretary" and inserting the following in lieu thereof: "to
guarantee more than 90 per centum of the principal and interest on
such loan.".
(5) By changing subsection (f) to read as follows:
"(f) Loans guaranteed under this Act shall be for the period
reasonably required by the needs of the borrower, taking into
consideration the security the borrower has available, but not exceeding
an original term of seven years. Loans may be renewed for not more than
three additional years.".
(b) Section 3 is amended by striking all of paragraph (3) of
subsection(a) after the words " Provided, That" and inserting in lieu
thereof the following: "the total principal balance outstanding at any
one time on loans guaranteed under this Act for any borrower shall not
exceed $350,000;".
(c) Section 4 is amended to read as follows:
" Sec. 4. Loans guaranteed under this Act shall be secured by
collateral adequate to protect the Government's interests, as determined
by the Secretary: Provided, That the Secretary may accept collateral
which has depriciated in value owing to temporary economic conditions
and which, in the opinion of the lender, together with his confidence in
the repayment ability of the borrower, is adequate security for the
loan.".
(d) Section 5 is amended by striking "$2,000,000,000" and inserting
in lieu thereof "1,500,000,000", and by adding at the end thereof the
following new sentences: " Such fund may also be utilized to pay
administrative expenses of the Secretary necessary to carry out the
provisions of this Act. The Secretary in his discretion is authorized
to use the funds from the Argicultural Credit Insurance Fund to
purchase, on such terms and conditions as he may deem appropriate, the
guaranteed protion of any loan made pursuant to this Act and to pay such
expenses and fees incident to such purchases.".
(e) Section 8 //7 USC prec. 1961 note.// is amended to read as
follows:
" Sec. 8. The provisions of this Act shall become effective upon
enactment, and the authority to make new guarantees shall terminate on
December 31, 1976.".
(f) Section 10 is amended by adding at the end thereof the following
new sentence: " Insofar as practicable, the Secretary shall complete
action on each loan application within thirty days after its receipt.".
(g) The Act is amended by adding at the end thereof the following new
section 11:
" Sec. 11. The Secretary shall report to the Committee on
Argiculture, United States House of Representatives, and the Committee
on Agriculture and Forestry, United States Senate, on or within one year
of the date of the enactment of this section, annually thereafter, with
respect to the effectiveness of this Act. The Secretary shall be
required, but not limited, to include in such report the number of loan
applications submitted, the number and amount of loans approved, the
financial situation facing cattlemen at the time of the report, the
effect of this Act on the retail marketing of beef and on the
farm-retail price spread of beef, and any recommendations he may have as
to actions which can be taken to further decrease the price spread and
to increase the consumption of beef.".
Sec. 2. Section 344 of the Consolidated Farm and Rural Development
Act (86 Stat. 667) //7 USC 1992.// is amended by changing the last
sentence thereof to read as follows: " No contract guaranteeing any
such loan by such other lender shall require the Secretary to guarantee
more than 90 per centum of the principal and interest on such loan.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 125 (Comm. on agriculture) and No. 94
- 244 (Comm. of Conference).
SENATE REPORTS: No. 94 - 43 (Comm. on Agriculture and and
Forestry) and No. 94 - 151 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 121 (1975): Mar. 20, considered and
passed Senate, May 6, considered and passed House, amended, May
22, Senate agreed to conference report, June 3, House agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 25:
June 16, Presidential statement.
Public Law 94-34, 89 Stat 212.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is authorized
to be appropriated to the Secretary of the Interior in recognition of
the hardship suffered by the people of Bikini due to displacement from
their atoll since 1946 the sum of $3,000,000, ex gratia. Such sum shall
be paid to a trustee selected by the Kili/ Bikini Council subject only
to disapproval by the High Commissioner of the Trust Territory of the
Pacific Islands to be held in trust pursuant to the provisions of a
trust agreement or amnedment thereto agreed to by the Kili/ Bikini
Council subject only to disapproval by the High Commissioner of the
Trust Territory of the Pacific Islands for the use and benefit of and
distribution to persons who possess rights in Bikini Atoll. Provision
may be made in the trust instrument for disbursement of trust income and
corpus by the trustee directly to the Kili/ Bikini Council for
sidtribution, according to custom and tradition, to persons who possess
rights in Bikini Atoll. The Governments of the United States and Trust
Territory of the Pacific Islands shall not be liable in any cause of
action in law or equity arising from the administration or distribution
of the trust funds.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 187 (Comm. on Interior and Insular
Affairs).
SENATE REPORT No. 94 - 165 (Comm. on Interior and Insular
Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975): May 5, considered and
passed House, June 4, considered and passed Senate.
Public Law 94-33, 89 Stat 211, Honor America Period.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, //36 USC 157b.// That Congress
declares the twenty-one days from Flag Day through Independance Day as a
period to honor America, and further declares that there be public
gatherings and activities at which the people of the United States can
celebrate and honor their country in an appropriate manner.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975): June 9, considered and
passed Senate and House.
Public Law 94-32, 89 Stat 173, Second Supplemental Appropriations
Act, 1975.
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 Appropirations Act, 1975") for the
fiscal year ending June 30, 1975, and for other purposes, namely:
Additional 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: operating loans, $100,000,000.
For an additional amount to carry out the National School Lunch Act,
as amended (42 U.S.C. 1751 - 1761), and the applicable provisions other
than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.
C. 1773 - 1785), $176,856,000, to remain available until expended,
including $52,000,000 for the summer operations of the Special Food
Program, from which sum the Secretary shall apportion to each State an
amount of the funds appropriated for the program for the period May
through September 1975 that bears the same ratio to the total of such
funds as the amount of funds expended during the period May through
September 1974 in such State bears to the total amount of funds expended
in the program during the same period in all States. If any State
cannot utilize all of the funds so apportioned to it, the Secretary
shall make further distribution to the remaining States based on need
for such funds.
For an additional amount for the " Food stamp program", $884,815,000,
to remain available until expended.
For an additional amount 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), $5,000,000.
For an additional amount for " Military personnel, Army",
$28,265,000.
For an additional amount for " Military personnel, Marine Corps",
$6,140,000.
For an additonal amount for " Military personnel, Air Force",
$11,669,000.
For an additonal amount for " Retired pay, Defense", $210,300,000.
For an additional amount for " Federal payment to the District of
Columbia", to be paid to the general fund of the District of Columbia,
$5,000,000.
For an additonal amount for " General operating expenses",
$1,021,000.
For an additional amount for " Public safety", $2,284,600.
For an additional amount for " Education", $1,792,800.
For an additonal amount for " Human resources", $1,733,500.
For an additional amount for " Highways and traffic", $605,000, of
which $305,000 shall be payable from the highway fund.
For an additional amount for " Environmental services", $1,200,00, of
which $600,000 shall be payable from the water fund, and $500,000 from
the sanitary sewage works fund.
For an additional amount for " Settlement of claims and suits",
$166,300.
The sums appropriated herein for the District of Columbia shall be
paid out of the general fund of the District of Columbia, except as
otherwise secifically provided.
For grants to States and units of general local government, to be
used only for expenses necessary for carrying out a community
development grant program authorized by section 106(d)(2) of title I of
the Housing and Community Development Act of 1974, //42 USC 5306.//
$54,625,000, to remain available until September 30, 1977.
For an additional amount for " Compensation and pensions",
$256,400,000, to remain available until expended.
For an additional amount for " Readjustment benefits", $425,000,000,
to remain available until expended.
For an additonal amount for " Medical care", $36,239,000.
For an additional amount for " Construction, major projects",
$27,202,000, to remain available until expended.
For an additional amount for " Construction, minor projects",
$7,706,000, to remain available until expended.
For an additional amount for " Salaries and expenses", $2,000,000, to
remain available until expended.
To carry out the provisions of section 1444 of the Safe Drinking
Water Act, //42 USC 300j-3.// $4,000,000, to remain available until
expended.
For an additional amount for " Management of lands and resources",
$19,950,000.
For an additional amount from the " Land and Water Conservation
Fund", $7,492,000, which shall be available to the National Park Service
for land acquisition, to remain available until expended.
For an additonal amount for " Construction and anadromous fish",
$350,000, to remain available until expended.
For an additonal amount for " Planning and construction", $2,300,000:
Provided, That these funds shall be available to assist in constructing
a sewage system and treatment plant in cooperation with the towns of
Hapers Ferry and Bolivar, West Virginia, to serve such towns and the
Hapers Ferry National Historical Park: Provided further, That this
appropriation shall be recinded if H.R. 4481 is enacted into law and
contains funds for this purpose.
For an additional amount for " Operation of Indian programs",
$6,800,000, of which $200,000 shall remain until October 1, 1975:
Provided, That with the exception of $28,352,000 for public school
assistance, none of the funds appropriated under this head in this or
any other appropriations Act for fiscal year 1975 shall remain available
beyond June 30, 1975, unless specifically provided otherwise in such
Acts.
For an additional amount for " Construction", $3,000,000, as
authorized by Public Law 93 - 638, title II, part B, //25 USC 458.// to
remain available until expended.
For an additional amount for " Administration of Territories",
$900,000, to remain available until expended.
For an additional amount for " Trust Territory of the Pacific
Islands", $8,050,000 to remain available until expended: Provided, That
none of these funds shall be available until the enactment of
authorizing legislation.
For an additional amount for " Forest protection and utilization",
for " Forest land management", $105,000,000.
For an additional amountm for " Salaries and expenses", $3,000,000 to
remain available until expended.
There shall be appropriated from the Treasury and transferred and
paid into the treasuries of Puerto Rico and of the United States Virgin
Islands the amount, as determined by the Administrator of the Federal
Energy Administration, of all import license fees collected by the
Administrator pursuant to Presidential Porclamation Numbered 3279, as
amended, //19 USC 1862 note.// between May 1, 1973, and January 31,
1975, exclusive of refunds and reductions, for imports of crude oil,
unfinished oils, and finished products, into Puerto Rico (other than
imports from the United States Virgin Islands) and into the Customs
Territory of the United States from the United States Virgin Islands.
Such sums so transferred and paid over shall be used and expended by the
Governments of Puerto Rico and the United States Virgin Islands for
public purposes as authorized by law.
For an additonal amount for " Salaries and expenses", $390,000.
For an additional amount for " Salaries and expenses, National
Gallery of Art", $90,000.
Appropriations available for payments under this head shall also be
available for payment of trade adjustment benefit payments and
allowances authorized by part I, subchapter B, chapter 2, title II, of
the Trade Act of 1974 //19 USC 2291.// : Provided, That amounts
recieved during the current fiscal year from the Postal Service or
recovered from the States pursuant to 5 U.S.C. 8505(d) shall be
available for payments during the year.
For repayable advances to the Unemployment Trust Fund, as authorized
by Sections 905(d) and 1203 of the Social Security Act, as amended, //42
USC 1105, 1323.// and for nonrepayable advances to the " Federal
unemployment benefits and allowances" account, to remain available until
September 30, 1976, $5,000,000,000.
Funds appropirated by this Act, or any other Act, //26 USC 3304
note.// for the payments of special unemployment assistance under title
II of the Emergency Jobs and Unemployment Assistance Act of 1974 shall
not be used for making such payments of assistance Act of 1974 shall not
be used for making such payments of assistance or waiting period credit,
beginning after the date of enactment of this Act, to any individual who
performs services in an instructional, research, or principal
administrative capacity for an educational institution or agency with
respect to any week commencing during the period between two sucessive
academic years (or, when the contract provides instead for a similar
period between two regular but not sucessive terms, during such similar
period) if--,
(1) such individual performed services in any such capacity for
any educational institution or agency for the first of such
academic years or terms; and
(2) such individual has a contract to perform services in any
such capacity for any educational institution or agency for the
latter of such academic years or terms.
For an additional amount for " Salaries and expenses", $150,000.
Of the funds appropriated for Health Services by Public Law 93 - 517,
//88 Stat. 1634.// $5,000,000 shall remain available through June 30,
1976, for the National Health Service Corps, in addition to funds
provided to the National Health Service Corps by Public Law 93 - 324, as
amended. //88 Stat. 281.//
For an additional amount for expenses necessary to carry out the
National Arthritis Act of 1974 //42 USC 289c-1 note.// with respect to
the National Commission on Arthritis and Related Musculoskeletal
Diseases, $300,000 for fiscal year 1975.
For an additional amount for " Saint Elizabeths Hospital",
$1,192,000, of which $1,058,000 shall be derived by transfer from the
appropriation for " Health Resources", fiscal year 1975.
For an additional amount for " Health resources", for carrying out to
the extent not otherwise provided, the National Health Planning and
Resources Development Act of 1974, //42 USC 300k note.// and sections
301 and 305 (b)(3) of the Public Health Service Act, //42 USC 241,
242c.// without regard to the requirements of section 308 of said Act,
//42 USC 242f.// $118,900,000, of which $10,000,000 shall be available
until December 31, 1975 for carrying out section 3 of the National
Health Planning and Resources Development Act of 1974, and of which
$22,000,000 shall remain available until expended for carrying out
section 305(b)(3) of the Public Health Service Act: Provided, That, in
addition, $8,500,000 may be transferred to this appropriation, as
authorized by section 201(g) of the Social Security Act, //42 USC 401.//
from any one or all of the trust funds referred to therein.
For an additional amount for " Elementary and secondary education"
for carrying out the Alcohol and Drug Abuse Education Act, //21 USC 1001
note.// and part B of the Headstart-Follow Through Act, //42 USC 2929.//
$6,500,000.
For carrying out section 705 ($185,588,000), section 708(a)
($11,309,000), section 708(c) ($9,052,000), section 711 ($6,794,000),
and section 713 ($2,257,000) of the Emergency School Aid Act, //20 USC
1604, 1607, 1610, 1612.// $215,000,000, to remain available until
September 30, 1975.
For an additional amount for " Education for the Handicapped" for
carrying out part F of the Education of the Handicapped Act, //20 USC
1451.// $250,000.
For an additional amount for " Higher education", $74,900,000, of
which $7,500,000 for veterans' cost-of-instruction payments shall remain
available until June 30, 1975, and $67,400,000, for insured loans shall
remain available until expended: Provided, That title I, Chapter VII of
Public Law 93 - 305 (Second Supplemental Appropriations Act, 1974) //88
Stat. 195.// is amended by striking out the paragraph following " Higher
Education" and substituting therefor: " For carrying out section 705(a)
of the Higher Education Act, without regard to other provisions of said
Act, //20 USC 1132a-4.// $250,000 to be used in connection with
construction projects for extension and continuing education programs:
Provided, That such sums shall remain avqilable for obligation through
June 30, 1975".
For an additional amount for " Student Loan Insurance Fund",
$82,600,000, to remain available until expended.
For an additional amount for " Public assistance", $1,729,748,000,
including $252,000 to carry out section 1113 of the Social Security Act.
//42 USC 1313.//
For an additional amount for " Rehabilitation services", for carrying
out sections 301 and 304(b)(3) of the Rehabilitation Act of 1973, //29
USC 771, 774.// as amended, $2,300,000, and for carrying out title III
of H.R. 14225 (93d Congress), //29 USC 701 note.// $25,000, to remain
available until expended.
For an additional amount for " Special benefits for disabled coal
miners", $80,844,000: Provided, That the appointments of administrative
law judges for this program shall terminate not later than December 31,
1976.
For an additional amount for " Supplemental security income program",
$83,102,000.
for an additional amount for " Limitation on salaries and expenses",
$78,668,000.
For an adeditional amount for " Gallaudet College", $8,052,000, of
which $7,766,000 shall be for construction and shall remain available
until expended.
For an additional amount for " Howard University," $2,050,000.
For an additional amount for " Human development", for carrying out,
except as otherwise provided, titles V, part A, and VIII of the
Community Services Act of 1974, //42 USC 2921, 2991.// $473,000,000, of
which $7,000,000 shall remain available through October 31, 1975.
For an additional amount for " Departmental management", and for
carrying out, to the extent not otherwise provided, section 232 of the
Community Services Act of 1974, //42 USC 2825.// $16,587,000.
For the operations of the Community Services Administration to remain
available until September 30, 1975, pursuant to the provisions of Public
Law 93 - 644, //42 USC 2701 note.// $492,400,000: Provided, That no
part of the funds appropriated in this paragraph shall be available for
any grant until the Director has determined that the grantee is
qualified to administer the funds and programs involved in the proposed
grant: Provided further, That all grant agreements shall provide that
the General Accounting Office shall have access to the records of the
grantee which bear exclusively upon the Federal grant.
For an additional amount for " Salaries and expenses", to carry out
the mediation provisions of the Act of December 22, 1974 (88 Stat.
1712), //15 USC 640d.// $300,000, to remain available until expended.
For an additional amount for " Limitation on salaries and expenses",
$717,000: Provided, That the amount herein, together with funds
available in Public Law 93 - 517, shall be available for the payment of
standard level user charges, to be derived from the rialroad retirement
accounts.
For an additional amount for " Committee Employees", $75,050.
For an additional amount for " Administrative and Clerical Assistants
to Sentators", //2 USC 61 - 1 note.// $26,274: Provided, That effective
January 1, 1975, the clerk hire allowance of each Senator from the State
of Texas shall be increased to that allowed Senators from States having
a population of more than twelve million, the population of said State
having exceeded twelve million inhabitants.
For an additional amount for " Miscellaneous Items", //2 USC 123c.//
$165,000: Provided, That, notwithstanding any other provision of law,
the Sergeant at Arms, subject to the approval of the Committee on Rules
and Administration, is hereafter authorized to enter into multi-year
leases for automatic data processing equipment.
For an additional amount for " Stationery (Revolving Fund)", // USC
46a.// $225: Provided, That effective April 1, 1975, and each fiscal
year thereafter, the annual allowance for stationery for the President
of the Senate shall be $4,500.
1. 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.
2. Subject to the provisions of section 201(f) of the Congressional
Budget Act of 1974, //2 USC 601.// during such period that the expenses
of the Congressional Budget Office are paid from the contingent fund of
the Senate, the provisions of the paragraph relating to advances for
expenses of Senate committees under the heading " SENATE" in the Act of
March 3, 1879 (2 U.S.C. 69), shall apply to the Congressional Budget
Office in the same manner as it applies to committees of the Senate, and
for such purpose the Director of such Office shall be treated as the
chairman of a committee of the Senate.
3. Subject to the provisions of section 7 of the resolution entitled
a " Joint Resolution to provide for the establishment of the American
Indian Policy Review Commission", approved January 2, 1975 (88 Stat.
1910), //25 USC 174 note.// during such period as the expenses of the
American Indian Policy Review Commission are paid from the contingent
fund of the Senate, the provisions of the paragraph relating to advances
for expenses of Senate committees under the hearding " SENATE" in the
Act of March 3, 1879 (2 U.S.C. 69), shall apply to the American Indian
Policy Review Commission in the same manner as it applies to committees
of the Senate, and for such purpose the Chairman of such Commission
shall be treated as the chairman of a committee of the Senate.
4. Section 3 under the heading " Administrative Provision" //2 USC
59 note.// appropriation for the Senate in the Legislative Branch
Appropriation Act, 1975 (Public Law 93 - 371), //88 Stat. 429.// is
amended by resesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
"(f)(1) Subject to the provisions of paragraphs (2), (3), (4), and
(5), //2 USC 59.// a Senator may lease one mobile office for use only in
the State he represents and shall be reimbursed from the contingent fund
of the Senate for the rental payments made under such lease together
with the actual nonpersonnel cost of operating such mobile office. The
term of any such lease shall not exceed one year. A copy of each such
lease shall be furnished to the Sergeant at Arms of the Senate.
"(2) The maximum aggregate annual rental payments and operating costs
(except furniture, equipment, and furnishings) that may be reimbursed to
a Senator under paragraph (1) shall not at any time exceed an amount
determined by multiplying (A) the highest applicable rate per square
foot charged Federal agencies by the Administrator of General Services
in the State which that Senator represents, based upon a 100 percent
building quality rating, by (B) the maximum aggregate square feet of
office space to which that Senator is entitled under subsection (b)
reduced by the number of square feet contained in offices secured for
the Senator under subsection (a) and used by that Senator and his
employees to perform their duties.
"(3) No reimbursement shall be made under paragraph (1) for rental
payments and operating costs of a mobile office of a Senator unless the
following provisions are included in its lease:
"(A) Liability insurance in the amount of $1,000,000 shall be
provided with respect to the operation and use of such mobile
office.
"(B) The following inscription shall be clearly visible on
three sides of such mobile office in letters not less than four
inches high:
"' Mobile Office of Senator (name of Senator)
"' FOR OFFICIAL OFFICE USE ONLY'.
"(4) No reimbursement shall be made under paragraph (1) for rental
payments and operating costs of a mobile office of a Senator which are
attributable to or incurred during the 60-day period ending with the
date of any primary or general election (whether regular, special, or
runoff) in which that Senator is a candidate for public office, unless
his candidacy in such election is uncontested.
"(5) Reimbursement under paragraph (1) shall be made on a quarterly
basis and shall be paid upon vouchers approved by the Sergeant at Arms
of the Senate." //2 USC 61 - 1 note.//
5. Notwithstanding paragraph (3) of section 105(e) of the Legislative
Branch Appropriations Act, 1968, as amended, //2 USC 61 - 1.// two
employees of the Senate Select Committee to Study Governmental
Operations With Respect to Intellignece Activities may be paid at the
highest gross rate provided in subparagraph (A) of such paragraph, and
eleven employees of such committee may be paid at the next highest gross
rate provided in such subparagraph.
For an additional amount for " House leadership offices", $6,000,
including: Office of the Speaker, $1,000; Office of the Majority Floor
Leader, $2,000; Office of the Miniority Floor Leader, $1,000; Office
of the Majority Whip, $1,000; and Office of the Minority Whip, $1,000.
For an additional amount for " Salaries, officers and employees",
$142,000, including: Office of the Clerk, $60,000; House Democratic
Steering Committee, $41,000; and House Republican Conference, $41,000.
For an additional maount for " Committee employees", $3,148,000.
For an additional amount for " Committee on Appropriations
(investigations)", $159,000.
For an additional amount for " Miscellaneous items", $1,407,500.
For an additional amount for " Telegraph and telephone", $500,000.
For an additional amount for " Government contributions", $417,500.
For an additonal amount for " Leadership automobiles", $4,500.
For an additional amount for " Revision of laws", $1,000.
For an additional amount for " Joint Committee on Internal Revenue
Taxation", $75,000.
For an additional amount for the " Office of the Attending
physician", $171,004, for reimbursement ot the Department of the Navy
for expenses incurred for staff and equipment assigned to the Office of
the Attending Physician. Such amount shall be advanced and credited to
the applicable appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be available for
all the purposes thereof.
For an additional amount for " Capitol Police Board", $186,090.
For an additional amount for " Education of pages", $16,735.
For an additional amount for " Capitol Buildings", $250,000, to
remain available until expended, and to be expended in accordance with
the provisions of H. Con. Res. 550, Ninety-second Congress, agreed to
September 19, 1972, and the limit of cost authorized by such resolution,
as increased by the Second Supplemental Appropriations Act, 1973, //87
Stat. 99.// is hereby further increased by the amount herein
appropriated.
For an additional amount for " Capitol power plant", $3,100,000.
For an additional amount for " Construction, General", to remain
available until expended, $1,160,000.
For an additional amount for " Operation and Maintenance, General",
$35,000,000, to remain available until expended.
For necessary expenses of the Nuclear Regulatory Commission as
authorized by law, including services as authorized by 5 U.S.C. 3109,
$44,400,000, to remain available until expended.
For an additional amount for " Operation and maintenance",
$3,800,000, to be derived from the reclamation fund.
For an additional amount for " Salaries and expenses", $9,227,000.
For an additional amount for " Acquisition, operation and maintenance
of buildings abroad (special foreign currency program)", $7,000,000, to
remain available until expended: Provided, That this appropriation
shall be available only upon the enactment into law of H. R. 4510 or
equivalent legislation.
For an additional amount for " Payment to Foreign Service retirement
and disability fund", $1,420,000.
For an additional amount for " Missions to international
organisations", $300,000.
For an additional amount for " International conferences and
contingencies", $1,000,000 to be derived by transfer from the
appropriation for " Mutual educational and cultural exchange
activities", fiscal year 1975, to remain available until December 31,
1975, of which not to exceed $15,000 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: Provided,
That in addition to the amount made available for representation
allowances and official entertainment under this heading in the
Department of State Appropriation Act, 1975, //88 Stat. 1187.// not to
exceed $20,000 shall be available for such purposes.
For payments, not otherwise provided for, by the United States to
meet expenses of the United Nations Emergency Force and the United
Nations Disengagement and Observer Force in the Middle East,
$28,837,000, notwithstanding the limitation in Public Law 92 - 544 (86
Stat. 1110): Provided, That this appropriation shall be available only
upon enactment into law of authorizing legislation.
For an additional amount for " Salaries and Expenses, General
Administration", $72,000 to be derived by transfer from the
appropriation " Salaries and Expenses, Law Enforcement Assistance
Administration, 1975".
For an additional amount for " Salaries and expenses, general legal
activities", $246,000, to be derived by transfer from the appropriation
" Salaries and expenses", Law Enforcement Assistance Administration,
fiscal year 1975.
For an additional amount for " Salaries and expenses, Antitrust
Division", $955,000, to be derived by transfer from the appropriation "
Salaries and expenses", Law Enforcement Assistance Administration,
fiscal year 1975.
For an additional amount for " Salaries and expenses, United States
attorneys and marshals", $886,000, of which $586,000 shall be derived by
transfer from the appropriation " Salaries and expenses", Law
Enforcement Assistance Administration, fiscal year 1975: Provided, That
of the total amount available to this appropriation not to exceed
$500,000 shall be available for payment of compensation and expenses of
Commissioners appointed in condemnation cases under Rule 71 A(h) of the
Federal Rules of Civil Procedure. // USC app.//
For an additional amount for " Salaries and expenses", $3,570,000, to
be derived by transfer from the appropriation " Salaries and expenses",
Law Enforcement Assistance Administration, fiscal year 1975.
For an additional amount for " Support of United States prisoners",
$2,400,000 to be derived by transfer from the appropriation " Salaries
and Expenses, Law Enforcement Assistance Administration, 1975".
For an additional amount for "salaries and expenses", $15,000,000 to
carry out title II of the Juvenile Justice and Delinquency Prevention
Act of 1974, //42 USC 5611.// to remain available until August 31, 1975:
Provided, That an additional $10,000,000 previously appropriated for
"salaries and expenses, Law Enforcement Assistance Administration" shall
remain available until December 31, 1975, to carry out title II of the
Juvenile Justice and Delinquency Prevention Act and to be used only for
administrative expenses, including personnel, State planning costs and
special emphasis and treatment programs.
For an additional amount for " Operations and administration",
$1,600,000, to remain available until expended, including funds to carry
out the provisions of the Defense Production Act of 1950, as amended (50
U.S.C. 2061 - 2166). //50 USC app. 2061.//
For an additional amount for " Coastal zone management", $3,000,000,
to remain available until expended.
For an additional amount for " Scientific and technical research and
services", $1,000,000, to remain available until expended.
For an additional amount for the " Fishermen's Guaranty Fund",
$1,910,000 to remain available until expended.
For expenses necessary to carry out the provisions of the Offshore
Shrimp Fisheries Act of 1973, //16 USC 1100b note.// $230,000 to remain
available until expended.
For an additional amount for " Salaries and Expenses, Administrative
Office of the United States Courts," $112,000, to be derived by transfer
from the appropriation " Space and facilities, the Judiciary," fiscal
year 1975.
For an additional amount for " Expenses of Referees," $52,000, 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 monies in the Treasury
not otherwise appropriated.
For carrying out the initial phases of planning and implementation of
speedy trial plans pursuant to Title I of the Speedy Trial Act of 1974,
//18 USC 3161.// $2,500,000, to remain available until expended, and to
be allocated to the Federal judicial districts by the Administrative
Office of the United States Courts.
For salaries and expenses of Pretrial Services Agencies to be
established pursuant to Title II of the Speedy Trial Act of 1974, //18
USC 3152.// including supportive services to defendants released pending
trial, $10,000,000, to remain available until expended.
For an additional amount for " Salaries and Expenses", $1,020,000, to
be derived by transfer from the appropriation " Fees of jurors", fiscal
year 1975.
For an additional amount for " Furniture and Furnishings",
$1,200,000, to be derived by transfer from the appropriation " Space and
facilities, the Judiciary", fiscal year 1975.
For an additional amount for " Salaries and expenses", fiscal year
1974, $929,000, to defray a deficiency incurred in that year.
For payment to the " Fishermen's Protective Fund", in accordance with
section 5 of Public Law 92 - 569 //22 USC 1979.// approved October 26,
1972, $3,000,000, to remain available until expended.
For an additional amount for " Salaries and expenses", $1,529,000.
For an additional amount for " Operating expenses", $24,500,000.
For an additonal amount for " Retired pay", $9,150,000.
For an additional amount for " Operation and maintenance, national
capital airports", $850,000 to be derived by transfer from the
appropriation for " Civil supersonic aircraft development".
For an additional amount for " Railroad-highway crossing
demonstration projects", $360,000, to remain available until expended.
For necessary expenses for construction of the Overseas Highway in
accordance with the provisions of section 118, " Federal-aid Highway
Amendments of 1974", //88 Stat. 2288.// to remain available until
expended, $500,000, to be derived form the " Highway Trust Fund".
For an additional amount for " Railroad safety", $1,700,000, of which
$700,000 shall be derived by transfer from the appropriation for "
Railroad research and development", fiscal year 1975.
For an additional amount for " Grants to the National Railroad
Passenger Corporation", $76,225,000, to remain available until expended:
Provided, That $59,800,000 of this appropriation shall be available
only upon enactment of authorizing legislation.
For administrative expenses and preparation of plans to provide
assistance to financially distressed railroads for repairing,
rehabilitating, and improving railroad roadbeds and facilities,
$5,000,000 to remain available until December 31, 1976: Provided,
however, That these funds shall be available only upon the enactment of
authorizing legislation.
For an additional payment to the Urban Mass Transportation Fund, for
liquidation of contractual obligations incurred under authority of the
Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as
amended by Public Laws 93 - 453 and 93 - 503) //49 USC 160lb note.// and
sections 103(e)(4) and 142 (c) of Title 23, U.C. Code, $50,000,000, to
remain available until expended; and authority is hereby provided to
use any undisbursed balances appropriated under this heading prior to
August 29, 1974, for the purposes of Public Law 93 - 503 (National Mass
Transportation Assistance Act of 1974).
For an additional amount for " Research, Development and
Demonstrations", $1,500,000, to remain available until expended:
Provided, That the amount shall be available for the purpose of title
II, Public Law 93 - 503 (National Mass Transportation Assistance Act of
1974). //49 USC 1605 note.//
For an additional amount for " Salaries and expenses", $500,000.
For an additional amount for " Administrative Expenses", $5,000,000,
to remain available until expended.
For an additional amount for " Federal contribution" to enable the
Department of Transportation to pay the Washington Metropolitan Area
Transit Authority, for the fiscal year 1975, $679,000, to remain
available until expended, toward expenses necessary to design,
construct, procure, and install elevators for the handicapped in
stations of a rapid rail transit system as authorized by the Federal-Aid
Highway Act of 1973 (Public Law 93 - 87 approved August 13, 1973), //23
USC 101 note.// and for the fiscal year 1976, $17,145,000, to remain
available until expended, toward expenses necessary to design, engineer,
construct, and equip a rapid rail transit system as authorized by the
National Capital Transportation Act of 1969 (Public Law 91 - 143) //
D.C. Code 1 - 1441 note.// as amended, including acquisition of
rights-of-way, land and interest therein.
For an additional amount for " Salaries and expenses",
$13,621,000.
For an additional amount for " Special payment to recipients of
certain retirement and survivor benefits", $1,750,000,000.
For an additional amount for " Administering the public debt",
$7,000,000.
For an additional amount for " Accounts, collection and taxpayer
service", $1,000,000.
For an additional amount for " Compliance", $2,000,000.
For an additional amount for " Payment to the Postal Service Fund",
$44,085,000.
Of the amount provided under this head in the " Treasury, Postal
Service, and General Government Appropriation Act, 1975", //88 Stat.
613.// $40,000 shall be available for expenses of travel,
notwithstanding the provisions of section 501 of the Act. //88 Stat.
629.//
For an additional amount for " Salaries and Expenses" $100,000.
For an additional amount for " Payment to Civil Service Retirement
and Disability Fund", $371,070,000.
The amount made available in the appropriation under this head in the
Treasury, Postal Service, and General Government Appropriation Act,
1975, //88 Stat. 613.// shall remain available until September 30, 1976.
For an additional amount for " Salaries and expenses", $50,000.
In addition to the aggregrate amount made available for real property
management and related activities under this heading in the Treasury,
Postal Service, and General Government Appropriation Act, 1975, and the
Supplemental Appropriations Act, 1975, //88 Stat. 1771.// $28,000,000
shall be available for such purposes and the limitation on the amount
made available for rental of space is increased to $392,000,000.
The limitation on the aggregate amount of purchase contracts pursuant
to section 5 of the Public Building Amendments of 1972 (Public Law 92 -
313) //40 USC 602a.// contained in section 507 of title V, Public Law 93
- 381, //88 Stat. 630.// is increased to $396,106,000.
For necessary expenses to complete the construction of the United
States Tax Court Building Project, including a plaza to bridge
Interstate Highway 95 between the Tax Court Building and Second Street,
N.W., in the District of Columbia, $2,000,000, to remain available until
expended: Provided, That such sums as are necessary may be transferred
to the General Services Administration for execution of the work.
Funds appropriated under this heading in the Supplemental
Appropriations Act, 1975, shall remain available until December 31,
1975.
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 House Document Numbered 79 and Senate Document
Numbered 40, Ninety-fourth Congress, $94,037,225, 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 1975,
for increased pay costs authorized by or pursuant to law, as follows:
" Office of the Legislative Counsel of the Senate", $23,550;
" Senate policy committees", $30,160;
" Inquiries and investigations", $575,625;
" Folding documents", $3,400;
" Miscellaneous", $3,100;
" House leadership offices", $35,755;
" Salaries, officers and employees", $597,930";
" Committee employees", $201,615;
" Committee on Appropriations(investigations)", $94,000;
" Office of the Legislative Counsel", $21,500;
" Members' clerk hire", $2,505,000;
" Government contributions", $315,000;
" Special and select committees", $440,170;
" Leadership automobiles", $2,135;
" Joint Economic Committee", $21,220;
" Joint Committee on Atomic Energy", $12,685;
" Joint Committee on Internal Revenue Taxation", $32,400;
" Joint Committee on Defense Production", $4,820;
" Joint Committee on Congressional Operations", $15,420;
" Capitol Guide Service", $12,010;
" Salaries and expenses", $41,000;
Office of the Architect of the Capitol: " Salaries", $28,100;
" Capitol buildings", $280,400;
" Capitol grounds", $126,700;
" Senate Office Building", $451,200;
" Senate Garage", $16,900;
" House office buildings", $615,500;
" Capitol power plant", $145,400;
" Library buildings and grounds: Structural and mechanical care",
$110,000;
" Salaries and expenses", $101,400;
" Salaries and expenses", $1,365,000: Provided, that $200,000 of the
amount allocated for rental of space under this head, fiscal year 1975,
may be used for increased pay costs;
Copyright Office: " Salaries and expenses", $153,000;
Congressional Research Service: " Salaries and expenses", $377,000;
Distribution of catalog cards: " Salaries and expenses",
$199,000;
" Salaries and expenses", $765,000;
" Salaries and expenses", $3,613,000;
" Salaries", $155,000;
" Automobile for the Chief Justice", $500;
" Care of the building and grounds", $58,300;
" Salaries of supporting personnel", $1,982,000, to be derived by
transfer from the appropriation " Space and facilities, the Judiciary",
fiscal year 1975;
" Representation by court-appointed counsel and operation of defender
organizations", $126,000, to be derived by transfer from the
appropriation " Space and facilities, the Judicary", fiscal year 1975;
" Administrative Office of the United States Courts", $180,000, to be
derived by transfer form the appropriation " Space and facilities, the
Judiciary", fiscal year 1975;
" Expenses of referees", $538,000, 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", $30,000, to be derived by transfer from the
appropriation " Fees of jurors", fiscal year 1975;
" Operating expenses", $49,000;
" Salaries and expenses", $250,000;
" Office of the Secretary", $483,000, of which $78,000 shall be
available for the Office of Communication;
" Office of the Inspector General", $470,000, and in addition,
$164,000 shall be derived by transfer form the appropriation for " Food
stamp program", and merged with this appropriation;
" Office of the General Counsel", $226,000;
" Agricultural Research Service", $7,081,000;
" Animal and Plant Health Inspection Service", $8,806,000;
" Cooperative State Research Service", $61,000;
" Extension Service", for " Federal administration and coordination",
$166,000;
" National Agricultural Library", $123,000;
" Statistical Reporting Service", $852,000;
" Economic Research Service", $745,000;
" Commodity Exchange Authority",$155,000;
" Packers and Stockyards Administration", $154,000;
" Farmer Cooperative Service", $84,000;
" Foreign Argicultural Service", $477,000;
Argicultural Stabilization and Conservation Service: " Salaries and
expenses", $4,166,000;
Federal Crop Insurance Corporation: " Administrative and operating
expenses", $474,000, which may be paid from premium income;
" Rural Development Service", $35,000;
Rural Electrification Administration: " Salaries and expenses",
$639,000;
Farmers Home Administration: " Salaries and expenses", $4,123,000;
" Conservation operations", $5,891,000, to remain available until
expended;
" River basin surveys and investigations", $409,000, to remain
available until expended;
" Watershed planning", $339,000, to remain available until
expended;
" Watershed and flood prevention operations", $1,884,000, to remain
available until expended;
" Great plains conservation program", $196,000, to remain available
until expended;
" Resource conservation and development", $452,000, to remain
available until expended;
" Marketing services", $1,229,000;
" Funds for strengthening markets, income, and supply (section 32)"
(increase of $120,000 in the limitation on "marketing agreements and
orders");
" Forest protection and utilization", for " Forest land management",
$8,243,000, of which $14,000 for cooperative law enforcement shall
remain available until expended; " Forest research", $2,210,000; and "
State and private forestry cooperation", $146,000;
" Construction and land acquisition", $429,000, to remain available
until expended;
" Youth Conservation Corps", $152,000, to remain available until the
end of the fiscal year following the fiscal year for which appropriated:
Provided, That $76,000 shall be available to the Secretary of
Agriculture;
" Forest roads and trails (Liquidation of contract authority)",
$3,714,000, to remain available until expended;
" Assistance to States for tree planting", $22,000, to remain
available until expended;
" Salaries and expenses", $175,000;
" Salaries and expenses", $1,200,000;
" Periodic censuses and programs", $600,000, to remain available
until expended;
" Regional development programs", $20,000, to remain available until
expended;
" Operations and administration", $1,110,000, to remain available
until expended;
" Salaries and expenses", $70,000;
" Operations, research, and facilities", $8,450,000, to remain
available until expended;
" Coastal zone management", $19,000, to remain available until
expended;
" Administration of Pribilof Islands", $195,000;
" Salaries and expenses", $2,000,000;
" Scientific and technical research and services", $1,600,000, to
remain available until expended;
" Operations and training", $850,000, to remain available until
expended;
" Military personnel, Army", $263,493,000; and in addition,
$10,100,000, of which $6,200,000 shall be derived by transfer from "
Other Procurement, Army, 1975/1977" and $3,900,000 shall be derived by
transfer from " Reserve personnel, Army, 1975";
" Military personnel, Navy", $155,750,000; and in addition,
$10,000,000, of which $5,900,000 shall be derived by transfer from "
Procurement of Aircraft and Missiles, Navy, 1973/1975" and $4,200,000
shall be derived by transfer from " Weapons Procurement, Navy, 1975/
1977";
" Military personnel, Marine Corps", $55,660,000; and in addition,
$3,200,000, which shall be derived by transfer from " Procurement,
Marine Corps, 1975/1977";
" Military personnel, Air Force", $199,831,000; and in addition,
$55,500,000, wich shall be derived by transfer form " Aircraft
Procurement, Air Force, 1975/1977";
" Reserve personnel, Navy", $3,500,000;
" National Guard personnel, Air Force", $700,000;
" Operation and maintenance, Army", $233,135,000; and in addition,
$23,221,000, of which $9,600,000 shall be derived by transfer from "
Procurement of Ammunition, Army, 1975/1977", $6,100,000 shall be derived
by transfer from " Procurement of Weapons and Tracked Combat Vehicles,
Army, 1975/1977", $4,430,000 shall be derived by transfer from "
Research, Development, Test, and Evaluation, Army, 1975/1976", and
$3,091,000 shall be derived by transfer from " Missile Procurement,
Army, 1975/1977";
" Operation and maintenance, Navy", $153,100,000; and in addition,
$6,700,000, which shall be derived by transfer from " Other Procurement,
Navy, 1975/1977";
" Operation and maintenance, Maring Corps", $12,600,000; and in
addition, $1,600,000, which shall be derived by transfer from " Reserve
personnel, Marine Corps, 1975";
" Operation and maintenance, Air Force", $99,420,000; and in
addition. $24,780,000, of which $14,480,000 shall be derived by
transfer from " Other Procurement, Air Force, 1975/1977", and
$10,300,000 shall be derived by transfer form " Aircraft Procurement,
Air Force, 1974/1976";
" Operation and maintenance, Defense Agencies", $50,888,000;
" Operation and maintenance, Army Reserve", $8,293,000;
" Operation and maintenance, Navy Reserve", $2,088,000;
" Operation and maintenance, Marine Corps Reserve", $28,000;
" Operation and maintenance, Air Force Reserve", $7,200,000;
" Operation and maintenance, Army National Guard", $18,728,000;
" Operation and maintenance, Air National Guard", $6,100,000;
" National Board for the Promotion of Rifle Practice, Army", $5,000;
" Research, development, test, and evaluation, Navy", $17,000,000,
which shall be derived by transfer from " Research, development, test,
and evaluation, Army, 1975/1976", to remain available for obligation
until June 30, 1976;
" Research, development, test, and evaluation, Air Force",
$16,493,000, which shall be derived by trnasfer from " Research,
development, test, and evaluation, Army, 1975/1976", to remain available
for obligation until June 30, 1976;
" Family housing, Defense", $10,194,000 (and an increase of
$10,194,000 in the limitation on Department of Defense, operation,
maintenance);
" Operation and maintenance, general", $13,000,000;
" General expenses", $1,300,000;
" Operation and maintenance", $866,000;
" Oerating expenses", $3,136,000;
" Operating expenses", $3,136,000;
" Limitation on general and administrative expenses" (increase of
$2,362,000 in the limitation on general and administrative expenses);
" Salaries and expenses", $4,541,000;
" Indian health services", $9,455,000;
" Preventive health services", $2,802,000 which shall be derived by
transfer from the appropriation for " Health Resources",;
For increased pay costs authorized by or pursuant to law, to be
derived by transfer from the appropriation for " Health Resources", as
follows:
National Heart and Lung Institute, $500,00;
National Institute of Dental Research, $169,000;
National Institute of Arthritis, Metabolism, and Disgestive
Diseases, $93,000;
National Institute of Child Health and Human Development,
$469,000;
National Institute of Environmental Health Sciences, $222,000;
National Library of Medcine, $400,000;
" Office of the Director", $326,000;
" Alcohol, Drug Abuse, and Mental Health Administration", $1,547,000
which shall be derived by transfer from the appropriation for " Health
Resources";
" Saint Elizabeths Hospital", $2,326,000;
" Assistant Secretary for Health", $777,000, and, in addition,
$80,000 to be derived by transfer, as authorized by section 210(g) (1)
of the Social Security Act, //42 USC 401.// from one or all of the trust
funds referred to therein;
" Indian education", $34,000;
" Salaries and expenses", $2,345,000;
" National Institute of Education", $357,000;
" Salaries and expenses", $56,000;
" Salaries and expenses", $2,003,000;
" Special benefits for disabled coal miners", $807,000;
" Limitation on salaries and expenses" (increase of $42,590,000 in
the limitation on salaries and expenses paid from trust funds);
" Office of Consumer Affairs", $50,000;
" Departmental management", $2,464,000;
" Salaries and expenses, Housing production and mortgage credit
programs", $440,000;
" Limitation on administrative expenses, Federal Housing
Administration" (increase of $427,000 in the limitation on
administrative expenses);
" Limitation on administrative expenses, Government National Mortgage
Association" (increase of $33,000 in the limitation on administrative
expenses);
" Salaries and expenses, Housing management programs", $697,000;
" Salaries and expenses, Communtiy planning and development
programs", $1,219,000;
" Salaries and expenses, Policy development and research", $190,000;
" Fair housing and equal opportunity", $344,000;
" General departmental management", $134,000;
" Salaries and expenses, Office of general counsel", $123,000;
" Salaries and expenses, Office of inspector general", $196,000;
" Administration and staff services", $327,000;
" Regional management and services", $671,000;
" Management of lands and resources", $2,440,000;
" General administrative expenses", $620,000, which shall be derived
from the reclamation fund;
" Salaries and expenses", $170,000;
" Land and water conservation": In addition to the amount heretofore
made available for administrative expenses of the Bureau of Outdoor
Recreation, $180,000 is hereby made available;
" Resource management", $2,672,000;
" Operation of the National Park System", $10,813,000;
" Preservation of historic properties", $101,000;
" John F. Kennedy Center for the Performing Arts", $80,000;
" Surveys, investigations, and research", $4,846,000;
" Mines and minerals", $844,000;
" Bonneville Power Administration Fund": In addition to the amounts
transferred to this fund under Public Law 93 - 454, //88 Stat. 1376.//
$4,470,000 shall be made available from current receipts of the
Bonneville Power Administration to provide for increased pay costs
during fiscal year 1975;
" Operation of Indian programs", $9,318,000;
" Salaries and expenses", $327,000;
" Salaries and expenses", $385,000;
" Departmental operations", $180,000;
" Salaries and expenses, general administration", $529,000;
" Salaries and expenses, general legal activities", $1,743,000;
" Salaries and expenses, Antitrust Division", $536,000;
" Salaries and expenses, " United States attorneys and marshals",
$3,627,000;
" Salaries and ecpenses", $12,876,000;
" Salaries and expenses", $5,470,000;
" Salaries and expenses, Bureau of Prisons", $4,000,000;
" Salaries and expenses", $3,123,000;
" Salaries and expenses", $950,000;
" Salaries and expenses", $886,000;
" Salaries and expenses", $1,250,000, of which $196,000 shall be
available, in addition to the amount heretofore made available, for
expenses of revising the Consumer Price Index, including salaries of
temporary personnel assigned to this project without regard to
competitive civil service requirements;
" Salaries and expenses", $814,000, of which $27,000 shall be
abailable, in addition to the amount heretofore made available, for the
President's Committee on Employment of the Handicapped;
" Salaries and expenses", $6,500,000;
" Missions to international organizations", $108,000;
International Boundary and Water Commission, United States and
Mexico: " Salaries and expenses", $251,000;
" American sections, international commissions", $29,000;
" International fisheries commissions", $30,000;
" Mutual educational and cultural exchange activities", $300,000;
" Migration and refugee assistance", $23,000;
" Salaries and expenses", $400,000;
" Operating expenses", $17,620,000;
" Reserve training", $927,000;
" Operations", $44,000,000;
" Operation and maintenance, National Capital Airports", $870,000;
" Limitation on general operating expenses" (increase of $2,000,000
in the limitation on general operating expenses);
" Motor carrier safety", $172,000;
" Highway beautification", $34,000;
E-1------------$241
E-2------------248
E-3------------255
E-4------------270
E-5------------278
E-6------------248
E-7------------298
E-8------------315
E-9 /1/ -----329
W-1------------304
W-2------------316
W-3------------326
W-4------------$344
O-1------------304
O-2------------315
O-3------------337
O-4------------356
O-5------------392
O-6------------441
O-7------------478
O-8------------523
O-9------------562
O-10 /2/ ----615